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Original title: Questions urban residents face after inheriting the right to use housing: How to rebuild? Can it be rented? Can it be inherited?
The inhabitants of the city can also inherit the property.
Recently, the Ministry of Natural Resources responded to recommendation no. 3226 of the Third Session of the XIII National People’s Congress, clearly indicating that the right to use the property of farmers can be inherited by children with urban household registration and registered as real estate.
This immediately attracted attention from all walks of life. How to use property after inheritance? Can it be inherited again? They have become the focus of discussion.
Homestead cannot be inherited separately
The Ministry of Natural Resources stated in its reply that, in accordance with the “Law of Succession”, the house of the deceased is inherited by the heir as his inheritance. According to the principle of integration of premises and land, the heir inherits the property of the house and the right to use the property. Rural property cannot be inherited separately. The “Regulation for Real Estate Registration (for Trial Implementation)” clearly stipulates that non-members of rural collective economic organization (including urban residents) occupying property due to inherited houses can apply for confirmation and registration in accordance with the pertinent regulations, and add it to the real estate registry and certificate. The note column “the holder of the right is the legal heir of the residence of the original member of the peasant collective economic organization”.
Many of those interviewed pointed out to the 21st Century Business Herald that this answer is still based on a reasonable explanation based on the current legal system. The registration is more to ensure the legal use of the house in accordance with the principle of integration of premises and land. It is clear that family property cannot be inherited alone.
As early as 2016, the former Ministry of Lands and Resources issued the “Regulation for Real Estate Registration (Judgment)”, which clearly stipulated that non-members of rural collective economic organizations (including urban residents) occupying dwellings due to houses inherited can be It is stipulated that the registration of confirmation of the right will be made, and “the right holder will be the legal heir of the residence of the original member of the collective economic organization of farmers” in the property registry and the additional column certificate. This is also consistent with the wording of this answer.
In this regard, Meng Qinguo, a professor at the Wuhan University School of Law, said that in the past there were no clear regulations on whether rural home ownership and family property use rights can be inherited to children. with registration of urban households. But in practice, it can usually be inherited. Since the Property Law of 2007 defines the right to use family property as a right of usufruct, it is legally clear that urban residents can continue to use the property by inheriting the home ownership.
However, Meng Qinguo also pointed out that the reason the response specifically mentioned that “rural properties cannot be inherited separately” actually refers to the fact that the right to use rural properties is inherited in accordance with the principles of “a house and land” and “a land with people”. Therefore, there is no way to inherit a free property without a country house. At the same time, if the inherited house collapses or is removed for more than two years without rehabilitation, the property will naturally be lost and the village collective has the right to regain the right to use the land of the house free of charge.
In this regard, Meng Qinguo said that urban residents who have inherited the right to use their farms must often return to their places of origin for repairs, “don’t let the house collapse.”
After urban residents inherit rural houses, can they rebuild or rebuild?
Chen Jiaze, an expert in agriculture, rural areas and former vice president of the Chengdu Academy of Social Sciences, told the 21st Century Business Herald that there are currently no clear laws or regulations on whether rural houses inherited by urban residents can be rebuilt or rebuilt. . In practice, different places have different methods, but generally there are no restrictions on repairing houses. In some places, the collective request or consent of the village is required for reconstruction and reconstruction.
Most of the interviewees believe that with the continuous improvement of the beneficial rights over the farms, it is possible that in the future the renovation and reconstruction of the farms will be requested.
Chen Jiaze also believes that relevant policies should be formulated from the perspective of improving the usufruct rights of farmers’ farms. When the village collective regains ownership of the farms, it must also inform the corresponding heirs to withdraw through negotiation, agreement and paid withdrawal. Not free.
Profitable in principle
Chen Jiaze noted that this response was based on current laws and reiterated the question whether the right to use real estate could be “inherited”, but did not mention further about its application.
The application methods mentioned by Chen Jiaze include not only the above-mentioned renovation, reconstruction and expansion, but also the rental, sale and re-inheritance of houses.
This is also the most worrying issue on the market. In September 2019, the Central Steering Group Office for Rural Work and the Ministry of Agriculture and Rural Affairs issued the “Notice on the Further Strengthening of Rural Property Management”. The notification clearly mentioned that the groups and farmers of the villages are encouraged to make full use of the properties and vacant houses through Management, cooperative management, entrusted management, etc., to develop farmhouses, family houses, rural tourism , etc. in accordance with the laws and regulations. Urban residents, industrial and commercial capital, etc., who rent rural houses to live or carry out operations, must strictly abide by the provisions of the Contract Law, and the term of the lease will not exceed 20 years.
In developed cities like Beijing, farm house leasing is an industry that has always existed and is developing quickly and legally. In April 2018, for the first time, Beijing officially made it clear that idle farms can be rented. Since then, Beijing’s housing rental market has started to develop rapidly, and some rental platforms have even claimed to have tens of thousands of idle farm housing resources around Beijing.
In this context, can urban residents participate in the rental of the right to use the properties they inherited?
A person in charge of a company in the rural housing rental industry in Beijing told reporters that the houses attached to the farm can be legally rented in principle after being inherited by the urban population. However, according to current Beijing regulations, it is difficult to apply for the renovation and new construction of such houses with the urban population as the main body. Rental of country houses often requires some transformation of the houses, which is in contradiction with current policies.
At the income level, the official said that from a historical point of view there is also uncertainty about income after the lease. Since family ownership is obtained free of charge, there is also room for discussion about the rationality of income distribution and there is the possibility of a general optimization of the distribution.
In addition, regarding the question of whether urban residents can inherit the right to use the property and ownership of the house, they can inherit it again to other urban residents, Yingke Law Firm’s global partner lawyers Guo Ren and Chen Jiaze , told the 21st Century Business Herald that there is currently no express provision.
(Author: Xingguo Editor: Li Bo)
