Can rural housing sites be leased?

China's laws and policies have no clear provisions, right to the use of curtilage Can it be used for rent. Whereas Article 62 of the Land Management Law stipulates that "one rural villager can only own one place Homestead And the area of the homestead may not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.

Rural villagers who apply for homestead again after selling or renting houses shall not be approved. It can be seen that the law allows farmers to rent houses. Based on the homestead use right, it is used by farmers to build houses and ancillary facilities. According to the principle of "land goes with the house", farmers rent their houses to others. During the lease period, the right to use the homestead occupied by rural houses is actually leased at the same time.

The homestead is not allowed to be transferred separately, so of course, the right to use the homestead cannot be leased separately. The rental of housing homestead will not lead to the change of the subject of the right to use the homestead, which does not violate the legal provisions of "one household, one residence". Under the condition that the use of the right to use homestead does not violate the national laws and relevant regulations, it can be considered that farmers can rent the right to use homestead, but they cannot apply for homestead after renting. However, it is worth noting that the lessor will be allowed to terminate the lease relationship if it has no housing requirements.

Does the law restrict the lease of the right to use homestead?

Article 63 of China's Land Management Law clearly stipulates that "the land owned by farmers collectively land use right It is not allowed to privately transfer, transfer or lease for non-agricultural construction. However, enterprises that conform to the overall land use plan and acquire construction land according to law, except for those whose land use right has been transferred according to law due to bankruptcy, merger and other circumstances. "