How is the new homestead policy stipulated in 2023?

According to the new homestead policy, the rural villagers' residential land is approved by the township government. After the application for the right to use the homestead is approved, villagers can enjoy the right to use the homestead free of charge. During the use period, the existentialist can lease the homestead to others, but the lease period shall not exceed 20 years.

1. How is the new homestead policy stipulated?

According to the Notice on Further Strengthening the Management of Rural Homestead

Article 1 According to the newly revised Land Management Law, the agricultural and rural departments are responsible for the work related to the reform and management of homestead, and specifically undertake the work of guiding the distribution, use and circulation of homestead, dispute arbitration management, rational layout of homestead, land use standards, investigation and punishment of illegal land use, and guiding the use of idle homestead and idle farm houses.

The second is to establish a homestead management mechanism guided by the Ministry and province, led by cities and counties, responsible by towns and villages, and subject to village level.

The focus of homestead management is at the grassroots level, and the county and township governments assume territorial responsibility, while the agricultural and rural departments are responsible for industry management, and the specific work is undertaken by the rural management departments.

Article 3 According to the newly revised Land Management Law, rural villagers' residential land shall be examined and approved by the township government. Township governments should explore the establishment of a unified management mechanism for homesteads according to local conditions, implement a window for external acceptance and multi-departmental internal linkage operation, and establish a system of joint examination and joint office of homesteads and rural houses to provide convenient and efficient services for farmers.

Fourth, it is necessary to strengthen the supervision of the whole process of application, approval and use of homestead, and implement the requirements of "three attendance" such as application review, measurement approval and verification after residential completion. It is necessary to carry out dynamic inspections of rural homesteads, timely discover and dispose of all kinds of illegal acts involving homesteads, and prevent new illegal land occupation.

Fifth, it is necessary to guide village-level organizations to improve the democratic management procedures of homestead and explore the establishment of village-level homestead coordinators.

Sixth rural villagers can only own one homestead, and the area shall not exceed the standards stipulated by provinces, autonomous regions and municipalities directly under the central government.

Rural villagers should build houses in strict accordance with the approved area and building standards, and it is forbidden to build houses without permission or occupy homesteads over an area.

Seventh approved residential construction, should be strictly in accordance with the requirements of "new demolition", the original homestead will be returned to the village collective.

Eighth rural villagers to sell, lease, gift housing, and then apply for homestead, shall not be approved.

Ninth of the historical formation of the homestead area exceeds the standard and "one family" and other issues, should be identified and disposed of in accordance with the relevant policies and regulations.

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

Tenth strict control of land use, rural villagers to build houses should comply with the township (town) land use planning, village planning.

Reasonable arrangement of homestead land, strictly control the occupation of agricultural land by new homesteads, and may not occupy permanent basic farmland; Involving the occupation of agricultural land, it shall go through the formalities for the conversion of agricultural land in advance according to law.

Villages outside the scale of urban construction land should increase the homestead space by giving priority to new construction land planning indicators, village renovation, vacating abandoned homesteads, etc., to meet the housing needs of farmers who meet the conditions of homestead distribution. Within the scale of urban construction land, farmers' housing needs can be met by building farmers' apartments and farmers' residential quarters.

Second, how to obtain the right to use rural homestead

Rural villagers need to use the homestead to build houses, and must go through the following procedures:

I. Application

The applicant shall submit a written application for land use to the local villagers' committee with the application materials. The village committee shall review the application materials on a quarterly basis, convene the villagers' committee or villagers' congress for deliberation in accordance with the law, and post them. Since the date of posting 15 working days, the villagers have not raised any objection or the objection is not established, and it shall be reported to the township land and resources institute for preliminary examination.

2. Field test

The township (town) people's government shall organize the land and resources institute to conduct on-site investigation and mass investigation, review the construction land and the application conditions for construction land, and make exploration records and review opinions.

Step 3 fill in the application form

After passing the preliminary examination, the Land and Resources Institute issued the Application Form for Rural Villagers' Residential Land and Construction.

4, the village committee review

The village committee shall examine and sign the Application Form for Rural Villagers' Residential Land and Construction submitted by the applicant, and prove the applicant's original residential land and the current living conditions of family members. After being signed by the person in charge and stamped with the official seal of the village committee, it shall be submitted to the township (town) people's government for examination.

5. Review and reporting

The township (town) people's government shall, after receiving the application materials for residential construction land reported by the village committee, complete the examination and determine the planned land use scope on the spot, and report it to the county land and resources bureau for preliminary examination. The county land and resources bureau shall examine and approve the qualified people's government at the county level.

Step 6 agree

If the county people's government approves the use of land, the county land and resources bureau shall issue a letter of approval for construction land.

7, lofting

Led by land and resources, the township government personnel will go to the site for lofting according to the approval of construction land and the planning permit of village and town construction projects, delimit the scope, fill in the lofting record card, and the personnel participating in lofting will sign the lofting record card. After lofting, the land applicant can start construction.

8. Acceptance and certification

New construction, renovation and expansion of rural villagers' houses shall, within 30 working days from the date of completion and acceptance of the houses, apply for initial registration of land or registration of change and registration of house property rights according to law, and obtain land use right certificates and house ownership certificates.

In rural areas of China, each household can only have the right to use one homestead at most. Rural children who lack homestead because of marriage, or who are from other places and become members of collective organizations, may ask village collective organizations for the right to use homestead.