The right to use rural homestead refers to the right of farmers to build houses and their ancillary facilities, and to possess and use them. As one of the types of usufructuary right stipulated in the Property Law, this right is an important right of subsistence for farmers. Paragraph 1 of Article 62 of the Land Management Law of the People's Republic of China stipulates that rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.

It can be seen from this regulation that a rural family can only own one homestead, but not two or more. The purpose of this legislation is not only to protect farmers' right to live, to prevent farmers from having no fixed address or even no place to live, but also to prevent a family from wasting land and reducing the efficiency of land use by owning multiple homesteads.

But at the same time, we can't draw the conclusion that a family must have an independent homestead from this regulation. When judging whether a family should have an independent homestead, it is necessary to examine whether the family has a place to live and whether there are difficulties in life. In the case of meeting the living conditions, it is also in line with the spirit of the law that two or more families * * * live on the same homestead.

In order to standardize the management of rural homestead, improve the living conditions of rural villagers, promote the economical and intensive use of rural homestead, protect the legitimate rights and interests of rural villagers, and help rural revitalization, these measures are formulated in accordance with relevant laws and administrative regulations such as the Civil Code of People's Republic of China (PRC), the Land and Land Management Law of People's Republic of China (PRC), and the Implementation Regulations of the Land and Land Management Law of People's Republic of China (PRC).

The application conditions and distribution principles of homestead are clarified. The "Measures" clarify that the children of rural villagers who have no homestead need to move to build houses due to natural disasters, policy demolition and other reasons. When you get married, you really need to live in separate households, and your existing homestead can't meet the needs of households, as well as other circumstances stipulated by laws and regulations, you can apply for homestead.

The allocation of homestead must follow the principles of member application, collective deliberation, house-to-house acquisition, one house for one household, limited area and planning control.

About collective construction land:

The term "homestead" as mentioned in these Measures refers to the collective construction land used by rural villagers to build houses and their ancillary facilities, including houses, ancillary houses and living courtyards. The term "rural villagers" as mentioned in these Measures refers to members of rural collective economic organizations.