Is it illegal to build a house on your own homestead?

Homestead land generally includes homestead land where a house has been built and land where one has not yet built a house and wants to use it to build a house. On a homestead site where an old house has already been built, building a house usually involves demolishing the old house and building a new house on the foundation of the old house. Land that has not yet been built with a house is usually a new homestead or an idle homestead after an old house collapsed.

In the past, the state did not strictly manage the use rights of rural homesteads, and there were no specific legal provisions for control. In the past, farmers could build houses on their own land as they wanted, and no one cared about how many houses they built. Very freeing. Things are different now. The newly revised Land Management Law has made a series of provisions on the right to use rural homestead land. Building a house illegally means building illegally.

In the past, when you built a house on your own homestead, you didn’t need to apply to anyone. You could build it however you wanted. But that’s no longer possible. Even if you build a house on your own homestead, you must apply to the village committee and the Land Management Law. You must apply to the department and obtain approval for the construction procedures before you can build it legally. Houses built without application and without approval are illegal constructions. Strictly speaking, any self-built house without approval for construction procedures is illegal now.

1. The applicant is a member of the village collective economic organization.

(1) The "Land Management Law" stipulates that the ownership of homesteads belongs to the village collective, and only members of the village collective economic organization have the right to use the homesteads. People from other villages and cities cannot go to the countryside to apply for homestead land to build houses. Those who were originally members of the village's collective economic organization and now have their registered permanent residence moved out of the village collective cannot go back to the countryside to apply for homestead land to build houses. The state encourages farmers to settle down in cities. Whether farmers withdraw from their homestead use rights and land contract management rights depends entirely on their volition. If farmers voluntarily move their household registration out of the village collective, it means that farmers have voluntarily withdrawn from their homestead use rights and land contract management rights. The right to use the homestead is based on the household registration. Moving out of the household registration means that the right to use the homestead is withdrawn. Retaining the household registration means retaining the right to use the homestead. Therefore, you must understand the policy before moving the household registration.

(2) Key points. Many farmers do not fully understand the spirit of the "No. 1 Central Document" which states in detail that "farmers who settle down in cities can voluntarily choose whether to withdraw from their homestead land." The so-called voluntarily withdrawing the right to use the homestead and voluntarily retaining the right to use the homestead means that after farmers move to the city to buy a house, their household registration can be moved to the city or kept in the countryside. Moving out means you voluntarily withdraw the right to use the homestead, and retaining your household registration means retaining the right to use the homestead. The right to use the homestead, because the social welfare distribution for farmers is based on the household registration. It does not mean that your household registration has been moved. You can still retain the right to use the homestead. Your identity is no longer there, and your name is not on the village collective roster. , where did you get the right to use the homestead? Be sure to understand the policy.

2. Applicants must comply with the “one household, one house” requirement.

(1) The so-called "one house per household" means that one household can only own one homestead. A household refers to the entire population in a household registration book. For example, if a farmer owns an old house and wants to build a new one, in principle he can only demolish the old house and build a new one on the foundation of the old house. Even if farmers are approved to build a new house on a new homestead under special circumstances, the old house must be demolished. , will be approved. If a farmer has two or more homesteads, he can only demolish one of the old houses and renovate them if he wants to build a new house. The extra houses cannot be demolished and rebuilt.

(2) Key points. For farmers with multiple houses that cannot be built, expanded, or renovated, farmers can maintain the old house well without affecting their residence, or transfer it to villagers in the same village collective who do not have a homestead. If they are unwilling to transfer, the house will have no use value until it has no use value. At that time, the village collective will take back the right to use the homestead.

Hello! According to the current policies in most areas, if you have a rural household registration, it is legal to build a house on your own homestead, provided that it is applied through the village collective and approved. But if you do not have a rural household registration, you cannot build a house on the homestead. If the existing house on your homestead collapses or is in an uninhabitable condition, the homestead will be taken away by the village collective.

Of course, with the "Central Government Document No. 1" issued in 2019, the document conveys the spirit of "protecting the reasonable homestead use rights and land contract rights of rural households in cities", which means that if The subject of the question is that when rural residents settle in cities, they can still use their original homesteads and build houses on them.

There are currently no unified laws and regulations, but in some areas it can be handled on a case-by-case basis through consultation with village collectives. Therefore, it is recommended that the subject also try this approach.

The property rights of the homestead belong to the village collective organization, and its use rights are limited to villagers in the same village (that is, members of the same collective economic organization).

If the subject has a rural household registration, he or she can have the right to use the homestead site. After applying to the village committee for approval, he or she can build a house according to the approved plan. In summary, there are several points to note:

1) The land must be confirmed in your own name. If the land is not yours, then the house must not be legal. For details, you can refer to whether there is a "Collective Land Use Rights Certificate"; if not, you can also go to the village committee to inquire and issue a certificate to clarify the land area.

2) The construction process must be approved. The village collective organization will have clear restrictions on the area and height of the house. Houses must be built according to the restrictions. Houses that violate the regulations are still illegal.

If the subject has a non-agricultural household registration, he cannot have the right to use the homestead, nor can he renovate the houses on the homestead. When the houses on the original homestead land become uninhabitable, the village collective has the right to take back the land.

However, according to the "No. 1 Central Document" issued in 2019, the state encourages qualified farmers to settle in cities. The state protects the legitimate rights and interests of farmers who move to cities and shall not withdraw from homestead use rights and land contracts. Management rights are a condition for farmers to settle in cities.

In other words, the central government has gradually conveyed that "people with original rural hukou can retain their homestead use rights and land contracting rights after settling in the city." However, there is currently no clear and unified implementation of this spirit. According to the policy, only in some areas, people who have settled in cities or children with non-agricultural household registration will get approval for the renovation of homesteads after applying to the village collective organization; or the ownership of the renovated houses will be confirmed.

However, it is certain that it will take time for the policy to be implemented. In the future, there must be a supportive and positive attitude towards the "homestead use rights and land contract rights of rural households in cities".

Therefore, even if the subject has a rural household registration, you can try to negotiate with the village committee. After approval, you can still build a house.

I hope the answer will be helpful to the questioner.

This is the answer given by the author who is engaged in rural land construction work in rural areas based on current policies. At the same time, he also takes this opportunity to publicize the relevant policies and regulations for rural housing construction.

1. First, make it clear whether the homestead is a homestead that you can use. The ownership of rural housing land is a collective organization, and people who build houses only have the right to use it. Special reminder: If a house is not built on the newly approved homestead within the specified time, or if the original farm house has been lost, the collective organization will take it back. Therefore, you should make it clear whether the homestead is a homestead that you can use. Many people are confused about this issue, thinking that the homestead land was granted to me a long time ago, or that it was the original old house that was only lost now, and they take it for granted that it is their own homestead land.

2. The party involved in house construction (i.e. the property owner of the repaired house) must be a member of the rural collective organization. Rural homestead is the most basic benefit for members of the collective organization, and it is also the most special benefit. Only the agricultural registered personnel of the collective organization (currently at the village level) are its members and are eligible to use it. People with urban hukou who live in the collective organization cannot apply for homestead land.

3. The requirement of “one house, one house” must be met. That is to say, the party involved in house construction (that is, the property owner of the repaired house) only has one homestead, and the use area must comply with local regulations. If the original homestead and farm house are transferred or withdrawn, it does not meet the requirements of "one household, one house" and cannot apply for using the homestead to build a house.

In short, when building a house in rural areas, you must find out whether the use of the homestead complies with relevant regulations (rural household registration, one house per household, and usable homestead), and then submit it for approval according to the regulations. Build legally.

Hello, with the development of the country's economy, people in rural areas are getting richer and richer. Many people want to go back to their hometowns to build houses on their own homesteads to transform their living environment. In the past, rural homestead management was very strict, which resulted in very bad phenomena. So is it illegal to build a homestead by yourself? I'll just say it briefly.

Therefore, it is becoming more and more difficult for self-built houses in rural areas. It must be clearly stipulated and there are unified planning rules. Rural people cannot build houses casually. The government must clearly stipulate that each rural household can only have one homestead. Therefore, if villagers who have not been allocated a homestead want to build a house, they must apply to the relevant departments. After the application is successful, I will build a house. It is illegal to go to the health center on your own without applying. Whether you are building a house yourself or repairing it yourself, you must apply to the relevant department. If you build a house privately without applying, it is an illegal act. Once discovered by the leaders, you will be fined and demolished. In addition, you should also pay attention to the height of your own house, especially the height of the house is clearly regulated by the government. Those who do not have a rural household registration cannot build a house in the countryside, because as long as they are not a member of the village collective, they no longer have the right to use any homestead in the village.

Generally speaking, when building a house on a disputed homestead, you must first clarify the ownership of the homestead and then go through the relevant procedures, otherwise it is illegal. Of course, this is just my very superficial views and opinions. There are still many shortcomings. If you think something is wrong, you can comment, criticize and correct me. I will continue to improve and improve and strive to do better. Thank you. Everyone.

Homestead refers to the land owned and used by rural villagers for residence and living owned by the collective economic organization. The state has promulgated homestead management measures, which stipulate that rural homestead ownership belongs to rural collective economic organizations, and rural villagers only have the right to use it.

Since the authority for the management of homestead land in various places has been delegated to provinces, autonomous regions, and municipalities directly under the Central Government, the relevant regulations in various places are basically in the "Land Management Law of the People's Republic of China" and "The Land Management Law of the People's Republic of China". The "Urban and Rural Planning Law of the People's Republic of China" and the "Property Rights Law of the People's Republic of China" are enacted. Regarding this issue, we take Shandong Province as an example to answer this question, and other provinces, autonomous regions, and municipalities directly under the Central Government can serve as a reference.

In order to strengthen the management of rural homesteads, rationally utilize land, and effectively protect cultivated land, in accordance with the "Land Management Law of the People's Republic of China" and "Shandong Province Implementation of the "Land Management of the People's Republic of China" Law > Measures" and the Shandong Provincial People's Government's "Notice on Strengthening Rural Homestead Management" (Lu Zhengfa [2001] No. 89 Document) and other relevant laws, regulations and policy provisions, combined with the actual situation of this city, formulated the "Homestead Management Measures" .

First of all, to build a house, you need to apply for a homestead first. After approval, the house will be built in strict accordance with the relevant regulations, otherwise it will be regarded as illegal construction. The basis is as follows:

Article 15: To build houses in rural areas, rural villagers who meet the conditions for building houses shall apply for land use to the village committee. After discussion and approval by all members of the villagers’ meeting or rural collective economic organization, the township (town) ) People's Government review, report to the Municipal Land and Resources Department for review, and be approved by the Municipal People's Government.

Article 16 After the right to use the homestead is approved, the house builders should start construction in a timely manner and carry out construction in accordance with the approved location, area, purpose, etc. in accordance with the law. Township land resources and construction departments must implement full supervision and management of the construction process.

Article 17 If the villagers’ homestead use rights have not started construction within two years from the date of approval, they will be deemed to have been automatically abandoned, and their use rights will be recovered after approval by the original approving authority.

Secondly, there are strict regulations on the area of ??new residential buildings. The basis is as follows:

Article 11 The area limit of the homestead for new residences for rural villagers shall meet the following standards:

(1) Where the township (town) is located, the area of ??each household shall not exceed 166 Square meters;

(2) For villages in plain areas, the area of ??each household shall not exceed 200 square meters; for those occupying unused land, the area may be relaxed appropriately, but the maximum area shall not exceed 264 square meters;

< p> (3) In mountainous and hilly areas, if the village is on plain land, the area of ??each household shall not exceed 132 square meters; if the village is on thin land on a hillside, the area of ??each household shall not exceed 264 square meters;

(4 ) For residential sites that have been constructed according to village planning before the implementation of these measures, the area of ??each household shall not exceed 264 square meters.

For villages with less than 666 square meters of cultivated land per capita, the homestead area of ??each household may be less than the limit specified in the preceding paragraph.

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In summary, building a house on your own homestead is not something you do casually. While obtaining the right to use the homestead, you still have to refer to the local regulations on homesteading when building a house. Regarding the measures for the base, houses should be built in accordance with the relevant regulations on the use of homestead land.

Construction without the approval of the competent authority is illegal construction. So, why is it not approved? There are several situations: 1. Violation of the one-household-one-house land policy. Your ancestor's family owned a mine and owned dozens of houses. Under such circumstances, if you still want to keep a large amount of homestead land or even sell, rent or give it away, that is not possible; 2. Exceeding the scope of the original homestead use rights and occupying cultivated land or other agricultural land. I have encountered such a situation. The homestead is not large in area and is surrounded by fields used for farming. After demolishing it, I want to expand and renovate beyond the scope of the original foundation. This kind of nonsense will definitely not be approved. Because it involves the conversion of agricultural land; 3. Disputed land. You think it belongs to your family, but your neighbors think it belongs to them. This kind of situation also exists in rural areas to a certain extent. Even the village does not know how to resolve land disputes in the same village, especially when the relationship between brothers and sisters is tense and the older generation has died. 4. Types that affect village and town planning and construction. In addition, the reconstruction of old homesteads will basically be approved. Construction must be carried out in accordance with the red lines of approved construction. After the construction is completed and accepted, a certificate can be obtained.

It is necessary to apply for approval before building a new house if the old one is renovated.

Do I need to go through the formalities to build a small kitchen behind my main house?

It is not legal without building approval procedures.