What should I do if the more house sites are "one household and one house"?4 cases do not need to be disassembled
Author:Sannong science popularization Time:2022.06.29
Living in rural areas, with a homestead, can we get more policies to benefit the people. However, there have been more problems around the homesteads in recent years. Some people have a large area of homesteads, with multiple sets of homesteads, and some people have not been divided into a set of homesteads from birth to marriage.
In order to avoid these problems and contradictions occur again, and to ensure that land resources are not wasted, in recent years, "one household and one house" has been proposed to reflect its fairness.
So what is one house and one house?
"One household, one house" means that a household can only have a homestead, and it cannot apply for the first homestead again by this household name.
However, the Land Management Law also clearly states that villagers can be allowed to buy other people's real estate or receive real estate gifts from others in the village. What needs to be understood is that the homesteads of these real estate are also coming, which is equivalent to you have multiple real estate and homesteads. In this way, there are many houses in some people, so is it "one house and one house"? According to the current Land Management Law, you are still a house and a house. Because this household has only applied for a homestead, it must be clear.
So, if it is determined to be a "one household and multiple homes" or beyond the prescribed area, what should I do?
1. Paid use
Each region is still different for the standards and regulations of this part of this part and the charging standards. It is formulated in conjunction with some local conditions and status quo. We can go to the local relevant departments to consult in detail.
Like the area of the starting point of the "one household and one house", which is the area we said, the more part of the area we said, and the step -type billing is implemented. For example, exceeding the prescribed area of 1-50 square meters, charging at 2.5 yuan/square meter per year; exceeding the specified area of 51-100 square meters, charging at 5 yuan/square meter per year; exceeding the specified area of 101-200 square meters, 10 per year per year Yuan/square meter charging; exceeding the specified area of 201-300 square meters, charging at 20 yuan/square meter per year. In addition, according to the regulations exceeding the part of more than 300 square meters, the use of paid use policies is not encouraged, and it may be recovered by the village. The specific regulations shall be subject to local regulations.
In short, regardless of the implementation of the area, the extra area is charged, and the more than the more, the more charges. For those who have a large area exceeding relatively large people, pay this money annually, and it is a lot of costs to accumulate all year round.
2. Voluntary exit
Voluntary exit can get certain compensation, so how much can I get? This is a question that many people care about.
The policies in each region are different. It is also necessary to formulate the amount of compensation in conjunction with the local situation. Generally, the village collective meeting in the village where the village is located is determined. To put it plainly, everyone has to sit and discuss together to avoid the contradictions.
Like some areas, voluntarily exiting can compensate about 200-300 yuan per square meter. Of course, there will be some other preferential policies, such as farmers who voluntarily withdrawn from the homestead, they may have moved to other places or settled in towns. Preferential policies for house purchase as encouragement.
Like some regions, as long as the villagers voluntarily withdrawn from the homestead, they can enjoy the government's tax subsidy and children's enrollment and some preferential policies. Therefore, paid exit can still get some real things.
In fact, if the countryside is not relocated to the city, few will voluntarily withdraw from the homestead.
3. Demolition
Since entering 2022, what are the specific regulations for the implementation of "four forbidden and two demolition" for rural houses?
First, take a look at the "Four Prohibitions"
1. It is forbidden to withdraw from the exit of the homestead as the front conditions for farmers to enter the city to buy a house;
2. It is forbidden to force farmers to concentrate in the name of Hecun and Town, Hecun, and the construction of new rural areas;
3. It is forbidden to violate the wishes of farmers to force the demolition or the transfer of the homestead;
4. It is forbidden to recover illegal recycling villagers' homesteads.
Let's take a look at "two demolition"
1. The hollow dilapidated house that has disrupted for a long time should be demolished;
2. Houses that occupy illegal cultivation of cultivated land should be demolished without authorization.
There is no need to disassemble these 4 cases below.
1. Real estate that is legally inherited
There is no need to explain too much. Everyone understands that the inherited house is legal. In addition, it was mentioned just now that the inherited house will come with the homestead, in line with the "one household, one house", not belongs to a multi -house, and the village collective has no right to recover and demolish.
2. Legal trading
Can I buy and sell rural homesteads? The answer is okay, but pay attention to the following three things, otherwise, it is not allowed to buy and sell.
The first thing: Rural homesteads can only be sold to the villagers in the village, because the homestead is owned by the village, and you sell it to the villagers in other villages. How can the village collective agree.
The second thing: If we sell the homestead this time, we cannot apply for the homestead again. Because, this will violate the "one household, one house" regulations, and the rules of one house and one house, the front of the article has been said, and no longer repeat it.
The third thing: We signed a sales contract. After receiving the money, we must go to the Real Estate Registration Center to go through the change procedures for the main body of the house site, so that we can be the new owner of this house and homestead. If you do not go through the procedures, even if you receive the money, this homestead and the house above are not yours. This is very important. The real estate and homesteads obtained by the above legal compliance meet the requirements of "one household, one house", and the village collective has no right to recover and demolish.
3. One household and multi -house caused by households
There are also conditions for households, and some cases are not allowed to be divided into households. For example, the only child cannot be divided into households, but the existing homestead area can be met in the house on the homestead. Therefore, there are only one child in the family that generally do not give the households. Anyway, children are not yet able to live independently, and they cannot apply for dividends when they are not 18 years old. In addition, the demolition area is also prohibited from dividing households.
However, the homestead must also meet the principle of "households living". There are many children in the family. After marriage, you can choose another house site to build a house. In this case, you can divide the households. "House" requires.
The village collectives have no right to recover and demolish the houses and homesteads obtained in this way.
4. The total area does not exceed the specified homestead site
It stipulates that there are multiple homesteads in the village, but the total area of all homesteads has not exceeded the local standards. This situation is limited by conditions in the local area and allows existence, and even a household multiple houses will not be demolished.
However, it should be noted that there must be legal procedures. If there is no procedure, you must make up for the relevant procedures. In this case, there are more than one in the village.
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