(1) Clarify the way of facility agricultural land management. The land for production facilities and land for ancillary facilities are directly used for or serve agricultural production, and their nature is different from that of land for non-agricultural construction projects, which is managed as agricultural land according to the Classification of Land Use Status Quo (GB/T21010-2007).
To build an agricultural facility, the operator shall draw up a plan for the construction of the facility and sign a land use agreement with the local rural collective economic organization. Involving the transfer of land contract management rights, should first sign a land transfer contract in accordance with the law. Construction of agricultural facilities occupying agricultural land, do not need to apply for approval procedures for the transfer of agricultural land, of which, the production facilities occupying arable land, after the end of production by the operator is responsible for replanting, not counted in the arable land to reduce the assessment; ancillary facilities occupying arable land, by the operator in accordance with the requirements of the "occupation of a complementary" is responsible for replenishing the occupied arable land.
(ii) reasonable control of the scale of land for agricultural facilities. Provinces (autonomous regions and municipalities) agricultural departments in conjunction with the land and resources departments, according to the relevant standards of agriculture, the type and characteristics of the development of agricultural facilities in the region, in line with the strict control of the scale of land use of ancillary facilities, to reduce the occupation of arable land and the destruction of the principle of the construction of facilities to make guiding provisions of the standards for the various types of production facilities and ancillary facilities of land use of scientifically formulated land use standards.
Factory crop cultivation, ancillary facilities in principle, the scale of land within 5% of the project site size, but no more than 10 acres; for large-scale planting of ancillary facilities in principle, the scale of land within 3% of the project site size, but no more than 20 acres; large-scale livestock and poultry breeding ancillary facilities in principle, the scale of land within 7% of the project site size ( Among them, the proportion of the land scale of ancillary facilities for large-scale cattle and sheep raising is controlled within 10%), but not exceeding 15 mu at most; the land scale of ancillary facilities for aquaculture is controlled within 7% of the project land scale in principle, but not exceeding 10 mu at most. The scale of land for ancillary facilities should be strictly controlled, and provincial departments of land and resources and agriculture can combine with the local actual situation to formulate specific standards that are not higher than the limits specified above.
(3) Strictly grasp the scope of agricultural land for facilities. In the agriculture-based leisure and tourism projects and various types of agricultural parks, involving the construction of permanent catering, accommodation, meetings, large parking lots, factory processing of agricultural products, medium and high-grade exhibition, etc., does not belong to the scope of the facilities of agricultural land, according to the non-agricultural construction land management. Indeed need to build, must be consistent with land use planning, according to law, construction land approval procedures.
Legal basis:
"Rural Residential Management Measures"
Article IX rural villagers can only have a residential base, residential area standards (including ancillary housing, yard land), the use of arable land shall not exceed a maximum of 125 square meters; the use of other land shall not exceed a maximum of 140 square meters; mountainous areas have the conditions for the use of wasteland, barren slopes, the highest shall not exceed 160 square meters.
The limit of land area for residential land is: 75m2 or less for three persons or less than three persons, 100m2 or less for four persons, 110m2 or less for five persons, and 125m2 or less for six persons or more than six persons.
The use of non-cultivated land, the maximum increase of 15m2 per grade; mountainous areas with conditions to use barren slopes, barren hills to build a house, the maximum increase of 35m2 per grade.
Implementation of the old village renovation, downhill immigration and demolition of the area exceeding the land limit of 20m2 or more, can be relaxed by one grade of the land limit.
Article 10 of the calculation of the population of agricultural households building houses:
(a) The calculation of the population of building houses is based on the household's permanent residence in rural areas. Those who have received the one-child certificate may add one more person to the calculation of the population of the building;
(2) Active military personnel (excluding officers), college and university students in school, and persons serving a sentence of imprisonment may be counted in the calculation of the population of the building. If the spouse of an urban resident is of rural household registration and does not enjoy the housing reform policy, upon verification and certification by his/her unit, the spouse may be counted in the housing construction population when applying for the construction of a house;
(iii) those who have not been dealt with in accordance with the law for violating the provisions of the family planning policy shall not be counted in the housing construction population.
Article 11: Calculation of the area of a house site:
(1) Buildings and structures are bounded by the outer wrapping of the wall, and those that are joined together are bounded by the middle of the wall or the middle of the column;
(2) The vertically projected vertical projection of protruding portions of the balconies and staircases, etc., is used for calculating the area covered by the protruding portions, but the bottom floor is not to be structured;
(3) If the same land is used by two or more households, the area of the site is calculated as follows The ratio of the floor area of the house title to the total area is apportioned; for alley land, the apportioned area of the farm household using the upper floor is half, and the rest is the area for *** use;
(iv) The collective land use right acquired through the purchase of commercial houses and the acquisition of state-owned land use right by public compensated transfer or the compensated transfer of collective land use right shall not be counted as the area of the house base.
Article 12 of the children who are eligible to set up a household in the application for the calculation of the limit of homestead area, the parents, in addition to leaving a reasonable limit, the excess shall be reasonably calculated to the children's household.
Farmers whose existing homestead area exceeds the quota should reduce the part of the quota when applying for demolition and relocation of old houses according to the planning.