As the foundation of peasant families, rural homesteads have played an important role in the process of building a new socialist countryside in rural areas and realizing the peaceful residence of peasants. However, the legitimacy of rural homesteads is not fixed, but is influenced and adjusted by policies. At present, the management of rural homesteads mainly follows the principle of "separation of powers", that is, farmers' ownership, use rights and income rights of homesteads belong to different subjects. Therefore, farmers need to comply with the relevant management measures when using homesteads to build houses.
The purpose of rural homestead management is to ensure the legal use of homestead land by farmers and to avoid problems such as illegal construction of houses and multiple houses per household. In order to achieve this goal, various localities have formulated a policy of "one house per household", requiring rural households to own only one homestead, and the area of the homestead cannot exceed the prescribed standard. In addition, some regions have also refined the relationship between the number of people in the household and the area of the homestead land, and set specific standards for small, medium and large households. Such a policy aims to avoid indiscriminate construction and waste of land resources, and better realize the fairness and justice of homestead management.
With the implementation of the policy of "one house per household", the problem of "multiple houses per household" in rural areas has been rectified, and among these problems, it can be divided into three main categories of houses that need to be demolished: building new houses without demolishing old houses, illegal buying and selling, and building houses on farmland.
1.Building new houses without demolishing old houses: According to the regulations on rural homestead management, residents need to demolish the original old houses when applying to build new houses, but some villagers choose to build houses in other places in order to improve their living environment, which leads to the fact that the original old houses are not demolished. However, the coexistence of keeping old houses and building new ones violates the "one house, one house" rule and therefore requires mandatory demolition.
2.Illegal sale: Rural houses and homesteads can only be circulated within the village, and must comply with the policy of "one house per household". If a peasant family already owns a homestead, it cannot be bought or sold again, otherwise it will form a "multi-family house", which belongs to the category of illegal trading, and such houses also need to be demolished or returned.
3.Cultivated land to build houses: There is a bottom line for the use of rural homesteads, that is, cultivated land cannot be occupied to build houses. ** The "eight prohibitions" for building houses on cultivated land have been formulated, and for those who violate the regulations to build houses on cultivated land, they need to be demolished and fined. Therefore, villagers should avoid occupying cultivated land when building houses, and if this is not possible, they also need to obtain permission to occupy the land through legal channels.
However, not all "multi-family homes" are illegal, and not all illegal ones need to be demolished. Depending on the specific situation, legal "multi-family homes" can be divided into five categories, which do not need to be demolished and comply with relevant policies and regulations.
1.Separate household construction: For rural households that meet the conditions for household separation, they can apply for homestead land again for household construction. Such a sub-household construction is in line with the regulations and is conducive to meeting the needs of sub-households, so it does not need to be demolished.
2.Multi-house area compliance regulations: The total area of a multi-family house does not exceed the specified area, even if it is slightly higher than the prescribed standard, as long as it does not exceed a certain limit, it will not be demolished.
3.Inherited Houses: Rural houses can be inherited, so there are many cases where there are legal inheritances of houses. Such a multi-family house is legal, but care should be taken not to renovate it during repair and maintenance.
4.Legal sale: A multi-family house formed through legal sale does not need to be demolished as long as it complies with relevant policies and regulations.
5.Large population: When the family population is large and the homestead standard cannot meet the residential needs, you can apply for the homestead to build a house again. Such a situation is also legal and does not need to be demolished.
The management of rural homesteads is to protect the legitimate rights and interests of farmers and the effective use of land resources. Under the policy of "one house per household", the problem of multiple houses per household in rural areas has been rectified. According to the policy, the construction of new houses without demolishing old houses, illegal sales and construction of houses on farmland need to be demolished. However, in the case of separate household construction, multi-house area compliance regulations, inherited houses, legal sales and large populations, etc., multi-family houses are legal and do not need to be demolished. Therefore, rural residents should understand the relevant policies when building houses, abide by management regulations, and ensure that their houses are legal. It is necessary to rectify the illegal multi-family houses in a timely manner to ensure the management order of rural homesteads and the legitimate rights and interests of farmers.