1. City people can't build houses in rural areas without homesteads. But there are also many people who just live in cities, registered permanent residence or rural registered permanent residence, and have homesteads in rural areas. In this case, they can build houses in the countryside after approval.
2. Urban hukou residents cannot build houses in rural areas. The rural areas are now implementing the policy of "one household, one house", and villagers are not allowed to apply for homestead after selling it. If you go through the formalities as a seller, you should consider whether there are multiple houses under the seller's name and whether the land and housing rights are protected by law.
Second, is there any subsidy for non-agricultural hukou to build houses in rural areas?
Under normal circumstances, villagers in agricultural registered permanent residence can enjoy certain subsidies for building houses in rural areas, but there are certain conditions. At present, only four groups of people, such as poor rural households, rural households with dangerous houses, relocated households and new rural construction households, can enjoy the state-related housing subsidies, such as the well-known subsidies for the renovation of dangerous houses. The specific standards and amount of housing subsidies can be determined according to local policies. Therefore, it can be understood that there is no subsidy for non-agricultural households to build houses in rural areas. Although there is no subsidy for building, there is no difference in compensation when demolition. Even non-agricultural registered permanent residence can receive compensation for house demolition in rural areas.
Third, how to turn non-agricultural registered permanent residence into agricultural registered permanent residence?
To sum up, non-agricultural registered permanent residence housing in rural areas is still troublesome, and there is no subsidy. So many people want to move their accounts back. After all, now that the countryside has developed, it is still very cost-effective to move back, and you can return to your roots when you are old. But it is not easy to change from agricultural registered permanent residence to agricultural registered permanent residence. The following four situations can be realized:
1, one of the husband and wife is a rural hukou.
If one of the husband and wife is a rural registered permanent residence and the other is an urban registered permanent residence and wants to transfer to agricultural registered permanent residence, no matter whether they are from other provinces or local, they can apply to the relevant departments.
2. Move out the registered permanent residence in order to go to school.
Rural students who have moved out of their hukou after being admitted to the university can apply to move their hukou back to the countryside after graduation.
3. Long-term unemployment in the city, parents are rural hukou.
If both parents are rural hukou and can prove that they have been unemployed for a long time in the city and have no financial resources, they can apply to move their hukou back to the countryside.
4. Owning homestead in rural areas
According to the principle of "the land follows the house", non-agricultural registered permanent residence children can enjoy the rural homestead by inheriting the house. In this case, they can also apply to move their hukou back to the countryside.
4. What are the rules for building houses in rural areas?
1, houses cannot be built on cultivated land.
Unauthorized occupation of cultivated land for building houses violates the relevant provisions of the Land Management Law, which belongs to illegal land occupation. Houses built are subject to fines, demolition and other penalties.
2, need to meet the requirements of "one household, one house"
The principle of "one household, one house" in rural areas cannot be violated. If you want to rebuild a house, you must first apply separately. Of course, "one household with multiple rooms" also exists legally. As long as it is legal, neither the village collective nor the village committee can forcibly take back the homestead for any reason.
Don't occupy too much land.
Rural housing also has strict requirements for the use area, but different areas have different standards for the area. For example, Hubei province requires that the agricultural land used by each household should not exceed 140 square meters; Jiangxi province requires the occupation of homestead and Chigo land in the village, and each household shall not exceed 180 square meters; Shandong province requires that the area of urban households should not exceed 166 square meters.
4. The storey height is limited.
According to the relevant provisions of the Technical Policy for Rural Housing Construction (Trial), the height of rural housing is required to be 2.6-3 meters, with a maximum of 3.3 meters; In terms of floors, vertical households are required to be controlled at 2-3 floors and horizontal households at 4-5 floors.
5. It cannot be built without approval.
It is illegal to build a house without approval, so this situation is not allowed.
Generally speaking, non-agricultural registered permanent residence houses in rural areas must meet the corresponding preconditions. Even if it cannot be built, rural housing can be obtained through inheritance. There is no hukou restriction for rural housing inheritance, or it is ok to move the hukou back directly. However, you must think twice before changing your account. Although agricultural registered permanent residence can enjoy many preferential policies and housing subsidies, the advantages of urban hukou are obvious, especially in education and medical resources. Therefore, whether you can build a house or not, it is best to know the relevant local policies in detail in advance.
V. Rural housing conditions
1, control the building area
The main purpose of building houses in rural areas is to meet the basic living functions and safety. The state stipulates that from 2020, the housing area and total cost of the rural poor will be strictly controlled, and the phenomenon of poverty caused by decoration will be absolutely prohibited. The new housing area should be strictly controlled within 60 square meters.
2. Ensuring the structural safety of houses As we all know, houses in rural areas are basically occupied by farmers, so building houses can be left to future generations. Through active guidance, the rural government can avoid blindly comparing and exceeding the standard to build houses, and ensure the structural safety after building houses is the first.
3. Pay attention to the local architectural style of the house.
At present, China has gradually established a rural housing construction plan and introduced supporting measures. Rural housing can be expanded according to local architectural characteristics and farmers' wealth, reflecting the traditional style and rural scenery of rural housing.
legal ground
People's Republic of China (PRC) Civil Code
Article 349 Whoever establishes the right to use construction land shall apply to the registration authority for registration of the right to use construction land. The right to use construction land is established at the time of registration. The registration authority shall issue a certificate of ownership to the owner of the right to use the construction land.
Article 350 The owner of the right to use construction land shall make rational use of the land and may not change the use of the land. Need to change the land use, shall be approved by the relevant administrative departments in accordance with the law.
Article 351 The owner of the right to use the construction land shall pay the leasing fee and other expenses in accordance with the law and the contract.