On August 11, the Beijing Municipal Government issued the "Guiding Opinions on Implementing Households to Live and Strengthen the Management of Rural Homestead and Housing Construction" (hereinafter referred to as the "Opinions").

  The "Opinions" includes 22 items, including: a villager household can only own one homestead. It is strictly forbidden for urban residents to buy homesteads and houses on homesteads in the countryside, and it is strictly forbidden for social capital to use the homesteads to build villas and private clubs. In the name of leasing or revitalization, illegally occupying, trading or disguised trading of homesteads, etc.

The full text of the "Opinions" is as follows:

Guiding Opinions of the Beijing Municipal People’s Government on Implementing Household Habitation and Strengthening the Management of Rural Homestead and Housing Construction

  Beijing Government Development (2020) No. 15

  All relevant district people's governments, all committees, offices and bureaus of the municipal government, and all municipal institutions:

  In order to ensure that households have housing, strengthen the management of rural homesteads and house construction, promote the implementation of the rural revitalization strategy, and accelerate the construction of beautiful villages, according to the "Notice of the Ministry of Agriculture and Rural Affairs of the Central Rural Work Leading Group Office on Further Strengthening the Management of Rural Homesteads" (中农(Fa (2019) No. 11) related requirements, combined with the actual situation of this city, formulate this guidance.

1. Persist in planning to guide management and control, and ensure that villagers have a living

  (1) Formulate village planning according to law. All relevant districts shall guide townships and villages to prepare village plans in accordance with relevant national and municipal regulations, and provide a basis for homestead and house construction management. When compiling village plans, the principles of economical and intensive use of land and protection of arable land should be followed, ecological control lines, urban development boundaries, and total urban-rural construction land (zoning) control objectives should be considered in a unified manner, and land for homesteads should be reasonably arranged. Strictly control the occupation of agricultural land by newly-added homesteads, and shall not occupy permanent basic farmland; where the occupation of agricultural land is involved, the approval procedures for the conversion of agricultural land to construction land shall be handled in accordance with the law. Village planning shall regulate the construction layout of villagers’ houses, architectural style, house spacing, number of floors and height, and base area and height.

  (2) Strictly implement the village planning. Villagers shall build houses in accordance with the village planning, and try to use the original homesteads and free construction land in the village. They shall declare in accordance with procedures and obtain approval before construction. If the homestead involves the protection scope of cultural relics protection units and other various construction control zones, it shall be reported to relevant departments for approval in accordance with relevant regulations. Building a house on a homestead should be based on the principles of safety, applicability, economy, greenness, and beauty, abide by the village rules and folk agreements, facilitate the life of the villagers, and reflect the local history and culture, regional characteristics and rural style.

  (3) Implementation of villagers’ households by district and classification. Relevant districts can combine the actual conditions of the district and respect the wishes of the villagers through the following four ways and focus on the first three ways to ensure that the villagers have a home.

  1. For villagers who have been employed stably in cities and towns and are included in the social security system for urban employees, they can realize their households by being included in the housing security system for residents in the district. Villagers who do not have a homestead but already enjoy affordable housing shall not be allowed to provide homesteads for them. Villagers who already have a homestead and apply for affordable housing shall dispose of the houses on the ground and withdraw from the original homestead according to relevant requirements. Must not provide affordable housing for them.

  2. For towns and villages where conditions are available and the villagers are active, the relevant districts can be planned in a unified manner, and towns and villages can be encouraged to guide villagers to live together through centralized construction of villagers’ apartments and villagers’ residential quarters to realize households. All relevant districts shall formulate specific application policies based on the actual situation of the district. Those who apply for centralized residence should be villagers without homesteads or villagers who voluntarily withdraw from their original homesteads.

  3. For villagers who have legally and reasonably obtained homesteads, guide them to, under the premise of conforming to the village planning, through the approval of the township government, by appropriately increasing the construction area on the original homesteads, alleviating the shortage of villagers’ housing and realizing their own residence.

  4. For those who cannot realize the housing of villagers through the above three methods, the housing land space can be provided by various methods such as reasonable arrangement of construction land indicators, village remediation, and the retreat of abandoned homesteads, so as to alleviate the shortage of villagers’ housing, and strictly Approve according to the application conditions.

2. Determine the application conditions for homestead according to law, and standardize the approval procedures

  (4) Clarify the relevant standards for homestead land. A villager can only own one homestead. The land use standard for each house site shall not exceed 167 square meters in areas with more people and less land, and 200 square meters in other areas. The specific standards shall be determined by the relevant districts based on the actual conditions of the district. Villagers should construct houses in strict accordance with the approved area and building standards, and it is forbidden to build houses without approval and over-area and over-height houses. For those who are approved to relocate housing or live together in accordance with the unified planning, they shall strictly follow the requirements of "building new and demolishing old" and withdraw from the original homestead in accordance with relevant regulations.

  (5) Clarify the qualifications and conditions for homestead application. The subject of the homestead application should be a villager who has the membership of the collective economic organization or meets the relevant policies and regulations. Those who meet one of the following circumstances and have not sold, leased, gifted, or converted the original house for production and business purposes can apply for a house site: First, there are two (including) or more children in the household, except for one child living with their parents , Other children reach the legal marriage age, do not have a house to live apart, and the existing homestead cannot be expanded by households in accordance with the land use standards stipulated in the district; second, the use of homesteads is approved in accordance with unified planning due to geological disasters, relocation, new village construction, etc.; third, approved The village committee agrees to apply for relocation within the village due to inconvenient transportation, drinking water difficulties, etc.; fourth, national projects and other public welfare constructions occupy the original homestead without housing resettlement; fifth, other circumstances complying with laws and regulations.

  (6) Perform the approval procedures for homesteads in accordance with the law. A villager applying for a homestead should submit a written application to the village committee, which shall be submitted to the township government after it has been reviewed by the villagers’ meeting or the villagers’ representative meeting authorized by the villagers’ meeting and there is no objection to the public announcement. The township government shall strictly follow the village planning and relevant regulations, and approve after passing the inspection. For homesteads approved in accordance with law, the village committee shall promptly announce the results of the approval. After the township government issues the approval of the homestead, it must promptly organize relevant personnel to nail piles and set the lines on the spot.

3. Strictly fulfill the approval procedures for house site construction and strengthen construction management

  (7) Strengthen the management and control of building design. Villagers who have legally and reasonably obtained homesteads apply to build, rebuild, expand, or rebuild houses on the homesteads (hereinafter referred to as villagers’ houses, including houses and ancillary houses), and the house spacing, number of floors and height must be strictly based on the village plan. Standard standards such as base area and height are implemented; if the village planning has not been completed or the above-mentioned related standards have not been standardized although the preparation has been completed, the township government shall report to the district government for approval according to the actual situation. In principle, the area of ​​the base of the villagers’ house construction shall not exceed 75% of the area of ​​the homestead, and the height of the cornice of the house (calculated from the plane of the base of the house) shall not exceed 7.2 meters in principle. The vertical falling projections and steps of the house four to (including dripping water) should be controlled within the scope of the homestead. To strengthen the management and control of villagers’ house building style, the village’s building styles should be coordinated with each other, and villagers should be encouraged and guided to choose general standard atlas provided by relevant departments for free construction, and design units, construction units, and national registered professionals can also be entrusted to design.

  (8) Strictly implement the approval procedures for building houses. Villagers should consult the neighboring land-use right holders to build houses, and bring corresponding house plans in the selected general standard drawings or construction drawings that meet the basic quality standards and have basic structural designs, and submit a written application to the village committee. After deliberation and publicity without any objections (if the neighbors disagree, the village committee shall form a decision on whether to approve the construction of the house) and report to the township government. The township government must strictly follow the village planning and relevant regulations to examine and approve, and issue a house building approval.

  (9) Effectively strengthen construction management and services. The villagers shall build houses in strict accordance with the house building approval, and they can do the construction by themselves, or they can choose the construction unit, national registered professionals and their organized construction team, or qualified construction craftsmen trained by the housing urban and rural construction department to undertake the construction and sign the construction agreement. During the construction process, it is necessary to comply with the relevant national and municipal requirements for building safety, fire safety, environmental protection, seismic fortification and green development, so as to facilitate firefighting water intake and firefighting vehicles to pass, and to form construction records. The villagers are fully responsible for the quality and safety of the built houses, and bear the main responsibility for the construction; the design, construction, and material supply units or individuals of the villagers’ houses bear the corresponding responsibility for the quality and safety of the construction projects. Township governments and village committees should strengthen supervision and services throughout the entire construction process, and urge the implementation of measures such as earthquake-resistant fortification and green development.

  (10) Strengthen the follow-up management of housing construction in accordance with the law. After the house is completed, the township government shall organize relevant personnel to inspect and accept the location, area, number of floors, height, and implementation of seismic fortification and green development measures on the site. The public security organs shall, in accordance with the "Administrative Measures for Doors and Buildings in Beijing", prepare door numbers in accordance with the approvals for building construction, and issue "Beijing Doors and Buildings Number Certification Letters" for real estate registration departments. Villagers’ houses that have been legally approved for construction and meet the construction requirements may apply for registration of rights in accordance with relevant regulations of this Municipality. The township government shall file documents, photos, videos and other materials in the management process in a timely manner, implement "one household, one file" management and establish a ledger.

4. Dealing with historical issues prudently and actively exploring paid withdrawal and transfer mechanisms

  (11) Deal with issues such as excessive occupation of homesteads due to historical reasons. For homesteads delineated before 1982 or due to transfers, house inheritance, donations, etc., that exceed the current prescribed area standards, if the excess area meets the current prescribed standards and the household meets the conditions for household division, the household part is allowed After the households are used first, but the approval procedures for the homestead should be strictly followed; if the excess area does not meet the current prescribed standards or the households do not meet the requirements for household division, they will continue to use them, and follow the village planning or pending transfer and house inheritance and gift Adjust gradually. Historical issues such as villagers’ illegal occupation of agricultural land to build houses must be gradually rectified in accordance with the law.

  (12) Actively explore the establishment of a paid withdrawal and transfer mechanism. Relevant districts can raise funds through multiple channels and explore various ways to encourage villagers who settle in cities and form "one family with multiple houses" due to inheritance, donation or purchase of houses, voluntarily withdraw from idle housing sites with compensation, and the specific housing compensation standards are determined by the collective economy Organizational democratic decision-making is determined. Encourage and guide villagers to transfer their homesteads to villagers who meet the requirements for homestead application within the collective economic organization under the premise of obtaining the consent of the village collective economic organization. All districts should explore ways to standardize and guide the transfer behavior and transfer contracts by formulating model contracts. After the entry into force, the procedures for changing the right to use the homestead should be handled in time. It is strictly forbidden for urban residents to purchase homesteads and houses on homesteads in rural areas. Strictly implement the national and this city's household registration policies. Except for the circumstances stipulated by laws and regulations, it is strictly forbidden to move the household registration of urban residents to the countryside, and strictly manage the relocation of household registration between rural areas.

5. Effectively strengthen the management of the utilization of idle homesteads and idle houses

  (13) Regulate the utilization of idle homesteads and idle houses in accordance with the law. On the premise that households have their own residences and the housing needs of the villagers are guaranteed, the village collective economic organization and its members can develop rural tourism, catering, and cultural experience industries by activating and utilizing idle homesteads and idle houses in accordance with the law. The vacant residences to be used should be those that have been idle on the legal homestead and are expected to remain idle for more than 2 years. In principle, they should be based on the existing collective construction land (homestead) use right certificate and planning natural resources, housing urban and rural construction departments or townships The housing construction procedures issued by the government are used as the basis for the proof of rights. If there is no basis, the village committee can issue a certification. On the premise of ensuring the legitimate rights and interests of the villagers, it is necessary to take into account the interests of the collective and the individual, and regulate and guide the village collective economic organization and its members to make use of it through self-employment, cooperation, and lease. Those renting for residence or business must strictly abide by the relevant regulations of the state and this city, perform the lease registration procedures, and the lease contract period shall not exceed 20 years. It is strictly forbidden to rent out unqualified houses, and illegal group renting is strictly prohibited.

  (14) Give full play to the organizational and guiding role of the village collective. Encourage and support village collectives to carry out operations through self-employment, cooperation, or unified organization of external leasing; the village collective must effectively strengthen management of members who carry out operations with the consent of the village collective. Village collectives can obtain reasonable operating income and management expenses through unified organization and provision of public facilities and services, and strictly incorporate them into collective assets for management, distribution and use. On the premise of respecting the wishes of farmers and complying with the plan, village collectives are encouraged to actively and steadily carry out the remediation of idle homesteads, and the renovated land will be given priority to meet the needs of farmers for new homesteads, village construction and industrial development. The land value-added income generated by the utilization of idle homesteads should benefit all members of the collective economic organization, and the index of homesteads saved by the relocation of villagers should be given priority to the village collective development industry.

  (15) Strictly prevent various illegal constructions. The revitalization and utilization of idle homesteads and idle houses must be carried out in strict accordance with the village planning and the management and control requirements of village buildings. Villages with potential safety hazards such as areas prone to geological disasters, as well as villages that have been included in the relocation plan, planned to be demolished and evacuated, and have been included in the urban development boundary shall not be activated. Old village sites that have enjoyed policy-based relocation must strictly implement the adjusted planning. Those that have been adjusted to non-collective construction land must be reclaimed for green; those that are still planned as collective construction land must not be revitalized until hidden safety hazards are eliminated jobs. It is strictly forbidden for social capital to use homesteads to construct villa compounds and private halls, and it is strictly prohibited to illegally seize, trade, or disguisedly buy and sell homesteads in the name of leasing or utilization.

  (16) Effectively strengthen safety supervision. The unused residential houses to be used shall meet the requirements of this Municipality for seismic fortification and green development. In the course of carrying out business activities, fires must be strictly prevented. If there are hidden fire safety hazards, rectification must be carried out in accordance with relevant standards. Village committees and village collective economic organizations should strengthen safety supervision and eliminate potential safety hazards such as public security, fire protection, and health.

Six, strengthen organizational guarantees

  (17) Comprehensively strengthen the leadership of party building. Party organizations at all levels must strengthen the supervision and management of party members, public officials, and village cadres, and drive the general public to strictly abide by the state and the city’s relevant regulations on homestead and housing construction management. Party members, public officials, and village cadres are strictly prohibited from occupying land in violation of laws and regulations, or over-occupying or over-occupying homesteads to build houses. The parties involved in building houses in violation of laws and regulations and related persons responsible shall be resolutely investigated and dealt with in accordance with laws and regulations and disciplines; those who violate the criminal law and constitute a crime shall be investigated for criminal responsibility in accordance with the law.

  (18) Establish a sound management mechanism. Accelerate the establishment of municipal guidance, district-level leadership, township-level main responsibilities, and village-level main body homestead and housing construction management systems and mechanisms. All levels and departments must perform their duties in accordance with the law and strengthen supervision and management. Speed ​​up the establishment of a homestead statistical survey system, organize and carry out surveys on the current situation of homestead and rural housing utilization, and fully understand the scale, layout and utilization of homesteads. Gradually establish basic data and management information systems for homesteads and housing construction, and promote standardized and informatized management of homesteads and housing construction.

  (19) Clarify the responsibilities of municipal departments. The Municipal Bureau of Agriculture and Rural Affairs is responsible for the reform and management of homesteads, directing the allocation, use, circulation, and revitalization of idle homesteads and idle houses, and ordering the return of land illegally occupied by villagers to build houses. The Municipal Planning and Natural Resources Commission is responsible for guiding the preparation of village planning and the rational layout of homesteads, the review and approval of the construction of homesteads, the registration and certification of integrated real estate and land, the compilation and distribution of standard building atlases, and the identification of illegal construction. The Municipal Housing and Urban-Rural Development Committee is responsible for the guidance and technical services of the housing construction on the homestead. Other relevant units shall, in accordance with their respective duties, jointly do a good job in the management of homestead and housing construction.

  (20) Strengthen district-level leading responsibilities. The relevant district governments are generally responsible for the management of homesteads and housing construction in the district, perform unified supervision and management duties, guide townships to prepare village plans, be responsible for village planning approvals, homesteads involving agricultural land conversion declarations, idle homesteads and The organization and coordination of the revitalization and utilization of idle houses and the guidance and technical services for villagers’ house construction; to strengthen the organization and leadership, effectively strengthen the construction of homestead and house construction management system, increase support, maximize strength, implement funds, improve conditions, and ensure work Someone will do it and the responsibility will be borne by others.

  (21) Consolidate the territorial responsibility of the township. The township government is responsible for the management of homestead and housing construction within its jurisdiction. It is responsible for organizing village planning and preparation, rationally arranging homestead land, vacant homestead and idle housing utilization management, homestead and housing construction approval, housing construction supervision and guidance And services, stop and investigate the construction of illegal houses. Explore the establishment of a unified management mechanism for homestead and housing construction, and establish a joint audit and joint office system. Carry out dynamic inspections of homesteads and house construction, and promptly detect and deal with various violations of laws and regulations. For the unauthorized use of the house site for the construction of villagers’ housing, if it complies with the village plan, it shall be ordered to go through the examination and approval procedures; if it does not conform to the village plan, it shall be ordered to demolish within a specified time; if there is rental income, the rental income shall be confiscated and the rental income shall be doubled fine.

  (22) Give full play to the main role of the village. The village committee shall improve the self-management procedures of homestead villagers in accordance with the law, strengthen the supervision and restraint of village regulations and private agreements, and be specifically responsible for the verification of the village homestead and house construction, construction management, homestead land adjustment, over-occupied area disposal, and withdrawal disposal , Dispute mediation and dissuasion and reporting of illegal use of homestead land; cooperate with the village collective economic organization to carry out idle homestead and idle housing revitalization and other work. The village collective economic organization is responsible for cooperating with the village committee in the identification of the membership of the collective economic organization. For individuals or units outside the village who use the collective housing site, the village collective economic organization shall collect relevant fees.

  All relevant district governments shall formulate management measures or implementation rules in accordance with these guidelines.

Beijing Municipal People's Government

July 31, 2020