Yan [2005] No.43
Chapter I General Provisions
Article 1 In order to further strengthen the management of rural homesteads, correctly guide the rational construction of rural villagers' houses, save intensive land and effectively protect cultivated land, these measures are formulated in accordance with the Land Administration Law of the People's Republic of China and the Implementation Measures of the Land Administration Law of the People's Republic of China, combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the management of rural homestead within the administrative area of this Municipality.
Article 3 The administrative departments of land and resources of the municipal and county people's governments shall be responsible for the management and supervision of rural homesteads within their respective jurisdictions, and the people's governments at the township level shall be responsible for the management of rural homesteads within their respective administrative areas according to law.
Fourth rural residential construction must be based on county planning, town and village land use planning, village construction planning. It is necessary to strictly implement the planning, strictly control the scale of rural construction land, and reasonably determine the number, layout, scope and scale of small towns and rural settlements.
Fifth to strengthen the management of rural residential land planning, rural residential land occupation should be included in the annual plan, shall not exceed the planned land grant. The index of rural residential land occupation of agricultural land should be linked to the new cultivated land area of rural construction land consolidation. After the county-level land and resources management department has approved the newly-increased cultivated land area, it shall give priority to the same number of agricultural land conversion indicators in the general indicators of the annual plan for rural residential construction. All levels shall, before the end of each year, report the implementation of the plan of rural homestead occupying agricultural land to the land and resources management department of the people's government at the next higher level for the record.
Sixth rural residential construction should be gradually concentrated in small towns and central villages according to the plan. Make full use of Uchikoga land and hillside wasteland in the original village, strictly control the occupation of agricultural land, and prohibit the occupation of basic farmland. We should vigorously promote the transformation of old villages and implement the relocation and integration of villages; Delineate village boundaries and rectify "hollow villages". The residential construction of rural villagers in urban planning areas should focus on the construction of residential quarters; The construction of rural villagers' houses outside the urban planning area must focus on the construction of farmers' new villages in accordance with the requirements of urbanization and intensive land use, and encourage the construction of multi-storey and high-rise houses in places where conditions permit. Within the planned scope of merging villages, except for the renovation of dangerous houses, the examination and approval of new construction, renovation and expansion of houses will be stopped.
Chapter II Homestead Standards
Seventh rural villagers can only own a homestead. The newly designated homestead must conform to the overall land use planning and village construction planning. The area of new residential land is limited to:
(a) the suburbs of the city and the location of the town, the area of each household shall not exceed 132 square meters;
(2) In plain areas, the area of each household shall not exceed 1.66 square meters. Building a village on saline-alkali land or wasteland may be appropriately relaxed, but the maximum area shall not exceed 200 square meters;
(3) In mountainous and hilly areas, built on plains, the area of each household is 132 square meters; Built on a thin hillside, it may be appropriately relaxed, but it shall not exceed 233 square meters at most.
The per capita occupancy of residential land for villagers below 666 square meters of cultivated land shall be lower than the limit stipulated in the preceding paragraph.
Chapter III Examination and Approval of Homestead
Eighth rural villagers to build, rebuild and expand houses, should make full use of the village's inner houses, old house bases, wasteland and abandoned land. Have one of the following conditions, you can apply for residential land:
(a) rural citizens who have reached the age of 20 and settled in their villages really need to build new houses because of marriage and other reasons;
(two) the original place of residence affects the planning of villages and market towns or needs to be relocated due to state and collective construction;
(three) due to natural disasters and other reasons, the need for new housing;
(four) approved by the people's governments at or above the county level to return to their original places of residence (issue a certificate of approval), and there is no residence in rural areas;
(five) other circumstances stipulated by the people's governments at or above the county level.
Article 9 In any of the following circumstances, approval shall not be granted:
(a) does not meet the conditions listed in article eighth;
(2) Non-villagers;
(three) selling, renting, giving away other people's houses or changing houses into business premises and applying for homestead;
(four) the original homestead can solve the needs of one or more households;
(five) the village has unused and has applied for the use of agricultural land learning car and old house base;
(six) does not conform to the village construction planning and land use planning;
(seven) other not recognized.
Tenth rural homestead examination and approval according to the following procedures:
(a) rural villagers to apply to the villagers' committee, and fill in the town planning and site selection submissions, approval form and villagers' residential land submissions;
(II) The villagers' committee shall, after holding a villagers' meeting or villagers' congress for discussion according to the residential land use plan of the year, determine the list of building households, post it for 7 days without objection, and report it to the people's government at the township level for review;
(three) the people's government at the township level shall report to the administrative department of land and resources at the county level for examination and approval.
Rural villagers in three districts under the jurisdiction of the city apply for the use of homestead, which shall be examined by the land and resources sub-bureau of each district and approved by the district people's government.
The villagers' committee shall publish the list of approved houses and accept supervision by the masses.
Eleventh rural village committee members to apply for homestead, should be approved by the township leadership collective audit, in accordance with the procedures prescribed in Article 10 of these measures for approval.
Twelfth rural homestead, involving the occupation of agricultural land, must go through the formalities for examination and approval of agricultural land conversion. Where the building occupies cultivated land, the villagers' committee shall reclaim and sort out the cultivated land equivalent to the quantity and quality of the cultivated land occupied.
Thirteenth approved residential land, must be in accordance with the area and location approved by the people's government at the township level, to the scene after demarcation, housing users can start construction.
Fourteenth improve the homestead management system. In the process of homestead approval, the management of township land and resources should be "three sites", that is, after accepting the application for homestead, it is necessary to go to the field to review whether the applicant meets the conditions and whether the proposed land meets the planning; After the homestead is approved according to law, it shall be measured and released on the spot; After the villagers' houses are completed, they should go to the field to see whether the land is used according to the approved area and requirements.
Fifteenth farmers are not allowed to change the location and use of the approved homestead, and are not allowed to exchange, transfer, lease, buy or sell or give away.
Sixteenth encourage children to live with their parents. For the elderly who cannot live with their children and have no other housing, the village collective organizations can make unified planning for the housing for the elderly, and the area of each household shall not exceed 100 square meter.
Seventeenth prohibit urban residents from buying homestead in rural areas; It is strictly forbidden to issue land use certificates for houses purchased and illegally built by urban residents; It is strictly forbidden to submit for approval after construction; It is strictly forbidden to handle only the planning and site selection submissions, and handle the housing ownership registration certificate for them without going through the land use procedures; It is strictly forbidden for village-run enterprises to submit land for approval in the form of homestead.
Chapter IV Recovery, Transfer and Registration of the Right to Use Homestead
Eighteenth strict implementation of rural villagers "one house" system. It is strictly forbidden for rural villagers to own more than one set of housing. If rural villagers have more than two homesteads, the villagers' committee shall recover the surplus homesteads in accordance with the law and make unified arrangements for their use. If there are attachments on the ground, appropriate compensation shall be given, and the compensation standard shall be determined by the villagers' committee or the villagers' congress.
Nineteenth new houses in different places, must vacate the old house base, by the village collective in accordance with the law to recover the unified arrangement for use.
Twentieth for the villagers who have legally obtained the homestead, but later moved to other places because of joining the army, examination, recruitment, business and other reasons. With the approval of the relevant administrative departments of the city and county, you can transfer or lease your house together with the homestead to villagers who meet the conditions for applying for homestead, but you may not apply for homestead separately after transfer or lease.
Twenty-first rural villagers due to the sale, exchange, gift, inheritance of real estate and the transfer of the right to use the homestead, the villagers who meet the application conditions of the homestead shall go through the registration procedures for the change of land use rights; Villagers who do not meet the application conditions of homestead only enjoy housing ownership, and their land use rights are recovered by village-level collective organizations for unified arrangement and use, and their real estate is given appropriate compensation.
The approved homestead, which has not been built for two years, will automatically become invalid, and the village-level collective organization will take back the unified arrangement for use.
To recover, recover or transfer the homestead, the villagers who meet the requirements for applying for the homestead must go through the formalities for cancellation of registration and change of land use right according to law.
Twenty-second it is strictly forbidden for villagers or village collective organizations to transfer or buy or sell homestead to citizens outside the village in any name, or to transfer or buy or sell homestead without authorization. In accordance with the provisions of Article 39 of the Regulations on the Implementation of the Land Management Law of the People's Republic of China, if the relevant administrative departments refuse to handle the relevant procedures, the administrative departments of land and resources shall handle it in accordance with the provisions on unauthorized transfer of land use rights.
Twenty-third after the completion of residential buildings, the staff of the land and resources management department of the township people's government will review the actual land use. Land in line with the approval documents, the county, district land and resources administrative departments reported to the people's government at the same level for approval, ownership registration, collective land use certificates issued.
Twenty-fourth it is strictly forbidden for villagers' committees to collect homestead fees; It is strictly forbidden for relevant departments of township governments to charge for hitchhiking. Land and resources departments only charge land use license fees. All localities are not allowed to collect paid land use fees for new construction land from farmers in the examination and approval of homestead.
Chapter V Punishment
Twenty-fifth of the unauthorized occupation, preemption and unauthorized construction of residential buildings, according to the illegal occupation of land, land grant, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Twenty-sixth rural villagers illegally occupy land to build houses without approval or by deception, and the administrative departments of land and resources shall investigate and deal with them according to law. The houses built meet the planning and area standards, and meet the conditions for applying for homestead. If the householder applies for exemption from the demolition penalty, he shall be punished in accordance with the provisions of Article 42 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China, and shall go through the formalities for examination and approval of the homestead according to law. Those that do not conform to the plan will be demolished and illegally occupied land will be returned.
Those who occupy the homestead in excess of the prescribed standard shall be punished as illegal occupation of land.
Twenty-seventh illegal transfer of homestead or illegal transfer of residential construction land, illegal transfer of homestead approval documents and indicators, the administrative department of land and resources of the people's government at or above the county level shall order it to make corrections within a time limit and confiscate the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 28 In any of the following circumstances, the approval document is invalid:
(a) units or individuals that have no right to approve the use of homestead illegally approve rural villagers to occupy land to build houses;
(two) illegal approval of rural villagers to occupy land to build houses beyond the approval authority;
(three) not in accordance with the overall planning to determine the use of residential construction land or in violation of the procedures prescribed in these measures approved the occupation of residential construction land.
The illegally approved homestead shall be recovered, and if the parties refuse to return it, it shall be punished as illegal occupation of land. If losses are caused to the parties due to illegal approval of the homestead, the illegal land grant unit or responsible person shall be liable for compensation according to law. The main person in charge or responsible person of the unit that illegally approves the homestead shall be given administrative sanctions by the unit to which he belongs or by the superior competent department and administrative supervision department according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 29 the staff of the administrative department of land and resources who neglect their duties, abuse their powers or engage in malpractices for selfish ends in the management of homestead shall be given administrative sanctions by their units or the competent department at a higher level according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirtieth if a party refuses to accept the decision on administrative punishment, it may apply for reconsideration or bring a lawsuit to the people's court according to law. If the party concerned fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.
Article 31 These Measures shall come into force as of the date of promulgation, and the Interim Measures for the Management of Rural Homestead in Yancheng promulgated and implemented on February 25th, 20001year shall be abolished at the same time.
October 18th, 2005