化解农村不动产登记历史遗留问题,广东出新规→
Nan Fang Nong Cun Bao·2026-01-04 13:01

Core Viewpoint - Guangdong Province has introduced new regulations to address historical issues related to rural real estate registration, aiming to protect farmers' property rights and ensure the legitimate use of homesteads [3][4]. Group 1: Regulatory Framework - The "Opinions" document specifies the scope and subjects eligible for registration, setting March 23, 2020, as the cutoff for homestead registration issues and August 1, 2022, for collective construction land [5][6]. - The regulations will take effect on January 30, 2026, and will be valid for five years [7]. Group 2: Classification and Processing Principles - The document categorizes different situations regarding homesteads and collective construction land, proposing innovative principles such as "three-level review confirmation" for homestead registration and "registration by current status" for collective construction land [9][10]. - It allows registration for homesteads exceeding regulations if they meet specific criteria, including cases where original villagers have migrated to urban areas [11]. Group 3: Application Subjects - The primary applicants for homestead registration are members of the rural collective economic organization or villagers, with additional provisions for various circumstances, such as former villagers who have moved or non-villagers who have built homes under government planning [14][15][16][18][19]. Group 4: Review and Confirmation Process - The "three-level review confirmation" process involves village-level organizations, township governments, and higher authorities to ensure compliance with local regulations regarding land and building standards [24][25][32]. - Specific guidelines are provided for properties built before and after the implementation of the 1982 regulations, detailing how to handle cases of exceeding local area standards [28][30]. Group 5: Collective Construction Land - For collective construction land lacking ownership documentation, the regulations require verification of historical usage and current status, with a process for approval by local governments [39][41]. - Buildings on collective construction land without proper planning approval must follow a defined procedure for rectification and registration [46][48]. Group 6: Prohibitions and Compliance - The regulations emphasize that illegal land use or construction cannot be legitimized through registration, specifically targeting unlawful purchases and constructions by urban residents and other entities [51][52][54]. - The provincial natural resources department has been actively promoting rural real estate registration since 2019, with over 8.63 million homesteads registered by the end of 2025, although over 60% of homesteads still do not meet registration criteria [56][58].

化解农村不动产登记历史遗留问题,广东出新规→ - Reportify