Legal provisions on building houses on homesteads

According to Article 43 of the Land Management Law, any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law. It is illegal for urban residents to buy or lease farmers' homesteads in rural areas. Once a property right dispute occurs, it is naturally not protected by law.

As an inseparable part of a house, homestead refers to the part of land specially used for building houses (houses). That is to say, homestead refers to built houses, built houses or land decided to be used for building houses, including three types: built houses, built houses without roofs, uninhabitable land and land planned for building houses.

The latest policy of homestead:

(1) Insist on stabilizing the land in contract relationship.

Carrying out the registration and certification of land contractual management right is a further improvement of the existing land contract relationship. It is not a reinvention, but a destruction and re-division. It is impossible to take the opportunity to adjust or illegally recover farmers' contracted land. According to the second round of land contract, ledger, voucher and contract relationship are established according to law to confirm the ownership of contracted land. In accordance with laws, regulations and policies, we should conscientiously grasp and properly handle problems left over from history. For some difficult problems, under the premise of not violating the spirit of laws and policies, we should properly handle them through democratic consultation. If the ownership dispute is not resolved, the land contractual management right shall not be registered and issued.

(2) Adhere to the principle of accurate confirmation.

Strictly grasp the scope of confirming the right and confirming the wrong land, and adhere to agricultural land. For rural land that has been contracted to households, it is necessary to confirm the right to households. If unified management is implemented by means of "land exchange and merger" or "land share cooperation", the contracting right shall be confirmed to the contracted farmers who are members of the original collective economic organization. If the land management right is not transferred, the contracting right and the management right shall be registered as the same subject; If it has been transferred, it shall register the land management right with the inflow party in accordance with the term of the transfer contract. To effectively protect farmers' rights and interests in land contracting and operating income, we can neither force farmers to confirm their shares by administrative means against their wishes, nor simply force farmers who are unwilling to confirm their shares in the name of the minority obeying the majority.

(3) Adhere to the peasants as the main body.

The active participation and cooperation of farmers is the key to the registration and certification of land contractual management rights. The registration and certification scheme for the right to contracted management of village collective land should be fully discussed and agreed among collective members, so as to effectively let farmers make their own decisions. Give full play to the active role of old party member and veteran cadres in familiarizing themselves with the situation and mediating disputes. The contracted land area, four areas and other forms must be signed and approved by farmers; For farmers who go out, we should take various ways to inform them in time to fully protect their right to know, choose and make decisions.

(4) Adhere to quality progress.

Registration and certification of land contractual management right is a long-term plan, which must be done in detail to ensure quality. It is strictly forbidden to "accidentally audit the accounts, and the top number is not confirmed". It is necessary to adjust measures to local conditions, make overall arrangements for resources, and scientifically grasp the progress; Do a good job in the pilot, step by step, and actively and steadily advance. Don't March in a hurry, don't 100% insist. It is necessary to grasp the key links and implement the whole process quality control.

legal ground

People's Republic of China (PRC) Civil Code

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.

Article 363 The acquisition, exercise and transfer of the right to use the homestead shall be carried out in accordance with the Land Administration Law and relevant state regulations.