The registration of the right to use rural residential land is clear
Recently, the Ministry of Natural Resources by the Ministry of Housing and Urban-Rural Development, the Ministry of Civil Affairs, the State Secrets Bureau, the Supreme People's Court, the Ministry of Agriculture and Rural Affairs, the State Administration of Taxation and other 7 ministries and commissions **** with the study of the "third session of the thirteenth National People's Congress, the No. 3226 recommendations " to respond to the "third session of the thirteenth national people's congress 3226 recommendations, on real estate *** have registration, all owners *** have real estate registration, guardianship on behalf of the application, involving state secrets of the real estate registration, the transfer of the right to land contracted management, the registration of the right to use the rural residential base and other 9 issues have been discussed in detail.
One of them, for the sixth "on the registration of the right to use the rural residential base", the answer is clear: the farmers' right to use the residential base can be inherited by the children of the urban household registration and real estate registration according to law.
The reply further pointed out that, according to the provisions of the Inheritance Law, the decedent's house is inherited by the heirs as their estate, and according to the principle of integration of premises and land, the heirs will obtain the ownership of the house and the right to use the residential base, and the residential base in rural areas can not be inherited separately. The Code of Practice for Real Estate Registration (for Trial Implementation) clearly stipulates that if a person who is not a member of the rural collective economic organization (including urban residents) occupies a residential base due to the inheritance of a house, he/she can apply for the registration of the right to use the residential base according to the relevant provisions, and make a notation in the real estate registration book and in the column of the attachment to the certificate that "this right is the lawful heir of the residence of the original member of this farmer's collective economic organization". ".
Beijing gold law firm director Wang Yuchen pointed out to the reporter, this provision of the judicial practice has a good guiding significance: "has always been on the inheritance of urban residents of the residential base of the issue of the judicial practice of different views. Many people believe that, from the point of view of land management law, only villagers can inherit the residential base, after all, is the ownership of the village collective. But there are also many people believe that, from the point of view of inheritance law, homestead as a kind of property rights, should also be inherited, should not be limited by the issue of domicile."
The reporter checked the information and found that according to the Land Management Law of the People's Republic of China*** and the People's Republic of China, land in urban areas is owned by the state. Land in rural areas and urban suburbs, in addition to the provisions of the law belonging to the state, belongs to the collective ownership of farmers; residential land and self-reserved land, self-reserved mountains, belongs to the collective ownership of farmers.
The so-called "residential land use right" is the right of rural residents to build houses and their ancillary facilities on the residential land owned by the collective economic organization and to possess, use and dispose of the residential land with restrictions. In principle, there is no limit to the duration of the rural residential base, but strictly limited to the scope of the rural collective, and must follow the principle of "one family, one house".
Song Hongwei of the Tongze Research Institute told reporters that the policy shows that the reform of China's land system has entered a deep-water zone, especially in the reform of the rural land system. It believes that with the development of China's urbanization and the increase of farmers moving into cities, the reform of the rural land system is imminent.
"Farmers going to the city mainly involves three aspects of the impact: how to solve the original contracted land problem, the original rural business land idle problem and farmers' residential base problem. The first 2 problems have been solved or are being solved, and the rural residential base problem is also the most important part of the reform of agricultural land, the pace of reform in this area has always been relatively slow, the reform can be seen as a further depth in this direction."
Improving the efficiency of the use of homesteads and promoting land transfer
Industry insiders interviewed generally agreed that the provision of "urban household registration can inherit the right to use rural homesteads" has a direct propelling effect on improving the efficiency of the right to use homesteads and solving the problem of peasants settling in urban areas.
"There have always been relevant provisions on the inheritance of rural residential land, but it is not clear how to register. This time, if it is clear that it can be registered, it will help improve the efficiency of the use of rural residential land and promote the transfer of land. In addition, this can be seen as another big step forward in the progressive reform of rural land." Zou Linhua, head of the housing big data project team at the Institute of Financial and Strategic Studies of the Chinese Academy of Social Sciences, told reporters.
The reporter noted that in recent years, as urbanization continues to advance, the rural population has moved to towns and cities in large numbers, and rural residential land has been left seriously unused. Shanghai University of Finance and Economics Associate Professor Gai Qing'en said in a recent article that, according to the Shanghai University of Finance and Economics 2019 "thousand villages survey" data, all the farmers have 15.46% of the farmers have a commercial house, 70% of which were purchased in the past 10 years. However, the state has also introduced relevant policies to address the problem of idle and wasteful residential land. For example, on January 1, 2020, the implementation of the new "Land Management Law", encouraging villagers to settle in the city can voluntarily withdraw from the residence base in accordance with the law, the collective management of construction land is allowed to enter the market, the use of this method can be idle residence base revitalization and utilization, so as to obtain a higher income.
More importantly, the rural residence base can be inherited by the children of urban household registration, which directly solves the problem of the young labor force population settling in the city and promoting the development of urbanization. "This policy of inheriting and confirming rights has liberated the young rural population from the need to move to the city to a certain extent." Song Hongwei said.
According to the inheritance law, children who settle in cities give up their rural household registration. In recent years, the state's support for the three rural areas has become more and more powerful, with a variety of subsidies and policy support, more importantly, with the "same land, same rights" and rural land acquisition and demolition compensation continues to increase, the value of rural household registration has increased dramatically, so many young rural population because of the residence base can not be inherited to confirm the rights of the problem and give up the opportunity to settle in the city. The No. 1 document of the central government in 2019 clearly stipulates that the withdrawal of contracted land and residence base shall not be used as a condition for farmers to settle in the city. This time, the provisions of the "rural residential base can be urban household registration children inheritance" is to ensure that the rural people want to settle in the city no worries.
This afternoon, after seeing the news that "urban households can inherit the right to use rural residential land," Hubei's Liu Dong was very excited: "Finally, we can move the household." Liu Dong explained to the reporter that he bought a house in Wuhan three years ago, but the household registration is currently in his hometown Suizhou rural areas. The reason why has not been in Wuhan settled, is worried about from rural households into urban households to give up the right to use the hometown home base.
Not only that, but "a small step forward in solving the problem of small property rights". Song Hongwei believes that the rural residential housing is the so-called "small property rights", urban children can inherit can be regarded as a small property rights in the immediate family members of the flow, for the future of small property rights into the market to pave the way for the problem.
Of course, this does not mean that the townspeople can go to the countryside to buy land and build houses. As early as September 2019, the Office of the Central Leading Group for Rural Work and the Ministry of Agriculture and Rural Development issued the Notice on Further Strengthening the Management of Rural Residential Bases, which requires the strict implementation of the "one household, one residence" rule and strictly prohibits urban residents from buying residential bases.
On August 11 this year, the Beijing Municipal Government issued the "Guidance on Strengthening the Management of Rural Residential Base and Housing Construction for the Implementation of the Household with a Home". Yan Yuejin, research director of the E-Household Research Institute's Think Tank Center, believes that this policy clarifies the guidance for the management of residential bases. Especially after the Ministry of Natural Resources and the Ministry of Agriculture and Rural Development issued the "Notice on the construction of houses in rural areas on arable land "eight forbidden", "the management of residential base will be more strict".