Strengthening the management of residential land use and further promoting and deepening the reform of the land system is a nail in the coffin, which can not only effectively rectify a series of problems such as long-term idle residential land, multiple houses per household, and over-occupation, but also help the overall planning and unified construction of new rural areas from the perspective of long-term sustainable development. In this process, the investigation of rural land use and the thorough rectification of the phenomenon of illegal land use that is inconsistent with the principle of "one household and one house" have become the focus of attention of the vast number of peasant friends.
What is a family and a house? In terms of terminology, one household and one house are in accordance with the relevant provisions of the Land Management Law, and a household can only apply for a homestead and build a house on the homestead, which is called one household and one house. To put it simply, "one household" is a resident household in the legal sense, and several people in the "one household" belong to "one household", and 5 people in a "household registration book" belong to a household, and 10 people also belong to one household.
The "one house" is mainly based on whether the actual land area of the homestead exceeds the local area standard, assuming that the actual use area of the homestead is more than the local "one household" standard use area, it belongs to "multiple houses", and vice versa belongs to "one house". So, how much area is counted as "one house"? Let's take Henan as an example and introduce the area limit standard of "one house".
The standards for the use of residential land for rural residents in Henan Province are as follows:
(1) Urban suburbs and plain areas with per capita cultivated land below 667 square meters, each household land shall not exceed 134 square meters;
(2) In plain areas with more than 667 square meters of arable land per capita, the land used by each household shall not exceed 167 square meters;
(3) The land used by each household in mountainous and hilly areas shall not exceed 200 square meters.
It can be seen from this that within the scope of Henan Province, whether it is a mountainous area or a plain, as long as the use area of a family's homestead does not exceed 134 square meters, the pipe is one or more homesteads, all of which meet the conditions of one household and one house, and will not be affected in the process of national rectification. The reason why the state promotes one household and one house, on the one hand, is to avoid unnecessary destruction and waste of homestead resources, on the other hand, it is also from the perspective of protecting cultivated land to prevent more cultivated land resources from being occupied and built. However, in real life, the phenomenon of multiple houses in one family is emerging in an endless stream.
For example, a multi-family house formed by legal inheritance; a multi-family house caused by historical factors; a multi-family house formed due to the over-occupation of the homestead area; and so on. It is necessary to remind everyone that not all "one family and multiple houses" are violations, and in the following three cases, even if it is "one family and multiple houses", it is currently in line with the relevant provisions of the state.
(1) "One family with multiple houses" formed by the inheritance of homestead houses by children, which is in line with the relevant provisions of the Civil Code;
(2) There are two or more homesteads, but the overall construction area does not exceed the limited standards stipulated by the local regulations, which also meets the principle of "one household and one house";
(3) In principle, the homestead acquired after passing the "legal" household separation procedure also complies with the relevant provisions of "one household and one house".
It is understood that according to the No. 1 document issued by the central government in 2021, in addition to the corresponding support and incentives for rural development in terms of policies and funds, in the management of land use, especially for the non-agricultural treatment of cultivated land and the indiscriminate occupation of cultivated land to build houses, violations of the principle of one household and one house, will be further strictly investigated and rectified to ensure standardized land use and compliant land use. In this context, there is no doubt that the value of homestead land will be further enhanced, and the "kinetic energy" of land will be further released. What is your opinion on this? Feel free to share it with us in the comments section.