As we all know, the policy of identifying one house per household is now implemented in rural areas. Especially in recent years, the work of confirming land rights has been in full swing in various places, and some places have already obtained housing ownership confirmation certificates. But for the identification of "one household and one house", many rural friends said that they still have questions, and then I will talk to you about how many people in the countryside are counted as a household, how many square meters is a household, and what to do if the area is exceeded?
How many people in the countryside are counted as one household?
In the "one household, one house" policy, the so-called "household" is defined based on household registration, which is not limited by the number of family members. This means that even if there is only one member, it can be considered a separate household, and similarly, a family with multiple members can be classified as a single household. In short, there is no fixed limit to the number of people in a household.
How many square meters is a rural household?
As mentioned earlier, there is no fixed limit on the number of people per household, but the size of the homestead will vary depending on the specific regulations of each region. For example, in some places, the size of the homestead is set according to the size of the family. The following is an approximate area standard for a few places, for reference only:
Yuelu District, Changsha City: According to the "Administrative Measures for the Construction of Rural Villagers' Houses in Yuelu District, Changsha City", it can be seen that a rural villager can only own one homestead, and the homestead area of each benchmark household (3 people and below) is generally 100 square meters, and each additional person of 4 people and above will be increased by 20 square meters (for single-child families, 20 square meters will be added according to each "Honor Certificate for Parents of One Child"). The area of each homestead shall not exceed 130 square meters of cultivated land, 210 square meters of barren mountains and wasteland, and 180 square meters of other land. In principle, there are no more than three floors above the ground of the homestead, and the height of each floor is generally not more than 3.3 meters.
Henan Province: According to the Administrative Measures for Rural Homesteads and Villagers' Self-built Housing in Henan Province (for Trial Implementation), it can be seen that a villager can only own one homestead. All localities should set standards on a county-by-county basis in light of the actual situation, and the area of each household's homestead land in the suburbs of cities and towns and in plain areas with per capita cultivated land of less than 667 square meters shall not exceed 134 square meters; in plain areas with more than 667 square meters of cultivated land per capita, the area of homestead land per household shall not exceed 167 square meters; and in mountainous and hilly areas, the area of each homestead shall not exceed 200 square meters. In village planning, it is necessary to make unified arrangements for the standards for villagers' self-built housing, and in principle, low-rise houses with no more than three floors should be the mainstay, and no houses with more than three floors should be planned to be built.
Hubei Province: According to the latest regulations, the total area of homesteads for newly built and reconstructed houses (including ancillary facilities) of rural villagers shall not exceed 140 square meters per household, and each household using all unused land or stock collective construction land shall not exceed 200 square meters.
Anhui Province: According to Article 43 of the "Anhui Provincial Implementation <中华人民共和国土地管理法>Measures", it can be seen that the area standards for the homestead land of newly built houses of rural villagers are: (1) each household in the suburbs, rural market towns and polder areas, which shall not exceed 160 square meters; (2) in the Huaibei Plain, each household shall not exceed 220 square meters; (3) in mountainous and hilly areas, each household shall not exceed 160 square meters; and if the use of barren mountains and wasteland to build houses, each household shall not exceed 300 square meters.
What should I do if one household and one house in rural areas exceed the area?
According to the policy, the area of rural villagers' homestead land shall not exceed the standard set by the province, autonomous region and municipality directly under the Central Government.
It is understood that before the 1982 "Regulations on the Administration of Land for Building in Villages and Towns" came into effect, if the scope of the homestead land occupied by peasants as members of collective economic organizations has not been expanded since the implementation of the regulations, then regardless of whether the actual area used exceeds the standard area stipulated by the local government, the right will be confirmed according to the area actually used.
During the period from the 1982 Regulations on the Administration of Land for Village and Town Housing to the implementation of the Land Management Law in 1987, if the area of homestead land occupied by members of farmers' collective economic organizations exceeds the local standard, the excess will be dealt with in accordance with the relevant national and local policies, and the right will be confirmed and registered according to the results.
Since the implementation of the Land Management Law in 1987, if a member of a peasant collective economic organization occupies more than the approved area of the homestead land when building a house, the excess area will not be confirmed and registered. The approved part will be registered only if it is allowed to be retained in accordance with the plan and after being dealt with in accordance with the law, and after the necessary land use formalities have been completed, the excess part is marked in the register and certificate.
For the homestead occupied by the house acquired by transfer or gift in the past, if the area exceeds the local standard, the right will be confirmed according to the policy provisions at the time of the transfer or gift.
Please note that there are differences in the handling of excess parts in different places, so you can consult the relevant local departments for details.
To sum up, the interpretation of the principle of identification of one household and one house in rural areas, what everyone needs to understand is that there is no specific limit on the number of people in "one household", but the area standard of "one house" will be formulated according to local policies, and the current construction of houses in rural areas is not where you want to build where you can build, and there are restrictions on the area, floor area, construction area and height of the house, etc., and it is also necessary to apply to the relevant local departments in advance, and it can only be carried out after approval.