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Now in the city, individuals are no longer allowed to buy land. If you want to buy land to build a house by yourself, you can compete for the right to use the land, and then approve the building permit, and go to the urban construction and planning department for approval and filing. In rural areas, it is possible to apply for a homestead and build a house on your own, and there are not so many restrictions.
1. Rural homesteads.
Eligibility criteria:
1. It is really necessary to divide the household due to the marriage of children and other reasons, and there is a lack of homestead;
2. Immigrants settle down and become members of the collective economic organization.
those who do not have a homestead;
3. Due to the occurrence or prevention of natural disasters.
Implement village and market town planning and carry out communal facilities in townships (towns).
and the construction of public welfare undertakings, which need to be relocated.
2. Rural villagers.
In any of the following circumstances, the use of homestead land shall not be approved:
1. Under the age of 18;
2. The area of the original homestead has reached the prescribed standard or can meet the needs of sub-households;
3. Selling or renting out houses in the village.
Due to the discrepancies in the regulations of each province, the specific details can only be determined after consulting with the local land department.
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If it is a self-built house, it is relatively easy, you need to go to the Land and Resources Bureau, the Urban and Rural Development Bureau and other relevant departments for approval procedures, and you can build a house after getting the construction permit, if it is a development of real estate, it is much more complicated, involving more departments, planning bureau, cultural relics protection bureau, environmental protection bureau, etc., large real estate also has to be approved by the air defense office, all need to pay fees.
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Rural homesteads bought by townships and towns can have property ownership certificates (i.e., house ownership certificates) and land use certificates.
Article 82 of the "Housing Registration Measures" stipulates that villagers' houses built by using homesteads in accordance with the law and houses built by using other collectively owned construction land in accordance with the law may apply for housing registration in accordance with the provisions of these Measures.
Article 83 stipulates that those who apply for initial registration of house ownership due to the legal construction of a house shall submit the following materials:
1) Application for registration;
2) Proof of the applicant's identity;
3) Proof of the right to use the homestead or the certificate of the right to use the land for collectively owned construction;
4) Proof that the registered house conforms to urban and rural planning;
5) Housing surveying and mapping report or village floor plan;
6) Other necessary materials. Where an application is made for the initial registration of a villager's housing ownership, a certificate that the applicant is a member of the rural collective economic organization where the house is located shall also be submitted.
Extended information: How to apply for homestead land and house building procedures for rural residents: Conditions for rural residents to apply for homestead land.
Rural residents applying for homestead land must meet the following conditions:
First, rural residents must be at least 18 years old and meet the conditions for separation;
Second, the construction of houses by rural residents must conform to the overall land use plan, the annual land use plan and the village and town construction plan;
The third is the standard for the construction quota of rural residents, and the area standard for homestead land is: if cultivated land is used, the maximum is not more than 120 square meters; For the use of other land, the maximum shall not exceed 140 square meters, and the maximum shall not exceed 160 square meters for the use of wasteland and barren slopes in mountainous areas.
Fourth, rural residents must build houses with "one household and one foundation";
Fifth, rural villagers who are renting out and selling their original homestead land and then applying for homestead land will not be approved;
Sixth, it is strictly forbidden for non-peasant households and other persons to purchase homestead land in the village.
Land refers to a building lot or site that can be used for development. It is a colloquial term in land use.
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1. Homestead land use certificate; 2. Homestead land transfer license. If so, you can also sign an assignment agreement with the other party. Urban land is generally transferred through public auction, and eligible units or individuals can participate in the auction, and if the bidding successfully obtains the land use right, they need to build a house in accordance with urban planning, and go through the examination and approval procedures for all kinds of houses, and can build a house when the procedures are complete.
Legal basis: "Land Management Law of the People's Republic of China" Article 2 The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people. The right to be owned by the whole people, that is, the land owned by the state, is exercised by *** on behalf of the state.
No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law. The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.
The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.
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The procedures required for buying land and building houses in rural areas are: those who apply to build houses must be members of the village collective, and the rural homesteads are all owned by the collective, while the rural areas only have the right to use, and the ownership belongs to the village collective. Therefore, in order to build a house in rural areas, the first condition that needs to be met is that you must be a member of the village collective. Even if you were originally a member of the village collective, but for various reasons, you are not allowed to apply for building a house after moving your household registration to the town of Lu.
2. Must meet the requirements of "one household, one house" to apply for building a house in rural areas, and must meet the requirements of "one household, one house". If you have other properties in the village, you are not allowed to build them. Of course, you can also build on the original homestead, but only if the original building is demolished.
3. It must be in line with the planning of rural construction, and now the rural application for building a house needs to apply for the "Rural Construction Planning Permit" in advance. It is a legal certificate for the construction location and scope to be confirmed by the urban and rural planning administrative departments of the city and county after being reviewed by the people of the township and town, and it is also the legal certificate for the personal land of rural self-built houses. 4. The construction standards must meet the local policy requirements, and each province has different requirements for the area requirements of rural homesteads.
Like our Sichuan side, for family members, each person is 20-30 square meters. If the construction standard is exceeded, it is not possible to apply for building a house. 5. In the rural area, the original homestead or house has been rented or belongs to the village collective members, and the original house or homestead is rented or rented for personal reasons, and it is not allowed to build a house in this case.
Some farmers may rent out their original houses or re-apply to build houses because of interests, but this situation is not allowed.
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