Strictly control the occupation of cultivated land by new homesteads.
The "Opinions" require the preparation of village planning according to law and strict implementation of village planning. Strictly control the occupation of agricultural land by new homestead, and may not occupy permanent basic farmland; Involving the occupation of agricultural land, the examination and approval procedures for the conversion of agricultural land into construction land shall be handled according to law. The construction of villagers' houses shall conform to the village planning, try to use the original homestead and the construction land of the village parents, declare according to the procedures, and can only be built after approval.
The "Opinions" require that the application conditions for homestead should be determined according to law, the examination and approval procedures should be standardized, and the relevant standards for homestead land should be clarified: a villager can only own one homestead. The land standard for each household's homestead in densely populated areas is not more than 1.67 square meters, and it is not more than 200 square meters in other areas. The specific standards shall be determined by the relevant district according to the actual situation of this district.
"Villagers should build houses in strict accordance with the approved area and building standards, and it is forbidden to build houses without approval, exceeding the area and exceeding the height." The "Opinions" clarify that those who have been approved to build houses or live in a centralized manner in accordance with unified planning should withdraw from the original homestead in strict accordance with the requirements of "building new buildings and demolishing old ones" and in accordance with relevant regulations.
The "Opinions" also require that township governments should examine and approve in strict accordance with village planning and relevant regulations, and issue a letter of approval for building houses. The township government shall timely file the documents, photos, videos and other materials formed in the management process, implement the management of "one household for one file" and establish ledgers.
Strictly manage the migration of household registration between rural areas.
The Opinions require careful handling of issues such as excessive occupation of homesteads due to historical reasons.
Among them, for the homestead demarcated before 1982 or occupied beyond the current specified area standard due to transfer, house inheritance, gift and other reasons. If the over-occupied area reaches the current standard and the indoor conditions meet, it is allowed to give priority to the use after household separation, but the formalities for examination and approval of the homestead should be strictly fulfilled; If the occupied area is not up to the current standard or the indoor conditions are not available, it will continue to be used, and it will be gradually adjusted according to the village planning or when the house is transferred, inherited and donated.
For villagers with "one household with multiple rooms", the Opinions require that all relevant districts can raise funds through multiple channels and explore various ways to encourage villagers who have settled in the city due to inheritance, gift or purchase of houses and formed "one household with multiple rooms" to voluntarily withdraw from idle homesteads with compensation. The specific housing compensation standard is determined by the collective economic organization.
The "Opinions" clarify that it is strictly forbidden for urban residents to buy homesteads and houses on homesteads in rural areas. Strictly implement the national and Beijing household registration policies. Except as provided by laws and regulations, it is forbidden for urban residents to migrate to rural areas, and the household registration migration between rural areas is strictly managed.
It is strictly forbidden to occupy illegal and illegal places in the name of lease and revitalization.
For idle homesteads and idle houses, the Opinions require strengthening the management of revitalization and utilization.
Under the premise of ensuring that households have a home and ensuring the living needs of villagers in the village, the Opinions clarify that village collective economic organizations and their members can develop rural tourism, catering and cultural experience industries by making active use of idle homesteads and houses according to law.
Among them, if the lease is used for residence or business, it is necessary to strictly abide by the relevant regulations of the state and Beijing, and fulfill the lease registration procedures. The lease contract period shall not exceed 20 years. It is strictly forbidden to rent unqualified houses and illegal group renting houses.
The "Opinions" require strict prevention of all kinds of illegal construction, and clearly require that "it is strictly forbidden for social capital to use homesteads to build villa courtyards and private clubs, and it is strictly forbidden to illegally occupy or buy or sell homesteads in the name of leasing and revitalizing use".
Seriously investigate and deal with the problem that most public officials in party member occupy the homestead.
The opinion demands that Party organizations at all levels should strengthen the supervision and management of party member, public officials and village cadres, and drive the masses to strictly abide by the relevant regulations of the state and Beijing on the management of homestead and housing construction. It is strictly forbidden for party member, public officials and village cadres to illegally occupy or occupy or occupy the homestead to build houses. The parties and relevant responsible persons who illegally build houses shall be resolutely investigated and punished according to law and discipline; Those who violate the criminal law and constitute a crime shall be investigated for criminal responsibility according to law.
■ Experts say
The standard of "one household, one house" has really landed.
Zhao Xiuchi, vice president and secretary general of Beijing Real Estate Law Society and professor of capital university of economics and business, thinks that "one household, one house" has been mentioned before, but it is too general to be put into practice. The "Opinions" really put forward the standard of "one household, one house", planned the realization path, and clarified the rights and responsibilities, so that this method can really land. "
The Opinions clarify that a villager can only own one homestead. The land standard for each household homestead shall not exceed 200 square meters. "This is to extend the planning guidance to rural housing." Zhao Xiuchi said that building houses in rural areas is relatively simple and there are no strict and meticulous requirements. "Beijing's urban housing is planned, especially since the' 317 New Deal', a ruler has been measured to the end and implemented very strictly."
Regarding the community-based management of rural centralized residence advocated in the Opinions, Zhao Xiuchi believes that the advantage of centralized residence is that it can free up homestead and land for village collective management and obtain collective income, or lease it to enterprises for the development of tourism, which is beneficial to village collective benefits. For the promotion of rural collective living, the key is to respect the wishes of villagers. "I am willing to live in a small courtyard, let me live in a small courtyard."
Urban residents are prohibited from buying homesteads and houses on homesteads in rural areas. Does it mean that urban residents will also be banned from renting houses in rural areas for a long time? Zhao Xiuchi believes that according to the current policy, as long as the lease term does not exceed 20 years, it is not illegal. She believes that the "Opinions" clearly stipulates that "it is strictly forbidden for social capital to use homestead to build villa courtyards and private halls" in order to save land and let more farmers realize "household living".
Zhao Xiuchi said that in recent years, some people in the city think that it is unfair for villagers to own homestead and enjoy housing security. The "Opinions" has taken a step towards "home ownership" in Beijing's urban and rural areas, which is conducive to the realization of urban and rural housing equity. The next step is to ensure the educational needs of the children of villagers living in urban areas and prevent the emergence of left-behind children. "Only by truly giving farmers in cities the same public service treatment, including social security housing provident fund and children's degrees, can farmers' homesteads be withdrawn. "