Implementation of rural revitalization strategy knowledge 100 questions and answers 丨 land chapter (middle)

03. Land (Medium)

46

What are the circumstances in which farmers in this city are prohibited from building houses?

Farmers with any of the following circumstances may not apply for a new house on the homestead, or rebuild, expand or renovate the original house: (1) they own multiple homesteads; (2) there are illegal land uses and illegal buildings on the existing homestead, and they have not completed rectification in accordance with the regulations; (3) they sell or donate the original house to others, or change the original house into a business place without the permission of the relevant departments; (4) the divorced household has not completed the disposal of the homestead and housing rights and interests; (5) other circumstances stipulated by the district government.

47

What is the land area standard for farmers to build houses in this city?

The land area standards for the construction of houses by farmers in this city are: (1) for households with 5 people and less than 5 people, the homestead area is not more than 140 square meters, and the building area is not more than 90 square meters; (2) for households with 6 people and more people, the homestead area is not more than 160 square meters, and the building area is not more than 100 square meters. The district government may, within the scope of the above standards, determine the specific standards for the area of the homestead and the floor area of the building according to the number of people in the household.

48

What is the calculation standard for the construction area of the city's farmers?

The calculation standards for the construction floor area of the houses built by farmers in this city are: (1) the building area of the corridor with roof and column outdoors is calculated according to the horizontal area of the outer edge of the column; (2) the building area of the balcony, inner balcony and platform with the column is calculated according to the horizontal area of the outer edge of the column or the outer edge of the wall. (3) Outdoor walkways without columns and roofs and balconies without columns do not count the floor area of the building, but shall not exceed the approved homestead area.

49

What are the spacing, floors and height standards for farmers in the city?

Village and town planning shall be implemented in accordance with the village and town plan in areas where the spacing, number of floors and height standards for peasant households to build houses are stipulated. In areas where the village and town planning has not yet been prepared or where the spacing, number of floors and height standards for peasant households to build houses have not been stipulated, the spacing and number of floors shall be determined by the township (township) people's government in accordance with the actual situation; the height of the cornice of the house shall not exceed 10 meters, and the height of the roof ridge shall not exceed 13 meters.

50

What are the specific regulations for the transfer of land by peasants in this city to the cities and towns for centralized resettlement?

The specific provisions for the land transfer of the land for the centralized resettlement of peasants in cities and towns in this city are: The starting price of land transfer of the land for the centralized resettlement of peasants into the town shall be determined according to 70% of the benchmark land price of the same kind of land in the area where the plot is to be transferred, and the resettlement plot may be transferred in a directional manner. It has been agreed that the land transfer price of the resettlement plot may be paid in installments, and the proportion of the first payment shall not be less than 50%, and it shall be paid in full within two years at the latest.

51

What are the requirements for the control of the relatively concentrated residential style of farmers in this city?

Strengthen the control of the construction style of rural translational centralized settlements, and maintain the rural style and architectural texture. According to the requirements of the "Guidelines for the Planning, Design and Construction of Rural Landscapes in the Suburbs of Shanghai" and the "Atlas of Housing Schemes for Villagers in Shanghai", the style and architectural design of rural translation concentration points are carried out according to local conditions, and the system of rural planners and rural architects is implemented, and the design drawings of farmhouses with unified style are provided. Promote unified planning, unified design, and independent joint construction of housing construction in rural translation concentration points, and do not approve those that do not conform to the guidelines for the construction of rural scenery in the city, and do not enjoy subsidies for infrastructure support and land-saving policies.

52

How to calculate the physical resettlement area of the city's centralized residence in cities and towns?

The calculation caliber is: 4 people and less than 4 people households do not exceed 180 square meters; if the population exceeds 4 people, the construction area can be increased according to the standard of 20 square meters per person. Each agriculture-related area may determine the area of the resettlement housing set in light of actual conditions, but the area of physical resettlement shall not exceed the prescribed upper limit of 20 square meters at most.

53

What are the building standards for rural translation concentration in the city?

Rural villagers building houses should follow the principle of saving intensive land. Among them, the homestead area is not more than 140 square meters for households with 5 people and less than 5 people, and 6 or more people for households with more than 160 square meters; the housing construction area is not more than 90 square meters for households with 5 people and less than 5 people, and 6 people and more people is not more than 100 square meters. The height of the cornice of the rural villagers shall not exceed 10 meters, the height of the roof ridge shall not exceed 13 meters, and the number of floors shall not exceed 3 floors, and the agricultural auxiliary houses shall be abolished. Where the area of the original legal license exceeds the existing prescribed construction area standard, the area of the homestead and the construction area shall be implemented in accordance with the above provisions, and the difference between the original legal area and the original legal area shall be compensated by monetization.

54

How to confirm the registration of the right to a homestead without ownership source materials?

For homestead land without ownership source materials, the historical use and current situation of the land shall be ascertained, and after the rural collective economic organization or villagers' committee confirms the owner, area, four to the scope of the right to use the homestead land, etc., and there is no objection or the objection is not established within 30 days of the announcement, the rural collective economic organization or village committee shall issue a certificate and be examined and approved by the township (town) people's government, and if it is legally used, the right to be confirmed and registered.

55

Can "One Family Multi-House" be registered?

The right to use the homestead land should be registered to the "household" in accordance with the requirements of "one household and one house", and in principle, the right to confirm the right is registered to the "household". Where the conditions for building houses in the local area are not divided, but another house is built separately without approval, the homestead land occupied by the newly built house conforms to the relevant planning, and with the consent of the rural collective economic organization or the villagers' committee and the announcement that there is no objection or the objection is not established, the right may be confirmed and registered in accordance with law after completing the relevant land use formalities in accordance with the regulations; For those who occupy the homestead land due to the inheritance of the house, forming a "multi-family house", the right can be confirmed and registered in accordance with the regulations, and annotated in the real estate register and the appendix column of the certificate.

56

How to identify "households" in the registration of homestead rights confirmation?

Where local governments have provisions on the designation of "households", they shall be handled in accordance with local provisions. Where localities do not make provisions, they may be determined according to the following principles: "Households" should, in principle, be based on the household registration information of the public security department, and at the same time shall meet the conditions for local applications for residential land to build houses. Where it is not possible to determine on the basis of household registration information, reference may be made to the situation of peasant households contracting collective land in local rural collective land household contracts, combined with the villagers' autonomy methods.

57

How to register the excess area of the homestead?

Where members of rural collective economic organizations are approved to build houses and occupy residential land, they shall be registered in accordance with the approved area. Where the approval formalities are not fulfilled to build a house and occupy the homestead, where the local government has provisions, it shall be handled in accordance with the local regulations. Where local governments have not made provisions, they shall be handled in accordance with the phased handling principle stipulated in the Notice of the Ministry of Land and Resources on Further Accelerating the Registration and Issuance of Certificates for the Confirmation of Rights to Residential Land and Collective Construction Land (Land and Resources Development (2016) No. 191): Before the implementation of the Regulations on the Administration of Land for Building Houses in Villages and Towns in 1982, the scope of the homestead occupied by members of rural collective economic organizations for building houses has not been expanded since the implementation of the Regulations on the Administration of Land for Building Houses in Villages and Towns, regardless of whether it exceeds the local area standards thereafter. All rights are confirmed and registered according to the actual area used. From the implementation of the 1982 Regulations on the Administration of Land for Building Houses in Villages and Towns to the implementation of the Land Administration Law in 1987, the homesteads occupied by members of rural collective economic organizations that exceed the local area standards shall be registered as a result of the handling of the relevant national and local regulations. After the implementation of the Land Administration Law in 1987, if the homestead occupied by members of rural collective economic organizations to build houses exceeds the approved area, the right to be registered will not be confirmed. Where it conforms to the plan and is retained after being handled in accordance with the law, only the approved part shall be registered after the relevant land use procedures have been completed, and the excess part shall be noted in the register and certificate. Where the homestead occupied by a house that has historically been transferred or donated exceeds the local area standard, the right to be registered shall be confirmed in accordance with the policy provisions on the excess area standard of the homestead land at the time of the transfer or donation.