Answers to the legal policies of rural homesteads

Many people do not know much about the legal policies of rural homesteads. The following provides answers to the legal policies of rural homesteads in 2017. Welcome to read!

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1. What is rural homestead?

Rural homestead refers to the part of rural land specifically used for building houses, including land that has been built with residential buildings, land that has been built with residential buildings but has no roof and is uninhabitable, and residential planning land. .

2. What is the right to use rural homestead land?

The ownership of rural homesteads belongs to farmers’ collectives, and villagers only have the right to use the homesteads, but not ownership. The right to use rural homesteads refers to the right of villagers to build residences and ancillary facilities on the homesteads owned by collective economic organizations obtained in accordance with the law, and to occupy, use and dispose of the homesteads with restrictions.

3. How do villagers apply for homestead land?

If villagers need to use homestead land to build houses, they must apply to the collective economic organization and publish it in the collective economic organization or villagers' group. If there is no objection after the expiration of the announcement period, it will be reported to the township (town) for review and then to the county (city) for approval. For homestead sites approved in accordance with the law, rural collective economic organizations or villagers' groups should promptly publish the approval results.

4. What are the characteristics of rural homesteads?

First, collective ownership. Our country's "Constitution" stipulates: "Land in cities belongs to the state. Land in rural areas and urban suburbs, except for state ownership as stipulated by law, is collectively owned; homesteads, private land, and private hills are also collectively owned." < /p>

Second, use subject specificity. That is, only members of the collective economic organization have the right to use a specific homestead. Villagers can only apply for homesteads to the collective economic organization. After villagers apply to obtain homesteads, they can only use them to build their own residences and cannot transfer them.

Third, one house per household. According to Article 62, Paragraph 1, of my country’s Land Management Law, “A rural villager household can only own one homestead, and the area of ??its homestead shall not exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government.” Literally speaking, this regulation is very clear. If a farmer owns more than two homesteads, it is certainly illegal.

5. What should you pay attention to when building a residence on a homestead?

When villagers build residences, they should comply with the overall land use plan of the township (town), and try to use the original homestead and vacant land in the village.

Villagers’ residential land shall be reviewed by the township (town) people’s government and approved by the county-level people’s government; among them, if it involves the occupation of agricultural land, the approval procedures shall be completed in accordance with the law.

6. What rights do villagers have over their homesteads?

According to Article 152 of my country’s Property Rights Law, “The holder of the right to use a homestead has the right to occupy and use collectively owned land in accordance with the law, and has the right to use the land to build residences and ancillary facilities in accordance with the law.” Villagers mainly enjoy the right to use their homesteads on the basis of possession, that is, the right to use homesteads.

The right to use homestead land mainly has the following characteristics:

First, the subjects of the right to use homestead land can only be members of rural collective economic organizations. Urban residents are not allowed to purchase homestead land unless they transfer their household registration to the rural collective economic organization in accordance with the law.

Second, the use of homestead land use rights is limited to villagers building personal residences. Personal residences include houses and ancillary facilities related to villagers' living life, such as kitchens, courtyard walls, etc.

Thirdly, the right to use homestead land is subject to a strict “one household, one house” system. According to the provisions of my country's "Land Management Law", each villager household can only own one homestead, and its area must not exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government. When villagers build residences, they should comply with the overall land use plan of the township (town), and try to use the original homestead and vacant land in the village. Residential land for villagers shall be reviewed by the township (town) people's government and approved by the county-level people's government. However, if it involves the occupation of agricultural land, the approval procedures shall be handled in accordance with the relevant provisions of the Land Management Law. If villagers apply for homestead after selling or renting their houses, they will not be approved.

Fourth, homestead is welfare, that is, the initial acquisition of homestead is free.

7. Who can apply to use the homestead in the village?

Article 62 of the "Land Management Law" stipulates: "A rural villager can only own one homestead." According to this article, it can be seen that those who apply for the use of rural homesteads can usually only be villagers in the village. Villagers of this village refer specifically to members of this collective economic organization. If you are not a member of a rural collective economic organization or an urban resident, you are generally not allowed to use or apply for homestead land.

8. How to determine the right to use homestead land?

There are two main ways to determine the right to use homestead land: one is judicial determination, and the other is administrative determination.

Judicial determination refers to the determination of the ownership of the homestead use rights through judicial procedures in the form of judgments, rulings, etc.

Administrative determination refers to the determination made by the land registration management department.

According to my country’s current laws and relevant policies, villagers’ homestead use rights should be handled according to the following conditions:

First, homesteads that have not been adjusted through unified planning should be treated as rural land. The scope of land registration at the time of reform is determined.

Second, for residential sites that have been individually adjusted through unified planning or legal procedures, the scope of use confirmed after planning and adjustment shall prevail.

When there is a dispute between the parties over the use of homestead land, if the collective land use certificate clearly indicates the four toes, but the length and width area are inconsistent with the four toes, unless the four toes sign is moved, the four toes sign shall be used as the sign. allow. If one party's collective land use certificate is consistent with the actual area of ??the land but the other party is inconsistent or does not have a collective land use certificate, the land certificate of the party whose collective land use certificate is consistent with the actual area shall prevail.

For villagers who meet the local government’s conditions for house building but have not yet been divided into households, if their existing homestead land does not exceed the total standard area of ??land for house building, the use of the homestead can be determined based on the existing area. right.

9. How many homesteads can a villager own?

Article 62 of the "Land Management Law" stipulates: "A rural villager can only own one homestead, and the area of ??the homestead must not exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government." "Ministry of Land and Resources" The Notice on Further Accelerating the Registration and Issuance of Homestead Use Rights (Guuzifa [2008] No. 146) stipulates that the legal requirement that a rural villager can only own one homestead per household is strictly implemented. Except for inheritance, any application by a single household of rural villagers to register a second homestead use right will not be accepted. These regulations establish the principle of “one household, one house”.

"A rural household can only own one homestead" means that the land management department will not approve a household's application for a second homestead. It does not mean that a rural household can only own one homestead. Get a homestead use certificate, because villagers can have restricted homestead use rights in cases such as inheritance. In this case, the villagers can only enjoy limited rights based on the second homestead use certificate. Until the inherited house collapses and is damaged, the right to use the homestead is also lost.

"One household" refers to judging based on household registration. According to my country's household registration management regulations, if a household is registered as a family in the household registration book, then the household registered in the Guangkou Office belongs to one household, and the household can only apply for one homestead. The division of households in rural areas according to customs is not a division of households in the legal sense. If a household is not divided, it is still one household and can only own one homestead.

"A homestead" means that one villager household owns a complete homestead, rather than multiple pieces of land distributed in different places of the collective. If there are multiple pieces of land distributed in different places, it becomes multiple homesteads, which is obviously not allowed by law.

10. What is the procedure for applying for a rural homestead use certificate?

The procedure for applying for a rural homestead use certificate is:

Review the certificate→Situation investigation→Measure the size→Fill in the report→Submit for approval→Issue the certificate

11. What are the basic conditions for changing the rural homestead use certificate? The basic conditions for changing the rural homestead certificate are: 1. The applicant’s household registration must be in the village. Second, the applicant’s household registration must be an agricultural household registration. Second, the applicant and his family members must not have a homestead use permit.

12. What basic materials should be submitted to apply for a rural homestead use certificate?

The basic information required to apply for a rural homestead use certificate is:

First, the original and copy of the household registration book, and a copy of the ID card (A4 paper).

Second, the certificate from the local police station.

Third, one application form and one power of attorney.

Fourth, homestead land use right registration form.

13. Under what circumstances is the right to use the homestead lost?

The loss of the right to use the homestead refers to the situation in which the right to use the homestead is extinguished when there is a loss of the right to use the homestead stipulated in laws and regulations. In summary, there are the following situations:

First, the right to use the homestead is lost due to the loss of the homestead.

Second, loss due to giving up.

Third, it is lost due to transfer.

Fourth, loss due to revocation.

Fifth, it was lost due to the resumption of homestead land by rural collective economic organizations.

14. If the original residence inherited is demolished and a new house is built, can the village committee take back the homestead?

Our country's "Constitution" stipulates: "Urban land belongs to the state; rural and urban suburban land, except for the state owned by law, belongs to collective ownership." Therefore, the ownership of homestead is Belonging to the collective. my country's Land Management Law clearly stipulates land ownership, use rights and rural individual construction land. Villagers only have the right to use their homesteads, not ownership. Inheritance stipulated in my country's "Inheritance Law" is the inheritance of citizens' legal property. The ownership of the homestead belongs to the collective, and the subject of its ownership is not the villager.

Our country's "Inheritance Law" stipulates that the legal personal property left by a citizen when he dies can be inherited, but the homestead is not personal property. The house left by the citizen when he dies can be inherited, but the homestead cannot be inherited. According to the principle of "inseparable property and land", after inheriting a house, the right to use the homestead will be legally transferred to the heir along with the property rights of the house. At this time, necessary registration should be carried out. When the house is destroyed, the object on which the right to use the homestead is based disappears, and the heirs no longer have the right to use the homestead. At that time, the village committee can take back the homestead site.

15. Do I need to pay money to obtain homestead land?

At present, my country’s rural homestead use rights are subject to a free acquisition system, that is, villagers can apply for homesteads free of charge.

16. Can the homestead use rights be mortgaged?

The ownership of the homestead belongs to the rural collective, and the villagers only enjoy the right to use the homestead. Homestead land is a major issue related to the most basic life of farmers and the stability of rural society. If farmers are allowed to mortgage their homesteads, then once the debtor cannot repay the debt, the mortgagee will realize the mortgage rights, and many problems will arise. Firstly, the subject of the right to use the homestead will change, and the new subject may not comply with the provisions of the law; secondly, if the mortgagor loses the homestead, he will also lose his basic living security, which is not conducive to social stability and the maintenance of mortgage rights. basic human life. Therefore, both my country’s Property Rights Law and Security Law clearly prohibit the use of homestead land use rights for mortgage.

17. After villagers sell their houses in the village, can they still apply for homestead land?

Article 62 of my country's "Land Management Law" clearly stipulates: "If rural villagers sell or rent their houses and then apply for homestead sites, they will not be approved." In addition, the Ministry of Land and Resources' "Regulations on Strengthening Rural Homestead Sites" The Opinions on Management also clearly stipulates: "Rural villagers who have sold, rented or donated their original houses to others before applying for homestead land shall not be approved."

18. If a house is damaged by a mudslide, can it be re-approved? Apply for homestead?

In our country, each villager can only own one homestead. This is out of the need to protect farmers’ residential needs and prevent land waste. If the homestead is destroyed due to natural disasters or other reasons, then the object to which the homestead use right depends will disappear immediately, the homestead use right will be extinguished, and the villagers' homestead use right will be lost. Taking into account the need to protect rural residences, villagers who have lost their homesteads should be redistributed their homesteads. If the homestead is not destroyed but the houses on the homestead are destroyed, the homestead still exists and the right to use the homestead still exists and has not been lost. At this time, villagers can regain the right to use the homestead by rebuilding their houses.

However, just because a homestead is damaged due to a natural disaster does not mean that villagers must have the right to apply for another homestead. In real life, villagers may own more than two residences through inheritance. In this case, even if one homestead is damaged due to natural disasters, no more homesteads can be allocated to the villager.

19. Can a processing workshop be built on an approved homestead site?

Rural homesteads are of welfare nature and are used by villagers free of charge. The homestead is the property of the village collective and is closely related to the basic life of the villagers. It is of great significance to the villagers. The purpose of establishing a homestead is to ensure that villagers have a place to live and work, and its purpose is to build residences. If the purpose of the homestead is changed, its nature and significance will also change. According to Article 65 of my country's "Land Management Law", "In any of the following circumstances, rural collective economic organizations may take back the land use rights with the approval of the people's government that originally approved the land use: ... The land is not used in accordance with the approved purposes. "So, if the villagers do not use the homestead according to the purpose of the homestead, the homestead can be taken back.

However, the recovery of homestead land is not done at will, and the village committee has no right to recover the homestead land at will. The recovery of homestead land requires a series of strict procedures. The village committee should report it to the people's government that originally approved the land use. Only with the consent of the people's government can the homestead land be recovered.

20. Can villagers’ homesteads be expropriated?

When it comes to land expropriation, the following points need to be clarified:

First, the subject of land expropriation must be the state. Specifically, the state authorizes the people's government at or above the county level to exercise the power of land expropriation. , Land expropriation itself is an administrative act of the government and has obvious administrative coercion.

Second, the purpose and premise of land expropriation is to meet the needs of the national public interest, and land compensation is a necessary condition; the subject of expropriation can only be land owned by rural collectives.

Third, for the benefit of the public, the state can expropriate homestead land, which is mandatory and does not depend on the will of the person being expropriated. However, both parties can negotiate on compensation issues for the expropriation. Article 47 of the Land Management Law stipulates that when land is expropriated, compensation shall be provided according to the original use of the expropriated land, and farmers must maintain their original living standards.

21. Can the village take back the villagers’ homesteads on the grounds of paying off debts?

According to Article 62 of my country's "Land Management Law" and the relevant provisions of the "Organic Law of Villagers' Committees", villagers' applications for residential land must be submitted to the township people's government for review and then approved by the county-level people's government. Acquisition of rural homestead land requires a series of procedures. Once acquired, the validity of the acquisition must be maintained. Homestead land cannot be recovered without legal reasons. Even if the acquisition of the homestead does not comply with relevant regulations, the villagers should be ordered to complete the relevant procedures. Generally, it is not appropriate to take it back at will; even if the homestead is legally taken back, the village committee cannot take it back without authorization. It must go through a series of application procedures and be approved by the relevant authorities. It can be implemented only with departmental approval.

The money owed by the villagers to the village is a different legal relationship from the villagers’ acquisition of homestead land, which should be handled separately. The village committee cannot take back the homestead land without authorization.

22. Can villagers sell, rent or give away the houses built on their homestead sites to others?

Villagers can sell, rent or give away the houses built on the homestead to others, but after selling, renting or giving it to others, they can no longer apply for homestead; if the application is made, it will not be approved.

If the registered homestead use right is transferred, the change registration should be carried out in a timely manner

23. How to determine the homestead use plan?

The villagers’ homesteads are jointly used by all villagers in the village and involve the same interests of the whole village. Only through reasonable allocation and planning and collective consultation of the whole village can the land be used. It can make full and reasonable use of the whole village's homestead. Article 24 of my country's "Village Committee Organic Law" stipulates: "The following matters involving the interests of villagers can only be handled after discussion and decision by the villagers' meeting:...the use plan of the homestead." Therefore, the village's homestead use plan should be determined by the villagers. It can only be implemented after discussion at the meeting. Article 22 of the "Village Committee Organization Law" stipulates: "A villagers' meeting should be held with the participation of more than half of the villagers in the village who are over 18 years old, or representatives of more than two-thirds of the households in the village. Decisions made by the villagers' meeting must be approved by the people present at the meeting. If the law has other provisions on convening villagers’ meetings and making decisions, the villagers’ meeting shall be held in accordance with the provisions. Representatives of enterprises, institutions and mass organizations in the village may be invited to attend as necessary. ”

< p> Therefore, the homestead use plan should be approved by the villagers’ plenary meeting.

24. The children are urban residents. Can the village committee forcibly take back the homestead after the old man dies?

According to Article 10 of my country’s Constitution and Article 8 of the Land Management Law, homestead land is not privately owned, but is owned by rural collectives. Villagers can apply to use the homestead to build houses if they meet the legal conditions. At this time, all the villagers have is the right to use the homestead, and the ownership of the homestead still belongs to the village collective. The right to use homestead land has certain special characteristics. Although the village committee exercises land ownership on behalf of the villagers, it does not mean that the village committee can take back the homestead occupied and used by others at any time without restriction. When villagers obtain homestead land and build houses on it, they are their legal property, are protected by law, and can be inherited. Since the house is attached to the homestead, the principle of unity of house and land should be followed at this time. If the farmer obtains the house through inheritance, he has obtained the right to use the homestead. At this time, a contradiction seems to have arisen: the ownership of the homestead belongs to the village collective, but the heir to the homestead is not a member of the village collective. In fact, the acquisition of inheritance rights is actually a transfer of the decedent's rights, which exactly reflects the right to use the homestead enjoyed by the decedent as a villager in the village. From another perspective, obtaining the right to use homestead land through inheritance is a special way to obtain the right to use homestead land and is not illegal.

The house inherited by the children is legal property, and legal property cannot be infringed. Only when the house is lost, the village committee has the right to take back the homestead.

25. Can the homestead be inherited?

Article 10, Paragraph 2, of my country’s Constitution stipulates: “Land in rural areas and urban suburbs, except for state ownership as stipulated by law, is collectively owned; homesteads, private land, and private hills, It is also collectively owned. "Article 8, paragraph 2, of the Land Management Law also makes the same provision in accordance with the spirit of the Constitution. According to this, individual villagers do not enjoy the ownership of the homestead, but only the right to use it. According to Article 3 of the "Inheritance Law", inheritance is the legal personal property left by a citizen when he dies, including: the citizen's income; the citizen's house, savings and daily necessities; the citizen's woods, livestock and poultry; the citizen's cultural relics and books Materials; means of production that are owned by citizens as permitted by law, property rights in citizens’ copyrights and patent rights; and other legal property of citizens. Since individual villagers only have the right to use the homestead and do not enjoy ownership, the homestead is not considered "personal legal property" and cannot be inherited according to law. In addition, the right to use the homestead has strong personal dependence.

Under normal circumstances, the person who obtains the right to use the homestead must have membership in a rural collective economic organization, and it will be lost with the loss of membership in the collective economic organization and will not be transferred between different individual farmers. , that is, it cannot be inherited, and the right to use rural homestead land is mainly to protect the living needs of each farmer and has a social security function. If inheritance is allowed, the homestead will expand indefinitely, violating the Land Management Law, which stipulates that each rural villager can only own one homestead.

26. How to deal with villagers illegally occupying land to build houses?

If a villager illegally occupies land to build a residence without approval or uses deceptive means to obtain approval, the land administration department of the people's government at or above the county level shall order the return of the illegally occupied land and dismantle the illegally occupied land within a time limit. Newly built houses. Exceeding the standards stipulated by the province, self-manufactured areas, and municipalities directly under the Central Government, and occupying excessive land will be punished as illegal land occupation.

For residential land that exceeds the local area standard, after being disposed of in accordance with the law, it shall be treated in accordance with the "Notice of the Ministry of Land and Resources on Further Accelerating the Registration and Issuance of Homestead Use Rights" (Guoshang Zifa [2008] 146 No.) requirements, registration can be based on the actual use area. If a household illegally occupies two homestead sites, one site should be recovered after verification.

27. What should I do if my homestead is lost due to natural disasters or other reasons?

If the homestead is lost due to natural disasters or other reasons, the right to use the homestead will be lost. Villagers who have lost their homestead land should be redistributed. If the registered right to use homestead land is lost, the registration must be canceled in a timely manner.

Attached case:

1. If a villager sells his house to someone else, who owns the homestead?

In 1988, villager Liu sold three private houses in the village to Chen, a villager in the same village, and Chen paid the purchase price in accordance with the agreement. The agreement only stipulated the sale of the house, but did not mention the issue of the right to use the homestead. The name on the home ownership certificate did not change, and it was still Liu. Due to issues left over from history, after Liu sold one house, he still had another homestead to build a house on. In 2009, Chen demolished the original old house and prepared to rebuild it. Liu came over after hearing the news, and wanted to take away the right to use the homestead from the same person on the grounds that the agreement was only about buying and selling a house, not the right to use the homestead. He planned to build a house on the homestead, and there was a conflict between the two families. After the mediation failed, Chen sued Liu to the court and asked the court to confirm that Chen had the right to use the homestead.

Case analysis:

This case involves the issue of ownership of the homestead use rights after the villagers bought and sold their houses.

Liu’s behavior of claiming the right to use the homestead from Chen with the original homestead certificate is a violation of the relevant provisions of the Land Management Law and should be stopped in accordance with the law. my country’s Land Management Law clearly states It is stipulated that each rural villager can only own one homestead. The use of the original homestead, vacant land in the village and other land to build residences must be approved by the county government. In this case, the sales contract signed by both parties in 1988 was legal and valid. Liu should have cooperated with Chen to go through the relevant change procedures after signing the sales contract, but he did not go through it. Chen can apply to go through it.

For the homesteads used by rural villagers in my country, the principle of uniformity of houses and land is followed. When villagers buy and sell houses, they objectively transfer the right to use the homestead. At this time, the right to use the homestead is also transferred accordingly. This kind of transfer is legal and does not mean that the parties will not transfer it if they say they will not. As far as the above case is concerned, Liu already owns a homestead, so he can no longer own a homestead. Although he has not gone through the procedures for changing the homestead use right certificate, it cannot be ruled that Liu has the right to use the homestead. Chen You can protect your legitimate rights and interests by requesting Liu to change relevant procedures.

2. What should I do if the area of ??villagers’ residences exceeds the provincial standard?

Villager Lao Zhang applied for a homestead in the village in 2006 and built a courtyard on the homestead. However, the area of ??the courtyard far exceeded the area of ??the homestead. In 2009, village and township staff discovered this situation during a survey and asked Lao Zhang to demolish the excess buildings, otherwise he would not be granted a collective land use certificate. However, demolishing the part would affect the overall structure and destroy the use of the house. Lao Zhang disagreed, but he didn't know what to do. After consulting a lawyer, Lao Zhang successfully applied for a rural land use certificate in accordance with relevant regulations.

Case analysis:

This case is about how to deal with the area of ??a residence that exceeds the prescribed standard.

The 2008 "Notice of the Ministry of Land and Resources on Further Accelerating the Registration and Issuance of Homestead Use Rights" (Guoguozifa [2008] No. 146) requires that homestead area standards be strictly implemented. The area of ??the homestead shall not exceed the standards stipulated by the province (autonomous region, city). If the homestead exceeds the area, it shall be handled according to the following conditions when registering:

(1) The 1982 "Management of Land for Housing Construction in Villages and Towns" Before the implementation of the Regulations, if the land area occupied by rural villagers for building houses has not been expanded since the implementation of the Regulations on the Management of Land for House Construction in Villages and Towns, the land area can be registered according to the existing actual use area.

(2) From the implementation of the "Regulations on the Management of Land for Housing Construction in Villages and Towns" in 1982 to the implementation of the "Land Management Law" in 1987, the homestead land occupied by rural villagers for building houses exceeded the area standards prescribed by the local area. , after the excess part is dealt with according to relevant national and local regulations at that time, it can be registered according to the actual use area.

(3) After the implementation of the "Land Management Law" in 1987, if the homestead occupied by rural villagers for building houses exceeds the area standard prescribed by the local area, the registration shall be based on the actual approved area. If the area exceeds the standards stipulated by various localities, the area exceeding the standard must be noted in the land registration book and the note column of the land rights certificate. The area that exceeds the standard will be used to build houses in the future or the existing houses will be demolished, remodeled or renovated. When the government implements the plan for reconstruction in accordance with the law, , handle it in accordance with relevant regulations, and re-register in accordance with the area standards stipulated by various localities.

In the above case, since Lao Zhang’s house was built after 1987, the correct approach is to register it first, indicate it in the remarks column, and then gradually rebuild it in the future. Reduced rather than outright demolished.

Extended reading:

The confirmation of rural homestead rights is intended to provide a layer of protection for the interests of farmers. However, in actual operation, due to factors such as changes in household registration and reduction of family members, The interference will cause some people to lose their original house ownership when the homestead rights are confirmed.

Interpretation of the 2017 new rural homestead rights confirmation policy. Farmers will lose their house ownership in the following eight situations.

1. Farmers build houses on farmland without the permission of the Urban Construction and Planning Bureau, which 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.

3. The 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.

6. The 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.

8. When persons other than the village collective (such as urban residents) purchase homestead land or houses in the village, the contract shall be invalid when the rights are confirmed.

What should be particularly noted here is that my country prohibits the transfer of homestead use rights, although rural villagers have ownership of the houses on the homestead and can freely dispose of them.

However, because the right to use homestead land is a social welfare right, urban residents are not allowed to enjoy it.

If a villager transfers his or her house to a non-member of the collective economic organization or an urban resident, the court will generally determine that the sale is invalid when deciding on a dispute involving the purchase of a farmer's homestead house by an urban resident.

Application conditions:

1. Household division is really needed due to reasons such as the marriage of the daughter, and there is a lack of homestead land;

2. Migrants settle down and become members of the collective Members of economic organizations who do not have homesteads;

3. Those who need to relocate due to the occurrence or prevention of natural disasters, implementation of village and market town planning, and construction of township (town) public facilities and public welfare undertakings .

Rural villagers who have any of the following circumstances will not be approved to use homestead land:

1. Those who are under the age of 18;

2. The original The area of ??the homestead land has reached the prescribed standards or can meet the needs of household division;

3. Selling or leasing the housing in the village.

Since there are some differences in the regulations of various provinces, the specifics can only be determined after consultation with the local land department. The general procedures and steps are as described above. If you have other questions, please ask additional questions.

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