Can I still buy small property right house

category:Finance
 Can I still buy small property right house


The plan also stipulates that all commercial houses developed on collectively owned land shall not be registered. Urban residents who illegally purchase rural house sites and houses on the ground shall not be granted the right to register.

The registration scope of confirmation and registration of rural homestead and collective construction land is the rural homestead, collective construction land and the permanently existing and structurally complete main rural houses within the scope of collective land in the city, excluding the temporary buildings and structures such as simple houses, shed houses, farm tools houses, enclosed houses and toilets. All commercial houses developed on collectively owned land shall not be registered.

If the area exceeds one household and one house, the excess part will not be registered

If the land area and building area of the houses that meet the right confirmation registration exceed the standard of one household, one house, the right confirmation registration shall be made according to the area specified in the standard, and the excess part shall be indicated in the column of the registration book and the attachment of the ownership certificate not to be registered as the ownership area. The standards for the land use area and the built-up area of the houses on the stock homestead shall be determined by the peoples Government of each district according to the historical implementation policies of the jurisdiction. The farmers houses built after July 15, 2015 shall be handled according to the current relevant laws and regulations.

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The full text of the scheme is as follows:

The work plan of confirming, registering and Issuing the right of rural homestead and collective construction land of real estate integration in Guangzhou

In order to speed up the registration and certification of real estate integration rural homestead and collective construction land in Guangzhou (hereinafter referred to as real estate integration registration and certification), ensure that the task of real estate integration registration and certification is basically completed by the end of 2020, protect the legitimate property rights and interests of farmers, promote the implementation of the strategy of rural revitalization, maintain the harmonious and stable social order in rural areas, combined with China According to the actual situation of the city, this plan is specially formulated.

1u3001 Target task

In the way of general registration, we will focus on the unified registration of the use right of the rural homestead, collective construction land and the ownership of the above ground houses that meet the conditions of registration and certificate issuance, and ensure that the real estate integration registration and certificate issuance work will be basically completed by the end of 2020.

2u3001 Scope of registration

Within the scope of collective land of the whole city, the rural homestead, collective construction land that meet the conditions of registration and certificate issuance, and the permanently existing and structurally complete main rural houses on the land do not include the temporary buildings and structures such as simple houses, shed houses, farm tool houses, enclosed houses, toilets, etc. All commercial houses developed on collectively owned land shall not be registered.

3u3001 Applicant

uff081uff09 The main body applying for registration and certification of homestead and above ground house ownership.

In principle, it is a member of the collective economic organization of the village. It can also be the head of the household or the representative of the family members with the consent of all the family members. In case of any of the following circumstances and confirmed by the villages collective economic organization, registration and certificate issuing can also be applied for according to the regulations: the former members of the villages collective economic organization legally obtain the right to use the homestead or the ownership of the house, and move out the household registration due to marriage, employment, investment and other reasons; the non members of the villages collective economic organization move out due to poverty alleviation, geological disaster prevention, new rural construction, resettlement, etc Where the government uniformly plans and approves the use of the homestead for building houses; where the members of the collective economic organization of the village who have owned a homestead and the members of the non collective economic organization of the village occupy the rural homestead due to the inheritance of houses; where the house property rights of the residents (including overseas Chinese) who have legally acquired the homestead and houses in the countryside have not changed. Urban residents who illegally purchase rural house sites and houses on the ground shall not be granted the right to register.

uff082uff09 The main body applying for registration and certification of the use right of collective construction land and the ownership of the above ground buildings and structures.

Township (street) village enterprises and institutions, rural collective economic organizations and villagers committees approved to use collective land for public welfare undertakings and public facilities of township (street) villages; subjects approved to use collective land for various industrial and commercial enterprises (including state-owned, collective, private enterprises, individual industrial and commercial households, foreign-funded enterprises, joint-stock enterprises, joint ventures, etc.); approved The subject who is allowed to use collective land to establish public facilities and public welfare undertakings; the subject who is approved by the relevant national pilot reform policies for the use right of collective construction land and the ownership of the above ground buildings and structures.

4u3001 Principle of right confirmation and registration

According to the notice of the natural resources registration bureau on further completing the registration of real estate ownership in rural areas (natural resources registration letter [2019] No. 6), the notice of the Ministry of land and resources on further speeding up the registration and certification of homestead and collective construction land (land resources development [2016] No. 191), the notice of the office of the Department of natural resources of Guangdong Province on printing and distributing the promotion Township Notice on summary and document compilation of strategic land use policies for Village revitalization (ytzbh [2019] No. 224), notice of Guangdong Provincial Department of natural resources on printing and distributing the work plan of accelerating the promotion of real estate integration rural real estate registration and certification in Guangdong Province (ytzgz [2019] No. 11) and other documents, in accordance with the provisions of laws and regulations, respect history, face reality and serve the people For the benefit of the people , combing out the following reference opinions on the principle of right confirmation registration, each district shall determine the specific registration principle of the district in combination with the actual situation of the district and with the consent of the District Peoples government.

uff081uff09 The registration principle of the integration of stock homestead and real estate.

1. For the rural houses built before December 31, 1986, which have not been expanded or rebuilt up to now, they are approved by the rural collective economic organization or the neighborhood committee (hereinafter referred to as the village (community)) (confirm the owner, area, range of four boundaries and the date of building) and publicized for 30 days without any objection, and issue a certificate. After the village (community) submits it to the town (street) for examination and approval, they shall confirm the right to register Remember.

2. Have legal source materials of the right to use the homestead. (1) For the completed rural houses from January 1, 1987 to December 31, 1998, with the consent of the village (community) (confirming the owner, area, range of four boundaries and the date of building) and the public announcement for 30 days without any objection, a certificate shall be issued. After the village (community) reports to the town (street) to confirm that they meet the area standard of the jointly built houses, the right shall be confirmed and registered according to the measured housing area. (2) From January 1, 1999 to July 14, 2015, for the completed farmers houses, with the consent of the village (community) (confirming the right holder, area, range of four boundaries and the date of building) and public announcement for 30 days, there is no objection, and a certificate is issued. After the town (street) confirms that it meets the standard of one household, one house and building area, it shall be confirmed and registered according to the measured housing area.

3. For the houses without the source materials of the right to use the homestead and without the approval to occupy the land for construction, the historical use situation and current situation of the land shall be ascertained, and the right registration shall be carried out after the treatment according to the laws and regulations. It is strictly prohibited to legalize the illegal land use through the real estate registration.

(1) The completed rural houses from January 1, 1987 to December 31, 1998, which meet the qualification of building houses on the assigned homestead, are approved by the village (community) (confirm the owner, area, four to range and building age of the homestead) and publicized for 30 days without any objection, and the certificate is issued. If the town (street) confirms that they meet the standard of one family, one house and building area, the planning and Resource Department of the district shall After verifying that it is the construction land changed from January 1, 1987 to December 31, 1998, it shall be confirmed and registered.

(2) The completed rural houses from January 1, 1999 to December 31, 2009 are qualified to be built on the allocated homestead. If the village (community) agrees (confirm the owner, area, range of four boundaries and the date of building the house), and the town (street) announces no objection on the 30th, and the town (street) confirms that they meet the standard of one house, one house and the area of building the house, it is confirmed by the district planning and resource department as January 1, 1999 The construction land changed from December 1, 2009 to December 31, 2009 shall be confirmed and registered after it conforms to the current land use master plan.

(3) The completed rural houses from January 1, 2010 to July 14, 2015 are not included in the three-year action plan and annual plan of urban renewal, and they are qualified for housing construction of allocated homestead. If the village (community) agrees (confirm the owner, area, four range and building age of homestead) and publicizes it for 30 days without any objection, the town (street) confirms that they are qualified for one family, one house and construction For the standard of house area, the land use approval procedures shall be supplemented. After the review by the district planning and resources department and the compliance with the current land use master plan and urban and rural plan (after the approval and implementation of the land space plan, it shall comply with the land space plan), the right shall be confirmed and registered.

4. If the land area and building area of the houses that meet the right confirmation registration exceed the standard of one household, one house, the right confirmation registration shall be made according to the area specified in the standard, and the excess part shall be indicated in the column of the registration book and the attachment of the ownership certificate as the non ownership area registration. The standards for the land use area and the built-up area of the houses on the stock homestead shall be determined by the peoples Government of each district according to the historical implementation policies of the jurisdiction. The farmers houses built after July 15, 2015 shall be handled according to the current relevant laws and regulations.

5. Non members of the villages collective economic organization use the homestead. If non members of the villages collective economic organizations use the homestead according to the unified planning and approval of the government due to poverty alleviation and relocation, geological disaster prevention and control, new rural construction, resettlement, etc., after withdrawing from the original homestead base and canceling the registration, the new houses and occupied homestead shall be confirmed and registered according to law. If the non members of the collective economic organization of the village occupy the rural homestead due to inheriting the houses that have been taken legally in the countryside, they can register and issue the certificate according to the regulations. In the record column of the real estate ownership certificate, it should be noted that the right is the legal successor of the original members of the collective economic organization of the village. Residents (including overseas Chinese) who have been approved by the peoples Government of the district to legally acquire the homestead and houses in the countryside, and whose house property rights have not changed, and who have been approved by the village (community) (to confirm the owner, area, scope of the homestead and the date when the house was built, etc.) and publicized for 30 days have no objection, shall be confirmed and registered. In the record column of the real estate ownership certificate, it shall be noted that the owner is not the collection of the village Organization member . After the members of rural collective organizations enter the city and settle down, the right to use the homestead legally obtained by them should be confirmed and registered.

6. For the areas not covered by the rural planning, the registration of the ownership of the aboveground houses that have obtained the right to use the homestead according to law, the peoples governments of each district shall make a unified determination of the rural collective organizations and time limits that are not covered by the village planning according to the historical implementation policies of the jurisdiction area, and the members of the rural collective organizations shall apply for the registration of the ownership of the houses. If the above recognition scope is met, the houses may not be provided to meet the planning Or construction related materials.

uff082uff09 The principle of the integration of the right to use the collective construction land and the registration of the right to use the real estate.

1. If a town (street), village run enterprise, institution or individual uses the farmers collective land for non-agricultural construction according to law, the right to use the collective land for construction can be determined according to law.

(1) Before December 31, 1986, the use of collective land for village (community) public welfare undertakings and public facilities can be determined according to law after the town (street) where they are located is audited. If the land for town (street) enterprises and other collective land approved by law for non residential construction are still used up to now, the right to use the collective construction land of the user shall be determined according to law after being approved by the village (community) where the land is used and reported to the town (Street) for examination.

(2) After January 1, 1987, the land for public welfare undertakings and public facilities of villages (communities), land for town (street) enterprises and other collective land approved by law for non residential construction shall, in accordance with the approval document of the peoples government at or above the district level, determine the right to use the collective construction land of the user.

2. For the collective construction land without the source of land ownership, the historical use and current situation of the land shall be found out, and the right registration shall be carried out after the treatment according to laws and regulations. It is strictly prohibited to legalize the illegal land use through the real estate registration. Before January 1, 1999, when the status quo of land use was changed to collective construction land, the historical use and status quo of the land should be found out. If it is confirmed to be legal use, it should be approved by the village (community) where it is located and publicized for 30 days without objection. After being reviewed by the town (street), it should be reported to the District Peoples government for approval and be confirmed for registration. After January 1, 1999, when the land use status changed to collective construction land, it is necessary to go through the land use approval formalities according to the regulations, and then confirm the right registration.

5u3001 Work steps

The peoples Government of each district shall organize the implementation of the real estate integration right confirmation, registration and certificate issuance in the form of general registration, and carry out the work of unified right register investigation, registration and certificate issuance, and result collection and delivery. Each district shall formulate specific implementation plans, clarify the objectives and tasks, division of responsibilities, methods and steps, principles for dealing with historical problems, time arrangement, funds guarantee and work requirements, issue the general registration notice of real estate integration real estate in the name of the District Peoples Government within its own administrative region, and clarify the requirements of the general registration scope, time limit and conditions.

uff081uff09 Preliminary preparation stage (January 2020 February 2020).

uff082uff09 Organization and implementation stage (March 2020 October 2020).

The peoples Government of each district shall issue a general registration notice to clarify the scope, content, time limit of the general registration and the principles for dealing with historical problems. According to the requirements of the technical guidelines, we will carry out a comprehensive survey of the right of registration. On the basis of the results of rural cadastral survey and real estate registration data, carry out rural house survey, supplement land survey, comprehensively check the location, area and ownership of rural land and houses, and form the results of right register survey that meet the requirements of real estate integration right confirmation registration and license issuing. After the preliminary formation of the investigation results, the real estate registration authority shall conduct preliminary review and announce the information of the real estate obligee, the investigation results of the title and the registered items, etc. for a period of not less than 15 working days (the time required for the announcement shall not be counted in the registration period). If there is no objection to the announcement, the master map, house plan, etc. shall be made and output according to the investigation results, and submitted to the obligee for signature together with the application for real estate registration and other materials. The real estate registration authority shall examine and verify according to law, confirm and register the right to use the homestead, collective construction land and the ownership of the house on the ground that meet the requirements of registration and certification, and issue the real estate certificate.

uff083uff09 Acceptance summary stage (November 2020 December 2020).

Establish a database of rural cadastral survey results, and check and accept the results. In the existing real estate registration information platform, the real estate integration right confirmation registration shall be handled, the registration results data shall be collected and handed over, the dynamic update mechanism of the results information shall be established, and the digital management and information application of the registration and certification results shall be realized.

Sort out, check and summarize the results of the real estate integration registration and certification work, and sort out the problems, difficulties and solutions encountered in the organization and implementation of this work to form a work summary.

By the end of November 2020, each district shall complete the sorting, quality inspection and data collection of achievement data, and cooperate with the municipal planning and natural resources bureau to carry out inspection and acceptance of the achievement data of homestead, collective construction land confirmation and housing certification, and submit the results to the Provincial Department of natural resources before the end of December.

6u3001 Technical route

In order to meet the requirements of real estate integration, we should make full use of the data results of rural cadastral investigation and real estate registration, and according to the relevant national investigation procedures and standards, through the investigation and measurement of real estate ownership, we should supplement and improve the investigation materials and real estate measurement drawings of rural homestead and collective construction land and houses, which are rural homestead To provide basis for the registration and certification of collective construction land and houses. Each district can choose the right register survey method and technical path according to local conditions, and the same district can adopt a variety of different survey methods to realize the full coverage of rural real estate register survey. If the simple method is adopted to carry out the house survey, it shall be noted in the column of the real estate register and the attachment of the ownership certificate that if there is a higher precision survey result in the future, the high precision data shall prevail. If the applicant requires high-precision measurement and provides high-precision measurement results by himself, the results shall be adopted after being approved.

7u3001 Expected results

uff081uff09 Paper results.

1. Technical scheme (including work implementation scheme, technical design document, etc.);

2. Large scale surveying and mapping data;

3. Investigation data;

uff082uff09 Electronic results data.

1. Investigation database of rural real estate;

8u3001 Organization and Implementation

The peoples governments of all regions are the main body responsible for the registration and certification of real estate integration in rural areas. They are responsible for the organization and implementation of the registration and certification work in the region. The specific work is led by the planning and natural resources branch of each region, with the participation of the agricultural and rural Bureau, the Finance Bureau and the housing and Urban Rural Development Bureau. The district planning and natural resources branch is responsible for daily work, taking the lead in formulating specific work plans, organizing and implementing specific work, implementing business guidance, inspection and acceptance, etc. The district housing and Urban Rural Development Bureau shall be responsible for guiding the construction of rural houses. The district agricultural and rural bureau is responsible for guiding the distribution and use of rural homestead. The District Finance Bureau is responsible for bringing the specific work funds into the budget and ensuring the funds are in place. Where conditions permit, real estate registration receiving outlets can be extended to towns (streets) and villages (communities) to receive registration applications.

uff081uff09 Organizational support. All districts should fully understand the importance and necessity of real estate integration power confirmation, registration and certification, concentrate their efforts, implement their responsibilities, establish an effective coordination mechanism, establish a working group headed by the leaders in charge of the District, and accelerate the organization and implementation of this work. The peoples governments of each district shall be responsible for the organization and implementation of the real estate integration power confirmation registration and certificate issuing work. The Municipal Bureau of planning and natural resources shall take the lead, and the Municipal Bureau of agriculture and rural areas shall cooperate in the supervision and coordination work, and report the work progress to the peoples Government on a regular basis. The relevant departments of each district shall attach great importance to it, clarify the division of responsibilities, strengthen the work linkage, and jointly complete the real estate integration power confirmation registration Certification work.

uff082uff09 Policy guarantee. The peoples governments of each district shall conscientiously implement the management responsibility of the government territory, strengthen the responsibility, take the initiative, formulate the registration policy for confirming the authority of the region according to the local conditions, issue the implementation rules, determine the specific contents that meet the registration and license issuing conditions, clarify the specific procedures for completing the relevant procedures, and limit the standards for the use area of the residential base and the building area of the above ground houses in the administrative region To make a unified identification of the village and time boundary that does not cover the village (Village) planning.

uff083uff09 Financial support. The Municipal Bureau of planning and natural resources is responsible for the publicity and training at the municipal level and the quality inspection and warehousing of the achievements at the municipal level. The specific funds for the work of confirming the right, registering and Issuing the certificate, and publicizing and launching the certificate shall be included in the financial budget arrangement of each district. Except for the cost of certificate production and the cost incurred by the applicant in providing the high-precision investigation results of the right, the work of rural right investigation, registration and issuing uniformly organized by the peoples Government of each district shall not be charged to the farmers. All relevant departments shall, in strict accordance with the relevant provisions of the state, standardize the efficient use of funds for the registration and certification of rights, and strictly implement the necessary funds for carrying out the work.

uff084uff09 Publicity guarantee. In combination with the requirements of establishing and implementing a unified real estate registration system, the peoples Government of each district shall organize and carry out various publicity activities. Through newspapers, television, Internet and other media, the peoples Government of each district shall vigorously publicize the work of real estate integration to confirm the rights, register and issue certificates, fully mobilize the initiative of the work of the cadres of the town (street) and the village (community) and the enthusiasm of the participation of the farmers, and create a good public opinion environment and work environment Make atmosphere.