According to the relevant laws and regulations of China, as long as rural houses are legally obtained, they can be donated to non-immediate relatives, but after the villagers donated the houses, they can no longer apply for house sites to build houses.
Article 185 [Definition] A gift contract is a contract in which the donor gives his property to the recipient free of charge, and the recipient indicates that the gift is accepted.
From the current rural demolition policy, most of the housing base area is used as the basis for calculating the replacement building area (usually a 1: 1 ratio). The huge economic value of the homestead was revealed in the demolition and replacement. The value of land occupies a large proportion in the formation of the value of the real estate (house and land), so the determination of the owner of the right to the use of the homestead is very important and necessary.
(1) Identification of the registered population. The registered population refers to the members of the family who have the household registration of the collective economic organization at the time of the approval of the housing site. Since the rural house sites are collectively owned by the villagers, the distribution of house sites is exclusive and welfare, that is, the right to use house sites can only be allocated for use by members of the collective economic organization. But in terms of distribution, there are specific rules. Article 62 of the Land Management Law stipulates: A rural villager can only have one house site, and the area of the house site must not exceed the standards stipulated by provinces, autonomous regions and municipalities. Therefore, the homestead is obtained in the name of the household, which is shared by the family, and the area used is determined mainly based on the number of family members. When the collective economic organizations apply for land for their families, they will verify the registered population of their resident families and then allocate a specific area. Although there is only one person with the right to use the house site use certificate, the house site application approval form determines the registered population to use the house site right.
Due to marriage, birth, illness, death, and other reasons, the number of registered families is not fixed. If the registered population changes, it can be handled according to the following principles:
First, the original registered population who lost their membership in the collective economic organization due to the migration of their hukou will no longer have the right to use the house site, and generally cannot be identified as the owner of the house.
Second, although the hukou has not been relocated and is still a member of the collective economic organization, but the single independent household is separated from the original extended family and a separate application for a house site is approved, because it has a new house site , according to the principle of one house per house, No longer have the right to use the original homestead, can not be identified as the owner of the house on the original homestead.