农房盘活视角下宅基地利用合法化新解OA

Rural housing revitalization has its policy background, both policy incentives and policy constraints.After decomposing the policy implication of moderately relaxing the use right of rural housing, the boundary of "moderately" and the way of "relaxing" are clarified.Com-bined with the form of "revitalizing" in the pilot area, it is concluded that the boundary is divided into non-transferring ownership of rural housing and transfering ownership of rural housing with the transfer ownership as the anchor and explained.Considering the existing policy anal-ysis, the use right of homestead is not indefinite, and the use right of homestead is attached to the housing right, which can absorb the land right.In order to moderately liberalize the use right of rural housing and increase farmers' property income, it is proposed to construct the sys-tem of homestead right to use, supplemented by the revitalization system with the service life of rural housing as the deadline.However, the rights of the original owner of rural housing (the owner of the homestead right to use) will be different due to whether the ownership of rural housing is transferred.Farmers who do not transfer the ownership of rural housing, after the loss of rural housing, can re-apply for the right to use the homestead based on membership, forming a virtuous circle of material use and rights protection, otherwise.The proposition of rural housing revitalization includes the determination of the main body in rural housing revitalization, the expansion and limitation of the revitaliza-tion form, the time limit of revitalization, the persistence of the bottom line of revitalization and the registration and filing of revitalization.