Can your own rural homestead be rented out to outsiders to build hotels?

Rural homestead can be circulated among members of collective economic organizations.

Reason and basis:

The Property Law stipulates that the acquisition, exercise and transfer of the right to use the homestead shall be governed by the land management law and other laws and relevant state regulations.

If the registered right to use the homestead is transferred or lost as stipulated in the Property Law, the registration shall be changed or cancelled in time.

Then let's take a look at the Land Management Law, which does not clearly stipulate that the right to use the homestead shall not be transferred or mortgaged. However, it is stipulated that "rural villagers who apply for homestead after selling or renting houses shall not be approved". It can be seen from this provision that the law allows the transfer of homestead. But can the homestead be freely transferred? For the existing judicial practice, the homestead cannot be transferred to urban residents. Although the right to use the homestead can be divided into possession, use, income and disposal according to the law, the right to use the homestead is very different from the general property right. After all, it is the foundation of farmers' livelihood, and circulation should be strictly restricted. Article 30 of the Guarantee Law also stipulates that "the right to use rural homestead shall not be mortgaged". However, due to the current situation of several homesteads in rural areas, the reasons may be inheritance, separation, marriage, schooling and so on. These are all illegal situations, because according to the provisions of the land management law, a farmer can only have one homestead. If the homestead is not allowed to circulate, it will inevitably lead to the idleness and unnecessary waste of the homestead. The already scarce land resources are even more tense. The land management law stipulates that the application for homestead is not approved after the house is transferred, which actually allows the internal transfer of rural houses. According to the principle of our country, if the house is allowed to be transferred, the land use right should also be transferred.

At the same time, the provisions of article 155 of the Property Law on handling the change procedures make the transfer of the right to use the homestead more clear. However, in practice, it will be found that many local governments are not allowed to apply for change registration, resulting in many people signing up for business, but their names have not changed, but this will not affect the effectiveness of the agreement. It is suggested that the transferor clarify its effectiveness through notarization at the time of transfer, and file it in the village Committee and township government if possible. In this case, once it is dismantled or removed in the future,