Rural villagers should build houses in accordance with the overall land use planning of townships (towns), and try their best to make use of the original homestead in the village.
Rural homestead, by the township (town) people * * * audit, county people * * * approval; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law.
Rural villagers who apply for homestead after selling or renting houses shall not be approved.
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China does not recognize the ownership of villagers' homestead, but only protects its right to use.
This creates a problem: villagers own their own houses, but only have the right to use the land on which the houses depend.
Moreover, the right to use the homestead is limited: a household can only have one place.
Then, the property law can only protect the villagers' houses, not the homestead.
Rural homestead is collectively owned, and individuals have no property rights.
However, if the housing base certificate is still on the household registration in the village, the right to use it is not a big problem.