I. Provisions on Recovering Rural Homestead
Provisions on the recovery of rural homestead are as follows:
1, idle or houses collapsed, the homestead that has not been restored for more than two years is demolished, and the land use right is uncertain. If the right to use has been determined, it shall be reported by the collective to the people's government at the county level for approval, and its land registration shall be cancelled, and the land shall be recovered by the collective. If you haven't built a house for two years after applying for the homestead, the collective economic organization will also take back the land use right and cancel its land registration. If you want to build a house, you need to apply for a homestead again.
2, non agricultural registered permanent residence residents (including overseas Chinese) in the rural homestead, housing property rights have not changed, you can determine the right to use construction land on collective land according to law. If the house is demolished and rebuilt without approval, the land use right shall be recovered by the collective. For example, after agricultural registered permanent residence turned to non-agricultural registered permanent residence or emigrated overseas, it did not qualify for the right to use the rural homestead, but the houses originally in rural areas were private property and still protected by law. So you can always use the house until it is naturally damaged, but you have no right to rebuild it.
3, accept the transfer, purchase of housing to obtain homestead, and the total area of the original homestead exceeds the local government standards, in accordance with the relevant provisions of the treatment to allow continued use, can temporarily determine the collective land construction land use rights. The right to use collective land construction can be determined by inheriting the homestead obtained from the house. When determining the right to use collective land for rural residents' homestead construction, if the area exceeds the standard set by the local government, the number of areas exceeding the standard may be indicated on the land registration card and land certificate. In the future, when building houses by households or existing houses are demolished, rebuilt or rebuilt, or when the government implements planning and reconstruction according to law, the right to use will be re-determined according to the area standard stipulated by the local government, and the excess will be owned by the collective.
Second, the concept and characteristics of the right to use rural homestead
Concept: The right to use the homestead refers to the exclusive right of the collective members of farmers to possess and use the land collectively owned by farmers for the purpose of building their own houses.
Features are as follows:
(1) The subject of the right to use the homestead is specific, and only members within the collective economic organization can enjoy the right to use it.
(2) The object of homestead use right is collectively owned non-agricultural land.
(3) The content of the right to use the homestead is to build and keep personal houses and courtyards according to law, and enjoy the ownership, use right and income right to the land.
(4) The right to use the homestead must be obtained through legal procedures.
Rural residents must have complete and legal procedures to obtain the right to use the homestead. Urban residents are not allowed to buy homestead unless they move their household registration into the collective economic organization according to law.
(5) The right to use the homestead has no time limit and can be inherited.
(6) The right to use the homestead is strictly "one household, one house".
Third, the rural homestead compensation standard
The compensation standards for rural homestead are as follows:
1. The specific standards and amounts of various land acquisition compensation fees shall be stipulated in the land acquisition compensation and resettlement plan approved by the municipal and county governments according to law.
2. Determination of the average annual output value in the three years before land acquisition (compensation standard of land compensation fee and resettlement subsidy): the annual statistical report of the most basic unit approved by the local statistical department and the unit price approved by the price department shall prevail.
3, according to the provisions of the payment of land compensation fees, resettlement subsidies can not make the farmers who need to be resettled to maintain their original living standards, you can increase the resettlement subsidies.
As a usufructuary right, the right to use rural homestead has the right to use, possession and income. Can make good use of the land. Provide certain legal protection for rural construction. Stimulate the enthusiasm of farmers. I hope it helps you.
Legal objectivity:
civil law
Article 362
The owner of the right to use the homestead enjoys the right to occupy and use the collectively owned land according to law, and has the right to use the land to build houses and ancillary facilities according to law.