<h1 class="pgc-h-arrow-right" data-track="3" > topic import</h1>
On May 31, 2021, the Political Bureau of the CPC Central Committee held a meeting to listen to the report on major policy measures to actively respond to the aging of the population during the "14th Five-Year Plan" period, and to review the Decision on Optimizing Fertility Policies and Promoting long-term balanced development of the population. The meeting pointed out that further optimizing the fertility policy and implementing the policy of having three children for a couple and supporting support measures are conducive to improving China's population structure, implementing the national strategy of actively responding to population aging, and maintaining the advantages of China's human resource endowment. Experts judge that due to the high cost of urban housing, living costs, and education, the impact of the three-child policy liberalization on rural areas may be greater than that of cities. The liberalization of the three-child policy is bound to affect the rural living situation, and this article will explore the impact of the policy on rural residence in combination with relevant laws and regulations.
<h1 class="pgc-h-arrow-right" data-track="29" > rural housing construction procedures</h1>
From the process of building a house in the countryside, we can analyze which factors affect the final living area. According to the provisions of laws and local regulations, it is roughly the following process:
1． application. Where rural villagers need homestead land to build houses, they should fill in documents such as the "Application Form for Rural Homesteads and Houses (Planning Permission)", and submit a written application for homestead and house construction (planning permission) to the villager group on a household-by-household basis.
2． Publicity. After the villagers' group receives the application, it submits it to the villagers' group meeting for discussion, and publicizes the reasons for the application, the homestead allocation plan (location and area of the proposed land) and the building (planning permission) plan (the height and area of the proposed house) within the scope of the group.
3． censor. Where there is no objection to the publicity or the objection is not established, the villagers' group will submit the application of the peasant household, the minutes of the villagers' group meeting, and other materials to the village-level organization for review.
4． Submit. Where the examination is approved, the village-level organization shall sign the opinion on the "Application Form for Rural Homesteads and Buildings (Planning Permission)" and submit it to the township people's government together with other relevant materials submitted by the applicant.
5． Joint review of departments. After the township and town people's government accepts the application for rural villagers' homesteads and house construction (planning permission), it shall organize relevant departments such as agriculture and rural areas and natural resources to complete the joint review work.
6． Township approval. Township and town people's governments shall, on the basis of the results of the joint examination of various departments, examine and approve the applications of rural villagers for residential land. Where upon review it is found that the application for residential land and the examination and approval of land use meet the requirements and the submitted materials are complete, they shall be approved, the "Rural Residential Land Approval Letter" and the rural construction planning permit shall be issued, and the examination and approval shall be reported in writing to the county-level agricultural and rural, natural resources and other departments for the record.
7. After the peasant households have approved the use of land to build houses, the township people's governments shall organize the departments of agriculture and rural areas, natural resources and housing construction to go to the scene to carry out on-site inspection and on-site measurement and approval of homesteads, and determine the location of the house.
8. After the completion of the construction of houses by peasant households, it is necessary to organize the departments of agriculture and rural areas, natural resources and housing construction to conduct on-site acceptance according to the content of examination and approval, and issue the "Rural Homestead and Housing Construction (Planning Permission) Acceptance Opinion Form".
9. After passing the acceptance, farmers need to apply to the real estate registration agency in a timely manner for the registration of real estate in rural real estate.
The above should be the most complete rural housing construction procedure, and all localities should make deletions according to local characteristics, but the unchanged logic is that the right to use the homestead must be obtained first, and then the rural construction planning permit must be obtained, and these two steps determine the area of the homestead and the area of the house.
<h1 class="pgc-h-arrow-right" data-track="30" > homestead/building area regulations</h1>
The "Land Administration Law" only stipulates that rural villagers can only own one homestead per household, and the area of homestead land is not specified, but stipulates that "the area of their homestead land shall not exceed the standards stipulated by provinces, autonomous regions, and municipalities directly under the Central Government" After inquiry, the regulations of each province are basically different, and some areas limit the area by household unit, some areas limit the area by the size of the household (how much family population), and some areas combine the two.
The liberalization of the three-child policy can be said to have an impact on the use of homesteads in all provinces across the country. For areas that restrict the average land use of households, it affects the number and area of homestead land applied for after the three-child growth recognition; for areas that restrict per capita land use, it affects the area of homestead application after the birth of the third child. The same is true for the area of the house built. illustrate:
Henan Province is a province with a large population, and its regulations are to limit the average land use per household, "the area of each homestead in the suburbs of cities and towns and in plain areas with less than 667 square meters of arable land per capita shall not exceed 134 square meters; in plain areas with more than 667 square meters of arable land per capita, the area of each homestead shall not exceed 167 square meters; and the area of each homestead in mountainous and hilly areas shall not exceed 200 square meters." Regarding the area of housing construction, "in principle, low-rise houses with no more than three floors are the mainstay, and it is not planned to build houses with more than three floors." "That is, the maximum construction area does not exceed 600 square meters.
Chongqing Municipality stipulates that the standard of villagers' homestead land within the urban area is 20 to 25 square meters per person, and the standard of villagers' homestead land within other districts and counties (autonomous counties and cities) is 20 to 30 square meters per person, and households with less than 3 people are calculated as 3 people, 4 households with 4 people are counted as 4 people, and households with more than 5 people are counted as 5 people.
<h1 class="pgc-h-arrow-right" data-track="31" > lawyers interpret</h1>
The liberalization of the birth policy and the expansion of the family population reflect the "home" that is closely related to the life of the Chinese, which means a larger house and more rooms. Prosperity is a good wish and wish of the Chinese tradition, but economic and social development is bound to increase the cost of childbirth, and whether to have three children depends on the decision of each family.
(Author Li Yinlei, Trainee Lawyer)