First of all, there is a bit of a flaw in saying that there is a homestead in the countryside. You must know that rural homestead land is a use right obtained by rural residents who meet the conditions for building houses through application and approval in accordance with the law, and is not owned by any family. The nature of land in our country is public ownership and there is no privately owned land. Rural homesteads, even if they are left by ancestors, are now owned by rural collectives, and farmers only have the right to use them.

The term of farmers’ right to use homestead land is permanent. If a house is built, the use period of the homestead land is permanent. After the house is dilapidated, it can apply for reconstruction. If you apply for a homestead but no construction is carried out within two years, the right to use the homestead you applied for will be invalidated after two years, and the village collective can take back the right to use the homestead. Even if there is no house on the homestead left by your ancestors for more than two years, you no longer have the right to use the homestead.

According to the description of this question, the subject’s home is in rural Weifang and he currently lives in Jinan. So, if there is still a homestead in the village, it means that the household registration has not been moved out of the countryside, and the parents have applied for a homestead in the village. However, because the subject may work in Jinan, he may have purchased a building in Jinan and live in Jinan on weekdays. Because farmers can apply for rural homesteads for free as long as they meet the conditions for building houses. This is the advantage of rural household registration. Then, the homestead site you apply for must be constructed within two years. If construction continues, the village will take back the right to use the homestead site, and you may lose the opportunity to build a house in the village forever.

And if you feel that you no longer want to live in the village and do not plan to return to the countryside in the future, building a house in the countryside is a waste. You can completely transfer the homestead you applied for. Although the transfer is not a sale, no one will transfer the right to use the homestead in vain. Someone offers 30,000 yuan for transfer. You can transfer it. After all, the 30,000 yuan is for nothing. But one thing to understand is that if you transfer the right to use the homestead to another person, you will no longer be eligible to apply for homestead in the future, and your application will not be approved. Therefore, if you transfer the right to use the homestead, it will cut off your retreat from returning to rural life in the future. You must consider this clearly.

To be honest, if you don’t plan to return to the countryside, spending hundreds of thousands to build a house in the countryside is indeed a waste. The questioner also said that during the Chinese New Year or for important events, he would go back to the countryside to live in an old house. This means that his parents still have a house in the countryside and will have a place to go back home in the future. In this case, there is really no need to invest in building housing, but the right to apply for homestead land is not required. If you waste it, you can get the right to use the homestead, which can be transferred for a fee. Of course, if you don’t have a stable job in Jinan and only have a building, you should try to retain the homestead in the countryside and build a house as soon as possible to leave yourself an escape route in the future. The most important thing is that you need to understand the policy on the right to use the homestead. If you don't build a house, you may lose the right to use the homestead. Therefore, whether to build a house or transfer the homestead, you must proceed as soon as possible.

2017 New Policy on Rural Homestead Rights Confirmation ("The Ministry of Land and Resources, the Ministry of Finance, the Ministry of Housing and Urban-Rural Development, the Ministry of Agriculture, and the State Forestry Administration on Further Accelerating the Confirmation, Registration and Certification of the Use Rights of Homesteads and Collective Construction Land" The establishment of the "Notice") will provide a layer of protection for farmers' interests and ensure that chaos on homesteads is focused on rectifying. However, in actual operation, due to the influence of various factors, some people may lose their original house ownership when the homestead rights are confirmed, and some people will not be able to apply for homesteads again. Let’s take a look:

Farmers will lose their house ownership in these 8 situations

① If farmers build houses on farmland without permission from the Urban Construction and Planning Bureau, it is an illegal construction.

② The house is vacant or has been collapsed or demolished and has not been restored to use for more than two years.

③The family members formed a new family and applied for another homestead.

④ Except for inheritance and separation, a farmer has more than one homestead.

⑤ There are no registered family members when applying for homestead building.

⑥The person who has moved his household registration is no longer a member of the village.

⑦ Due to demolition or expropriation of the original residence in accordance with the law, unified resettlement or compensation has been carried out in accordance with the law.

⑧If persons other than the village collective (such as urban residents) purchase the village's homestead or house building, the contract shall be invalid when the rights are confirmed.

These 6 types of homestead land are facing recycling

① Situation of government expropriation

In some special circumstances, the government will carry out infrastructure construction, such as road construction , the situation of building repairs. After such homestead land is expropriated by the government, it will naturally be recovered, but the government will also provide corresponding compensation.

② The situation of random construction of homesteads and multiple houses in one household

The building scope of the homestead is within the scope of the village collective, and the construction scope of the homestead is not within the prescribed scope. It is considered illegal, and such arbitrary residential land will be reclaimed. According to the principle of land rights confirmation, one household can have one homestead. Although there are multiple homesteads, only one of them will be confirmed.

③The situation of the homestead left by the five-guarantee households in the village

Since the five-guarantee household in the village has no children to inherit the homestead, his homestead will be reclaimed by the village collective.

④The situation of abandoned homesteads

Due to the continuous advancement of urbanization, more and more rural people are moving to cities to work, resulting in the abandonment of rural land. In order to properly recycle resources, the government will reclaim this part of the land and compensate the homeowners accordingly.

⑤The situation when residents with urban registered permanent residence inherit rural homestead land

As we all know, rural homestead land cannot be inherited by residents with urban registered permanent residence. Although the house on the rural homestead can be inherited, the land cannot. After the house is destroyed, the village collective will reclaim the homestead.

⑥The situation of homestead land purchased illegally by urban residents

Under the current rural land system, homestead land cannot be traded to non-rural residents. Therefore, the homesteads purchased by urban residents will face recycling.

These four types of people will not be able to apply for homestead land again

1. Those who used to have a rural household registration, but later converted their household registration to an urban household registration, although these people still live in the countryside, However, it is not possible to apply for a homestead in the village.

2. Although you have a rural household registration, you are not a member of the village collective after you marry outside. Such people cannot apply for a homestead in the original village. After marrying out to another village collective, they can only apply for a homestead in the village collective to which they belong.

3. Rural residents sublet or sold their original land, and finally lost their land ownership due to various reasons. If they apply for homestead land again, they will not be able to get it approved.

4. Rural homestead land must be determined according to the principle of one household, one home. If a farmer with multiple houses wants to apply for homestead land again, the application will not be approved.

Rural homestead rights confirmation, registration and issuance process

1. Declaration

All land use rights holders with homestead land must receive a certificate issued by the land department. The "Rural Homestead Use Rights Declaration and Registration Form" is based on household units, and one form should be filled out for each homestead.

The homestead used by villagers must submit a certificate of land ownership source issued by the economic society, the secondary economic organization of the village committee and the town government. The investigation team will then be responsible for collecting application materials and submitting them to the land management department for review of ownership.

2. Ownership investigation

Based on the application of the land use right holder, the land and resources department conducts on-site investigation of the range, boundaries, boundaries, property rights, uses, etc. of the homestead, Record and confirm by adjacent parties, fill in the homestead cadastral survey form, draw a parcel sketch, and prepare for cadastral survey.

During the homestead survey process, the users of this parcel of land and the users of adjacent land should arrive at the site within the time specified in the notice to identify the boundaries, and confirm the land boundaries and boundaries agreed upon by both parties. Sign and seal at the address. If you are unable to participate in the demarcation, you should entrust an agent in writing to come forward to demarcate.

3. Review and announcement

After review by the land administration department, the land parcel deemed to meet the registration requirements will be announced. The announcement content mainly includes the name, address, and permission of the land user. The nature, area, location, and scope of the registered land rights, etc.

4. Approval

After the announcement period expires, if the land rights holder and other land rights holders do not raise objections to the land registration review results, they will be listed on the rural homestead use rights registration and approval form. The opinions agreeing to the registration and issuance of certificates shall be signed by the leaders of the municipal (county) people's government and stamped with the special seal of the municipal (county) people's government for land registration.

5. Registration

According to the results of the rural homestead registration and approval form, fill in the land (homestead) registration card, land (homestead) registration card and land (homestead) item by parcel (homestead) unit. Base) household registration card and land certificate, and the registration personnel and the leaders of the land administration department shall sign on the two cards respectively.

Four major rumors about rural homesteads! Don't believe it!

1. The right to inherit a homestead will not be confirmed

False. Article 6 of the "Several Opinions on Confirmation, Registration and Issuance of Rural Collective Land Rights" jointly issued by the Ministry of Land and Resources, the Office of the Central Rural Work Leading Group, the Ministry of Finance and the Ministry of Agriculture in 2011 clearly stipulates that farmers who already own a homestead Collective members and rural or urban residents who are not members of the farmers' collective and occupy rural homestead land due to inheritance of houses can register and issue certificates in accordance with regulations. In the notes column of the "Collective Land Use Certificate", it should be noted that "the obligee is the original owner of the farmers' collective". the legal heirs of the member’s residence”.

2. Married women cannot inherit homestead houses

Rumor. Inheritance rights have nothing to do with marriage or household registration transfer, and are legal rights. Article 9 of the Succession Law stipulates that men and women have equal inheritance rights. If the deceased did not make a will during his lifetime, the inheritance will be carried out according to the order of inheritance stipulated by the law. The first-order heirs include spouse, children, and parents.

The children mentioned in the "Succession Law" include legitimate children, illegitimate children, adopted children and dependent stepchildren.

3. Rural homesteads can be bought and sold at will

Rumors. Homestead land is collectively owned. Although individuals can transfer it, the conditions are quite strict. The right to use homestead land cannot be transferred individually, and the transfer shall be deemed invalid if one of the following circumstances occurs:

(1) Purchased by urban residents;

(2) Purchased by legal persons or other organizations; < /p>

(3) The transferor has not approved the collective organization;

(4) Transfer to a person other than a member of the collective organization;

(5) The transferee has If you have a house, you are not eligible for homestead allocation.

Therefore, it is a rumor that homesteads can be bought and sold at will. Don't buy it easily, because it is difficult to confirm the right, and if you buy it, you will buy it in vain.

4. Homesteads are not allowed to be flipped over.

Misunderstanding. It’s not that the homestead cannot be opened, but it cannot be opened privately at will. There is a formal process for flipping a homestead. You need to apply in advance and ensure that you fully comply with the homestead construction standards after flipping the house. You can only renovate after the village approves it.

If it is renovated privately, the new house will not be certified when the time comes, and sometimes the application is not easy to be approved, so it is mistakenly thought that it cannot be flipped.

Do our fellow Weifang fellows understand?