What are the provisions of the Civil Code on the right to use rural homestead?

1. Homestead owners have the right to occupy and use collectively owned land according to law, and have the right to use the land to build houses and ancillary facilities according to law.

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

3. If the homestead is lost due to natural disasters, the right to use the homestead will be lost. The villagers who lost their homestead were redistributed according to law.

4. If the registered right to use the homestead is transferred or lost, the registration shall be changed or cancelled in time.

After selling, renting or donating houses, rural villagers will not be approved if they apply for homestead again. However, the state allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads with compensation according to law, and encourages rural collective economic organizations and their members to actively use idle homesteads and idle houses.

According to relevant regulations, the homestead belongs to rural collective land, and a villager can only own one homestead. 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.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 363

Laws applicable to the acquisition, exercise and transfer of the right to use the homestead The acquisition, exercise and transfer of the right to use the homestead shall be governed by land management laws and relevant state regulations.

Article 365

Change and cancellation of registration of the right to use the homestead If the registered right to use the homestead is transferred or destroyed, the change or cancellation of registration shall be handled in time.