Jimo Dongyuanzhuang demolished the dry part_What should I do if I withdraw from the homestead?

Opinions on properly solving the historical problems of rural homesteads. In order to implement the relevant national, provincial and municipal regulations on the confirmation and issuance of rural collective land rights, properly solve the historical problems in the confirmation and registration of rural homesteads without ownership sources in our district in accordance with the law, and improve the approval and registration issuance of rural homesteads without ownership sources Certification procedures to enhance the people's sense of happiness and gain. In line with the principles of complying with laws and regulations, respecting history, seeking truth from facts, and maintaining rural harmony and stability, in accordance with the "Land Management Law of the People's Republic of China" and the "Ministry of Natural Resources' Notice on Accelerating the Acceleration of Homesteading" Notice on the Confirmation and Registration of the Use Rights of Bases and Collective Construction Lands" (Natural Resources Development [2020] No. 84) "Notice of the Qingdao Municipal Natural Resources and Planning Bureau on Further Accelerating the Confirmation and Registration of Rural Real Estate Rights" (Qingdao Natural Resources Regulations [2020] No. 102) "Opinions on the Handling of Issues Related to the Confirmation, Registration and Issuance of Rural Homestead Rights in Jimo City" (i.e. Jimu Registration Office [2014] No. 1) and other documents, combined with the actual situation of our district, this opinion is formulated:

Policy provisions: (1) Application conditions. Since the implementation of the "Regulations on the Management of Land for Village and Town Housing Construction" on February 13, 1982, rural villagers' use of homesteads should comply with the overall land use plan and village and town construction plans, and comply with Homestead application conditions. (2) Strictly implement the legal provisions that a rural villager can only own one homestead per household. Except for inheritance and children's marriage, a household's application for confirmation and registration of the second house will not be accepted; a household's application for improvement after inheritance The second house without ownership will not be accepted. (3) Strictly enforce the regulations that urban residents cannot purchase or illegally build residences in rural areas. Applications for homestead registration by urban residents who purchase or illegally construct residences in rural areas will not be accepted. (4) Strictly implement the area standards for homesteads and improve the procedures for using homesteads without legal ownership. The area standards shall be determined in accordance with the relevant laws and regulations at the time of residential construction. In principle, the area shall not exceed 200 square meters. Those exceeding the area standard will be classified and processed when registering and issuing certificates: 1. Homesteads occupied by houses built before the implementation of the "Village and Town Housing Land Management Regulations" on February 13, 1982, and the land area has not been expanded since the implementation of the regulations. , determine the homestead area according to the actual use status. 2. For the homestead occupied by building a house after the implementation of the "Villaage and Town Housing Land Management Regulations" on February 13, 1982 and before the implementation of the "Land Management Law" on January 1, 1987, the area standard for each household to complete the homestead procedures shall not exceed 233.3 square meters. meters (the Shandong Provincial People's Government's notice on the implementation of the "Regulations on the Management of Land for Village and Town Housing Construction"). If the area exceeds the specified area, the area exceeding the standard shall be noted in the note column of the land registration book and land rights certificate when registering and issuing the certificate. 3. For the homestead occupied by building a house after the implementation of the Land Management Law on January 1, 1987, the area standard for each household to complete the homestead procedures shall not exceed 200 square meters. If the area exceeds the prescribed area standard, the area exceeding the prescribed area can be noted in the land registration book and the note column of the land rights certificate: when houses are built in separate households in the future or the existing houses are demolished, remodeled, renovated, or the government implements planning and re-construction in accordance with the law, Handled in accordance with relevant regulations. 4. If you own multiple home sites due to reasons such as demolition and off-site renovation of some houses in compliance with the village's unified planning, and the total area does not exceed 200 square meters, you can complete the procedures according to regulations. 5. If the house building is in compliance with the requirements for house division but has not been divided into households, the area of ??the currently used homestead does not exceed the total amount of the area standard after division, and will not be treated as an excess area. If the over-occupied location can be determined in paragraphs 2 and 3, the over-occupied location shall be marked with a dotted line on the parcel map.

The paid exit of rural homestead means that after farmers move to the city to buy a house and settle down, if they want to return the homestead to the village collective, the government will provide certain compensation. Of course, you can also choose not to withdraw. This is The freedom of farmers is not compulsory. In January 2015, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council jointly issued the "Opinions on Rural Land Expropriation, the Market Entry of Collective Commercial Construction Land, and the Pilot Work on Homestead System Reform", which clearly stated in the document Farmers who have settled in cities can choose to voluntarily withdraw from the collective economic organization with payment or transfer their homestead land, but this policy has only been gradually implemented in the past two years.

The 2018 land management revision draft stipulates that farmers who have settled in cities are encouraged to voluntarily withdraw from their homestead sites with compensation in accordance with the law. In summary, it can be understood that the paid withdrawal of homesteads is applicable to farmers who have settled in cities. It is understood that the homesteads after withdrawal will be collectively owned by collective economic organizations. my country's homestead policy has always been that farmers only have the right to use the homesteads. The right of possession and ownership belong to the village collective economic organization.