Measures of Dali Municipality on the Administration of Rural Homestead

I. Land Management Law of the People's Republic of China Article 8 Urban land belongs to the state. Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills are collectively owned by farmers. Sixty-second rural villagers can only own one homestead, and the area of their homestead shall not exceed the standards stipulated by provinces, autonomous regions and municipalities directly under the central government. Rural villagers should build houses in accordance with the overall land use planning of townships (towns), and try their best to make use of the original homestead in the village. Rural villagers' residential land shall be audited by the township (town) people's government and reported to the county-level people's government for approval; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law. Rural villagers who apply for homestead after selling or renting houses shall not be approved. 2. All provinces have relevant implementation measures or regulations formulated according to the Land Management Law. For example, according to the Measures of Shandong Province for Implementing the Land Management Law of the People's Republic of China, article 43 rural villagers can only own one homestead. When building houses in rural areas, villagers must conform to the overall land use planning of townships (towns), combine the transformation of old villages, make full use of the original homestead, homestead in the village and hillside wasteland, and strictly control the occupation of agricultural land. The area of new homestead is limited to: (1) the location of urban suburbs and townships (towns), and the area of each household does not exceed 166 square meters; (two) villages in plain areas, the area of each household shall not exceed 200 square meters. Villages built on saline-alkali land and wasteland may be appropriately relaxed, but the maximum shall not exceed 264 square meters; (three) in mountainous and hilly areas, the village site is on the plain, and the area of each household is 132 square meters; On the thin land on the hillside, the area of each household can be appropriately relaxed, but it does not exceed 264 square meters at most. If the per capita arable land is less than 666 square meters, the area of each household's homestead can be lower than the limit stipulated in the preceding paragraph. The people's government at the county level may, according to local specific conditions, formulate the standard of homestead area within its administrative area within the limits specified in the second paragraph of this article. Forty-fourth rural villagers who meet the following conditions may apply for the use of the homestead: (1) It is really necessary to build a new residence for separate households due to reasons such as marriage; (two) the original residence affects the urban planning and needs to be relocated; (three) approved by the people's governments at or above the county level to return to their original places, and there is no housing in rural areas; (four) other conditions stipulated by the people's governments at or above the county level. Forty-fifth rural villagers to build houses, I put forward an application for land use, after discussion and consent by all members of the villagers' meeting or rural collective economic organizations, the township (town) people's government shall review it, report it to the land administrative department of the people's government at the county level for review, and be approved by the people's government at the same level. Among them, those who occupy agricultural land shall go through the examination and approval procedures for the conversion of agricultural land in accordance with the provisions of Article 44 of the Land Management Law. Forty-sixth rural villagers have more than two homesteads, the villagers' committee or rural collective economic organizations can recover the excess homestead according to law and make unified arrangements for use. If there are ground attachments, appropriate compensation shall be given, and the compensation standard shall be determined by the villagers' meeting; It can also be used for compensation, but if the house is damaged and cannot be used, the excess homestead must be recovered. To recover and recover the homestead, the cancellation of registration of collective land use rights shall be handled according to law. 3. "the State Council's Decision on Deepening Reform and Strict Land Management" (Guo Fa [2021] No.28) stipulates: "Reform and improve the examination and approval system of homestead, strengthen the management of rural homestead, and prohibit urban residents from buying homestead in rural areas." 4. The Notice of the Ministry of Land and Resources on Strengthening the Management of Rural Homestead (Guo Tu Zi Fa [2021] No.234) stipulates that in order to effectively implement the Decision of the State Council on Deepening Reform and Strict Land Management (Guo Fa [2021] No.28), further strengthen the management of rural homestead and correctly guide rural villagers to use land for building. All localities should combine the revision of the overall land use planning, pay close attention to the preparation and improvement of the overall land use planning of townships (towns), and reasonably determine the number, layout, scope and scale of small towns and rural residential areas in accordance with the overall requirements of the overall arrangement of urban and rural construction land and the general principles of controlling increment, rational layout, intensive land use and protecting cultivated land. The approved master plan for land use of townships (towns) shall be published. Land and resources management departments should actively cooperate with relevant departments to do a good job in the construction planning of villages and market towns within the scope of land used for the construction of villages and market towns. (two) strictly according to the planning control of rural construction land. All localities should take effective measures to guide rural villagers' housing construction gradually to small towns and central villages in a planned and step-by-step manner. For the construction of rural villagers' houses in urban planning areas, we should focus on the construction of farmers' residential quarters to prevent the formation of new "villages in the city" and avoid "secondary demolition". For the construction of rural villagers' houses outside the urban planning area, in accordance with the requirements of urbanization and intensive land use, farmers' new villages are encouraged to focus on construction. Within the planned scope of merging villages, except for the renovation of dangerous houses, the examination and approval of new building, renovation and decoration of houses will be stopped. (3) Strengthen the planning and management of rural homestead. The occupation of agricultural land by rural homestead should be included in the annual plan. Provinces (autonomous regions and municipalities) can increase the planned index of agricultural land occupied by rural residential areas in the annual plan index of urban and rural construction land issued to counties (cities). The planned index of rural homestead occupying agricultural land should be linked to the newly-increased cultivated land area of rural construction land consolidation. After the county (city) land and resources management department has approved the new cultivated land area, it shall give priority to the same number of agricultural land conversion indicators in the annual master plan indicators of farmers' housing construction. The administrative department of land and resources of the people's government at the provincial level shall strengthen the supervision and inspection of the implementation of the annual plan for the occupation of agricultural land by rural homesteads in counties (cities), and shall not grant land beyond the plan. Counties (cities) shall, at the end of each year, report the implementation of the plan of rural homestead occupying agricultural land to the land and resources management department of the provincial people's government for the record. The second is to reform and improve the examination and approval system of rural homestead and standardize the examination and approval procedures. All provinces (autonomous regions and municipalities) should adapt to the characteristics of farmers' housing construction, and reform the examination and approval methods for rural villagers to occupy agricultural land to build houses in accordance with the principles of strict management, improving efficiency and benefiting the people and the people. Counties (cities) can apply for approval of agricultural land conversion to provinces (autonomous regions and municipalities) or cities divided into districts and autonomous prefectures at the beginning of each year according to the actual needs of rural homestead occupation plan indicators and rural villagers' housing construction issued by provinces (autonomous regions and municipalities), and the county (city) shall examine and approve the supply of homestead one by one after examination and approval according to law. Rural residential construction, the use of village homestead, old homestead and unused land, by the village, township (town) level by level audit, approved by the county (city) in batches, by the township (town) door-to-door implementation. (5) Strict application conditions for homestead. Resolutely implement the legal provisions of "one household, one house". A rural villager can only own one homestead, and the area shall not exceed the standards set by provinces (autonomous regions and municipalities). All localities should formulate unified rural homestead area standards and homestead application conditions in light of local conditions. Do not meet the application conditions shall not approve the homestead. Rural villagers who sell, lease or give their original houses to others before applying for homestead shall not be approved. (six) standardize the application and approval procedures for rural residential sites. If rural villagers need to use homestead for building houses, they shall apply to the collective economic organizations and post them in the collective economic organizations or villagers' groups. If there is no objection at the expiration of the publicity period, it shall be reported to the township (town) for review and then to the county (city) for approval. After the homestead is approved according to law, the rural collective economic organizations or villagers' groups shall timely post the approval results. All localities should standardize the examination and approval behavior, improve the system of public affairs, and provide quality services. County (city) and township (town) shall announce to the public the application conditions, application and approval procedures, approval time limit, approval authority and other relevant provisions and the annual land use plan. (seven) improve the homestead management system. In the process of homestead approval, the township (town) land and resources management should achieve "three presence". That is, after accepting the application for homestead, it is necessary to go to the field to investigate whether the applicant meets the conditions and whether the proposed land meets the planning; After the homestead is approved according to law, it shall be measured and released on the spot; After the villagers' houses are completed, they should go to the field to see whether the land is used according to the approved area and requirements. All localities are not allowed to collect paid land use fees for new construction land from farmers in the examination and approval of homestead. (eight) to strengthen the rural homestead registration and certification work. City and county land and resources management departments should speed up the rural homestead land registration and certification work, so that homestead land registration and certification to households, clear content, and earnestly safeguard the legitimate rights and interests of farmers. It is necessary to strengthen the registration of changes in rural homesteads, change one household and register one case, give full play to the role of cadastral files in the supervision and management of homesteads, and effectively guarantee the implementation of the legal system of "one household, one house". It is necessary to mediate disputes over homestead ownership in a timely manner according to law and maintain social stability. Third, actively promote the consolidation of rural construction land and promote the intensive use of land (9) actively promote the consolidation of rural construction land. Counties, cities and townships (towns) should scientifically formulate and implement the merger plan for village transformation according to the overall land use planning, combined with the implementation of the small town development strategy and the "every village" project, actively promote the consolidation of rural construction land, improve the level of urbanization and intensive use of rural land, and strive to save the use of collective construction land. Rural construction land consolidation should be carried out in a planned, step-by-step and active and steady manner in accordance with the principle of "planning first, policy guidance, villagers' voluntary participation and diversified investment". (10) intensify efforts to revitalize existing construction land. All localities should organize the investigation and clean-up of "hollow villages" and idle homesteads, vacant houses and "one household with multiple rooms" according to local conditions. Formulate plans, plans and policies and measures for digestion and utilization, and intensify efforts to revitalize existing construction land. Rural villagers should make full use of the village homestead, old house base, wasteland and abandoned land when building, rebuilding and expanding their houses. Where there is a library in the village and the old house base is not used, the occupation of cultivated land shall not be approved. The use of villages and old houses to build houses must also conform to the planning. For "one household with multiple houses" and vacant houses, all localities should formulate incentive measures to encourage farmers to vacate redundant homesteads. If the new house wants to withdraw from the old house base, measures such as signing a contract should be taken to ensure that the old house is demolished on schedule and the old house base is handed over. (eleven) increase investment in rural construction land consolidation. County (city) and township (town) shall organize village collective economic organizations or villagers' groups to supplement the cultivated land occupied by farmers' homesteads. Provinces (autonomous regions, municipalities), cities and counties should take some funds from the land transfer fee for agricultural land development, the paid use fee for new construction land, and the reclamation fee for rural construction land consolidation to increase the cultivated land area and ensure that the cultivated land area does not decrease. Fourth, strengthen the publicity and education of the legal system, strictly enforce the law (12) and strengthen the publicity and education of the land legal system and national policies. Land and resources management departments at all levels should carry out in-depth and sustained publicity and education activities, widely publicize the national land policies, regulations and policies, raise the awareness of cadres and the masses to abide by the land law and cherish the land, and enhance the consciousness of managing land, intensive land use and protecting cultivated land according to law. (thirteen) strict daily supervision system. All localities should further improve the dynamic inspection system, effectively strengthen the daily supervision of rural villagers' residential construction land, and timely discover and stop all kinds of land violations. It is necessary to focus on strengthening the supervision and management of rural homestead in the urban-rural fringe. It is strictly forbidden for urban residents to buy homestead in rural areas, and it is strictly forbidden to issue land use certificates for houses purchased and illegally built by urban residents in rural areas. It is necessary to strengthen the township (town) land and resources management institutions and functions, and give full play to the role of township (town) land and resources management in homestead management. Actively explore effective measures to prevent land violations and give full play to the public's supervisory role. For serious violations of discipline, it is necessary to publicly expose and educate the masses with typical cases.

Legal objectivity:

Article 13 of the Measures for the Administration of Rural Homestead may apply for a homestead under any of the following circumstances: (1) It needs to be relocated or rebuilt due to national or collective construction, relocation or disaster; (two) the implementation of city, village and market town planning or the transformation of old villages, the need to adjust the demolition; (three) the existing homestead area has not yet reached the quota standard stipulated in these measures and needs to be rebuilt or expanded; (four) with household conditions and the original homestead area has not yet reached the limit standard stipulated in these measures, which needs to be rebuilt or expanded; (five) with the approval of the county people's government, the professional and technical personnel introduced or recruited by rural collective economic organizations really need to settle in rural areas; (six) retired workers, demobilized soldiers and overseas Chinese, their relatives, Hong Kong, Macao and Taiwan compatriots with legal documents to return to their original places to settle down; (seven) as otherwise provided by laws, regulations and rules.