1.What is a Rural Homestead?The notice of the Ministry of Agriculture and Rural Affairs of the Office of the Rural Work Leading Group on Further Strengthening the Management of Rural Homesteads (Zhong Nong Fa 2019 No. 11) stipulatesRural homestead land refers to the collective construction land used by rural villagers for the construction of houses and their ancillary facilities, including land for housing, ancillary buildings and courtyards, excluding agricultural production land connected to homestead land and idle land occupied by rural households beyond the scope of homestead land. 2.Who owns the homestead?Rural homesteads are collectively owned by the members of the collective. Article 10 of the Constitution of the People's Republic of China stipulates that land in rural areas and suburban areas shall be collectively owned, except as provided by law for the StateHomesteads, self-cultivated land, and self-cultivated mountains are also collectively owned. Article 59 of the Property Law of the People's Republic of China (hereinafter referred to as the Property Law) stipulates that the immovable and movable property owned by rural collectives shall belong to the collective ownership of the members of the collective. Article 9 of the Land Management Law of the People's Republic of China (hereinafter referred to as the Land Management Law) stipulates that homestead land belongs to farmers' collectives. Article 11 of the Land Management Law stipulates that land owned by peasant collectives belongs to village peasant collectives in accordance with the law, and shall be operated and managed by village collective economic organizations or villagers' committeesWhere a peasant collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by the rural collective economic organization or villager group in the village;Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations. 3. What rights and obligations do farmers have over homesteads?Article 152 of the Property Law stipulates that the owner of the right to use the homestead shall be in accordance with the lawThe right to occupy and use collectively owned landThe right to use the land for the construction of dwellings and ancillary facilities in accordance with the law. Article 10 of the Land Management Law stipulates that farmers have the right to use homestead land in accordance with the law, and have the obligation to protect, manage and rationally use homesteads. 4. What is "one household, one house"?Article 62 of the Land Administration Law stipulates that a rural villager household can only own one homestead land, and the area of the homestead land shall not exceed the standard set by the province, autonomous region or municipality directly under the Central Government. Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved. The Notice of the Ministry of Agriculture and Rural Affairs of the Office of the Rural Work Leading Group on Further Strengthening the Management of Rural Homesteads stipulates that rural villagers should build houses in strict accordance with the approved area and building standards, and it is forbidden to build without approval and occupy homestead land in excess of the area. If the relocation of residential buildings has been approved, the original homestead shall be returned to the village collective in strict accordance with the requirements of "building new and demolishing the old". Problems such as the excessive area of homesteads formed in history and the "multiple houses per household" should be identified and disposed of in accordance with the relevant policies and regulations5. What is the difference between a farmhouse and a commercial house?Farmhouse is a house for villagers to live in the countryside, and the main differences from commercial housing are:First, the nature of the land is differentThe construction of rural houses occupies collectively owned land, while commercial housing occupies state-owned construction land. Second, the way of obtaining is differentOnly qualified members of rural collective economic organizations are allowed to apply for homestead land for construction, and commercial housing is developed and constructed by enterprises with real estate development qualifications to obtain state-owned construction land. Third, the land use period is differentCurrent laws and policies do not specify the term of the right to use rural homesteads;The land use period of commercial housing land is generally 70 years, and if the use right expires, it will be automatically renewed. Fourth, the trading conditions are differentFarmhouses can only be traded within the collective economic organization of the village after approval to members who meet the qualifications for homestead allocation, and may not be mortgaged;Commercial housing can be marketed**, leased and mortgaged, and traded freely. 6. What conditions need to be met to apply for the right to use the homestead?Rural villagers who meet one of the following conditions may apply for the use of homestead land on a household basis: (1) If it is really necessary to divide the household due to adulthood, marriage, etc., and the original homestead cannot be resettled;(2) Immigrants who settle down and become members of the collective economic organization, do not have homestead land in the collective, and have been approved by the democratic procedures of the collective economic organization;(3) It is necessary to relocate and resettle due to the occurrence or prevention of natural disasters, the implementation of village and market town planning, and the construction of township (town) village public facilities and public welfare undertakings;(4) Other circumstances provided by laws and regulations and as determined by the people at or above the county level. Note: The people at the county level can make detailed provisions in light of the actual situation. 7. What are the circumstances under which rural villagers will not be approved to apply for homesteads?Rural villagers applying for homestead land shall not be approved under any of the following circumstances: (1) they do not meet the age requirements and other conditions for household division;(2) It does not conform to the territorial spatial planning of townships and towns or village planning;(3) Applying for new housing, but refusing to sign an agreement with the collective economic organization to return the original homestead;(4) There is a dispute over the ownership of the homestead applied for;(5) After selling, renting, donating or changing the original homestead or housing to a business place for non-residential purposes, apply for the homestead again;(6) The original housing has been expropriated in accordance with the law and has been resettled;(7) There is illegal land use or illegal housing construction has not been dealt with;(8) Other circumstances provided for by laws and regulations and as determined by the people at or above the county level. Note: The people at the county level can make detailed provisions in light of the actual situation. 8. Does the original site renovation need homestead approval?Approval required. The Notice of the Ministry of Agriculture and Rural Affairs and the Ministry of Natural Resources on Standardizing the Approval and Management of Rural Homesteads (Nong Jing Fa 2019 No. 6) stipulates that the approval procedures for homesteads need to be initiated for the renovation, reconstruction and expansion of the original site of the homestead and the new construction of the new site. 9. How do rural villagers apply for homesteads?Generally speaking, rural households that meet the requirements for homestead application shall submit a written application to the rural collective economic organization with homestead ownership on a household basis. If there is no group-level collective economic organization, the villagers shall apply to the villagers' group. Where there is no separate villagers' group or the application for homestead land and building has already been handled by the village-level organization, the villagers shall directly submit an application to the village-level organization. 10. Who approves the homestead?According to the fourth paragraph of Article 62 of the Land Management Law, the residential land of rural villagers shall be reviewed and approved by the people of the township (town).Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law. Article 44 stipulates that if the construction occupies land and involves the conversion of agricultural land into construction land, the examination and approval procedures for the conversion of agricultural land shall be completed. What is the conversion of agricultural land?In accordance with the provisions of Article 4, Paragraph 3 of the Land Administration LawAgricultural land refers to the land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, aquaculture water surface, etc. The conversion of agricultural land is the act of converting agricultural land into construction land in accordance with the overall land use plan and annual utilization plan, and in accordance with the approval authority of the law (Article 44 of the Land Management Law). Can rural homesteads and farmhouses be inherited?Rural homesteads cannot be inherited alone. Peasant households may inherit in accordance with the law. The ownership of rural homesteads, the right to use homesteads and the ownership of houses are separated, with the ownership of homesteads belonging to the peasant collectives, and the ownership of homesteads and houses belonging to rural households. The owner of the right to use the homestead land shall take the household as the unit and enjoy the right to occupy and use the homestead land in accordance with the law. In the case of the death of a member of the household and the survival of the farmer, there is no problem of homestead inheritance. When the peasant household dies, the subject of rights no longer exists, and the right to use the homestead is lost. At the same time, according to the relevant provisions of the inheritance law, the decedent's house is inherited by the heirs as their inheritance. Since the property cannot be separated, the heirs can use the homestead in accordance with the law after inheriting the house and obtaining the ownership of the house, but they do not obtain the right to use the homestead in the nature of usufruct13. Can urban residents go to the countryside to buy homesteads?No. The Decision on Deepening Reform and Strict Land Management (Guo Fa 2004 No. 28) clearly stipulates that urban residents are prohibited from purchasing homesteads in rural areas. The Notice of the Ministry of Agriculture and Rural Affairs of the Office of the Rural Work Leading Group on Further Strengthening the Management of Rural Homesteads stipulates that homesteads are the basic housing guarantee for rural villagers, and it is strictly forbidden for urban residents to buy homesteads in rural areas, and it is strictly forbidden to use rural homesteads to build villa compounds and private clubs in rural areas. It is strictly forbidden to occupy or buy or sell homestead land in violation of laws and regulations in the name of circulation.
14. Can the homestead be transferred?
*The Notice of the Ministry of Agriculture and Rural Affairs of the Office of the Rural Work Leading Group on Further Strengthening the Management of Rural Homesteads stipulates that on the premise of obtaining the consent of the homestead ownerRural villagers are encouraged to transfer homestead land within their collective economic organizations to rural households that meet the conditions for applying for homestead land. All localities can explore ways to guide and standardize the transfer behavior by formulating model contracts for homestead transfer. After the transfer contract takes effect, the procedures for changing the right to use the homestead shall be completed in a timely manner. It should be noted that the transferee must meet the conditions for homestead application;If the transferor is "one house per household", it must clearly state that it will no longer apply for a homestead and that it has housing security. 15. Do farmers who settle in the city have to quit their original homesteads?
Article 62 of the Land Management Law stipulates that the State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law. Document No. 1 of 2019 stipulates that farmers should insist on protecting their land rights and interests, and shall not use the withdrawal of contracted land and homestead land as a condition for farmers to settle in cities. The Notice of the Ministry of Agriculture and Rural Affairs of the Office of the Rural Work Leading Group on Further Strengthening the Management of Rural Homesteads stipulates that the qualification rights of homestead farmers and the property rights of farmers' houses should be fully guaranteed. It is not allowed to forcibly transfer homestead land against the will of the peasants or force the peasants to "go upstairs" in any name, they must not illegally take back the homestead land lawfully acquired by peasant households, and they must not use the withdrawal of homestead land as a condition for peasants to settle down in cities. 16. Is there a limit on the height and area of the houses built by the villagers?
There are restrictions. The standards for the floor height and floor area of the above-ground houses on rural homesteads shall be limited by the people of each county (city, district) in light of local conditions.
17. How to meet the housing needs of farmers in areas with less land per capita?
*The Notice of the Ministry of Agriculture and Rural Affairs of the Office of the Rural Work Leading Group on Further Strengthening the Management of Rural Homesteads stipulates that villages outside the scope of urban construction land should increase the space of homesteads and meet the housing needs of rural households that meet the conditions for homestead allocation by giving priority to the planning indicators of new construction land, village renovation, and vacating abandoned homesteads. Within the scope of urban construction land, the residential needs of farmers can be met through the construction of peasant apartments and peasant residential quarters. 18. Under what circumstances can a village collective take back a farmer's homestead?
In any of the following circumstances, the village collective may recover the right to use the homestead with the approval of the people who originally approved the land: (1) If the land needs to be used for the construction of public facilities and public welfare undertakings in the township (town) village, the right to use the homestead foundation shall be recovered collectively, and appropriate compensation shall be given to the person with the right to use the homestead;(2) Failure to use the homestead in accordance with the approved purpose;(3) The use of homestead land is stopped due to revocation, relocation, etc.;(4) The land use right shall no longer be determined for homesteads that are idle or whose houses have collapsed or been demolished and have not been restored for more than two years. If the right to use has been determined, the collective shall report to the people at the county level for approval, cancel its land registration, and collectively recover the right to use the homestead;(5) If the homestead of non-agricultural residents (including overseas Chinese) in rural areas has not changed, the right to use collective construction land may be determined in accordance with the law. If the house is not approved for reconstruction after demolition, the right to use the homestead shall be recovered collectively;(6) When determining the right to use the homestead of rural residents, if its area exceeds the standard prescribed by the local government, the number of areas exceeding the standard may be indicated in the land registration card and warrant. In the future, when the house is built separately or the existing house is demolished, rebuilt, renovated or rebuilt according to the law, the right to use shall be redetermined according to the area standard stipulated by the local government, and the excess part shall be recovered by the collective(7) Other circumstances stipulated by the local government. 19. What are the ways to revitalize and utilize idle homesteads and idle farmhouses?
The notice of the Ministry of Agriculture and Rural Affairs on actively and steadily carrying out the revitalization and utilization of rural idle homesteads and idle residences stipulates that rural collective economic organizations and their members are supported to revitalize and utilize rural idle homesteads and idle houses in various ways such as self-management, leasing, shareholding, and cooperation. Support returnees to develop suitable rural industrial projects based on their own and idle residences. Guide enterprises to participate in the revitalization and utilization work. However, it is necessary to prevent the encroachment on cultivated land, large-scale demolition and construction, and illegal development, and ensure that idle rural homesteads and idle residences that are revitalized and utilized are obtained in accordance with the law and have clear ownership. According to the notice of the Ministry of Agriculture and Rural Affairs on actively and steadily carrying out the revitalization and utilization of rural idle homesteads and idle residences (Nong Jing Fa 2019 No. 4), there are three main ways:The first is to encourage the use of idle housing to develop new industries and new forms of business in line with rural characteristics, such as leisure agriculture, rural tourism, catering and homestays, cultural experience, creative office, and e-commerce. The second is to encourage the use of idle housing to develop agricultural products cold chain, primary processing, warehousing and other primary, secondary and tertiary industry integration development projects. The third is to support the adoption of sorting, reclamation, greening and other methods to carry out the renovation of rural idle homesteads, and use policies such as linking the increase and decrease of urban and rural construction land and entering the market for collective management construction land in accordance with laws and regulations, so as to provide land and other elements of guarantee for farmers' housing construction, rural construction and industrial development. 20. Farmhouses for rentWhat is the maximum number of years?
Article 214 of the Contract Law stipulates that the term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid. At the expiration of the lease term, the parties may renew the lease contract, provided that the agreed lease term shall not exceed 20 years from the date of renewal. The Notice of the Ministry of Agriculture and Rural Affairs of the Office of the Rural Work Leading Group on Further Strengthening the Management of Rural Homesteads stipulates that urban residents and industrial and commercial capital who lease farmhouses to live or carry out business shall strictly abide by the provisions of the Contract Law, the term of the lease contract shall not exceed twenty years. After the expiration of the contract, the parties may agree otherwise. 21. Can rural homesteads and peasant houses be mortgaged?
Except for the areas authorized by the Standing Committee of the National People's Congress to carry out pilot projects on the mortgage of farmers' housing property rights, rural homesteads and farmhouses in other placesCannot be mortgaged. Article 184 of the Property Law stipulates that the use rights of collectively owned land, such as cultivated land, homestead land, self-reserved land, and self-maintained mountains, shall not be mortgaged, except where they may be mortgaged as prescribed by law. Article 37 of the Guarantee Law stipulates that the use rights of collectively owned land, such as cultivated land, homestead land, self-reserved land and self-maintained mountains, cannot be mortgaged. At the same time, Article 182 of the Property Law stipulates that if a building is mortgaged, the right to use the construction land within the scope occupied by the building shall be mortgaged together. If the right to use the land for construction is mortgaged, the buildings on the land shall be mortgaged together. That is to say, China implements the principle of "integration of housing and land", because the right to use the homestead cannot be mortgaged, resulting in the fact that the farmhouse on it cannot be mortgaged. How to solve the dispute over the right to use the homestead?
Article 14 of the Land Management Law stipulates that disputes over land ownership and use rights shall be settled by the parties through negotiationIf the negotiation fails, it will be handled by the people. Disputes between units shall be handled by the people at or above the county level;Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level. Where the parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision. Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use. 
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