Can rural homestead be used to build houses?

Rural homestead can be built after approval, and the right holder of the base has the right to occupy and use collectively owned land according to law, and has the right to use the land to build houses and their ancillary facilities according to law, but the right holder should build houses in strict accordance with the approved area.

The acquisition, exercise and transfer of the right to use the homestead shall be carried out in accordance with the land management law and relevant state regulations.

Provisions are as follows:

First of all, it needs to meet the requirements of "one household, one house" and area. Article 62 of the Land Management Law stipulates: "A rural villager can only own one homestead, and its homestead area shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government."

Two, only members of rural collective economic organizations (or villagers' groups) are eligible to apply for homestead building. Members must also meet the application conditions (including the above-mentioned "one household, one house" regulation) before applying for homestead.

Three, the application of the homestead is strictly prohibited to occupy permanent basic farmland, try not to occupy cultivated land. The specific location of the homestead can be determined according to the village planning formulated by local natural resources and planning departments, township governments and village committees.

Four, apply for homestead, and build houses in accordance with relevant local regulations. For example, building area regulations, housing appearance regulations and so on.

Please consult the local township (town) people's government for specific provisions on membership, application conditions, homestead area, homestead location, construction area and housing appearance.

Legal basis:

Article 362 of the Civil Code

The owner of the right to use the homestead enjoys the right to possess 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 management law and relevant state regulations.

Paragraph 1, Paragraph 2 and Paragraph 4 of Article 62 of the Land Management Law

A rural villager can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government.

In areas where per capita land is small and it is impossible to guarantee one household and one house, the people's government at the county level can take measures to ensure that rural villagers live and live in accordance with the standards set by provinces, autonomous regions and municipalities directly under the central government on the basis of fully respecting the wishes of rural villagers.

Rural residential land, approved by the township (town) people's government; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law.