The house has collapsed for two years. Which law stipulates that the homestead belongs to the collective?

The house has collapsed for two years, and the homestead belongs to the collective, which belongs to the land management law.

Legal analysis

The right to use rural homestead must be used by collective members, but in actual production and life, individual accounts of collective members move out, and all family accounts move out. According to the law of our country, the homestead is allocated by households, and only collective members can use the homestead, and the transfer of the right to use the homestead can only be carried out among collective members. Therefore, when all the residents on the homestead move out, if the house collapses, the right to use the homestead will be lost and the original homestead will be owned by the collective; When there are still members' accounts in the collective, that is, some people are rural accounts, according to the characteristics of the family, then the family can continue to enjoy the right to use the homestead and apply for rebuilding the new house after the house collapses. In addition, it should be noted that the rural homestead can not be idle for more than two years, otherwise the collective will still take it back. According to the regulations, homestead is a collective construction land for farmers to build houses based on their membership in collective economic organizations. Farmers can get land without paying any land fees. Is a kind of welfare, generally can't inherit. But the houses built on the homestead belong to citizens' personal property and can be inherited.

legal ground

Land Management Law of the People's Republic of China

Article 10 State-owned land and land collectively owned by peasants may be designated for use by units or individuals according to law. Units and individuals that use land have the obligation to protect, manage and rationally use land.

Article 11 Land collectively owned by peasants belongs to village peasants collectively according to law, and is managed by village collective economic organizations or villagers' committees; Farmers who have been collectively owned by more than two rural collective economic organizations in the village shall be managed by the rural collective economic organizations or villagers' groups in the village; Farmers who have returned to their hometowns (towns) are collectively owned and managed by rural collective economic organizations in townships (towns).