I. Nature of land
State-owned construction land refers to land owned by the state for construction, which usually includes land within the scope of cities, towns and industrial parks. The ownership of this kind of land belongs to the state, and the right to use it can be transferred to units or individuals for construction activities according to law.
Homestead refers to the land allocated by rural collective economic organizations to its members for building houses and their ancillary facilities. The ownership of homestead belongs to rural collective economic organizations, and the right to use it belongs to members of collective economic organizations.
Second, the right to use
The right to use state-owned construction land is flexible and can be planned and adjusted according to the needs of construction projects. The right to use can build various buildings, structures and supporting facilities on the land in accordance with the provisions of laws and regulations, and enjoy the corresponding rights and interests such as operation, lease and transfer.
The right to use the homestead is relatively fixed, which is mainly used for the construction of rural villagers' houses and their ancillary facilities. Usually, users of homestead can only build their own houses on the land, and are limited by certain area and height. In addition, the right to use the homestead is generally not allowed to be transferred to non-members of the collective economic organization.
Third, the mode of circulation.
There are many ways to transfer state-owned construction land, such as transfer, lease and investment at a fixed price. On the premise of complying with laws and regulations, state-owned construction land can be freely circulated in the market to realize the optimal allocation of land resources.
The circulation of homestead is restricted to some extent. According to the law, the right to use the homestead can not be transferred separately, but can only be transferred to the members of the collective economic organization who meet the application conditions of the homestead. This limits the circulation and marketization of homestead to a certain extent.
To sum up:
There are obvious differences between state-owned construction land and homestead in land nature, use right and circulation mode. State-owned construction land is mainly used for urban construction and development, with great flexibility and mobility; Homestead is mainly used to protect the rights and interests of rural villagers, with relatively fixed right to use and restricted circulation. These differences reflect the management and planning requirements of different types of land, and contribute to the rational utilization and sustainable development of land resources.
Legal basis:
the land administration law of the people's republic of china
Article 54 provides that:
The use of state-owned land by the construction unit shall be obtained by means of paid use such as transfer; However, with the approval of the people's governments at or above the county level according to law, the following construction land can be obtained by allocation: (1) land for state organs and military land; (two) urban infrastructure and public welfare land; (3) Land for energy, transportation, water conservancy and other infrastructure supported by the state; (four) other land as prescribed by laws and administrative regulations.
the land administration law of the people's republic of china
Article 62 provides 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.
Rural villagers building houses shall conform to the overall land use planning and township (town) village planning, and shall not occupy permanent basic farmland, and try to use the original homestead and village parents. The overall land use planning and village planning of townships (towns) shall make overall planning and reasonable arrangement of homestead, and improve the living environment and conditions of rural villagers.
Rural residential land, approved by the township (town) people's government; 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.
After the rural villagers sell, rent or donate their houses, they will not be approved if they apply for the homestead again.
The state allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads with compensation according to law, and encourages rural collective economic organizations and their members to actively use idle homesteads and idle houses.
The competent department of agriculture and rural areas in the State Council is responsible for the reform and management of rural housing sites throughout the country.