Regulations of People's Republic of China (PRC) Municipality on the Implementation of Urban Real Estate Management Law

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Title of People's Republic of China (PRC) City Real Estate Management Law

Issued by NPC Standing Committee.

DocumentNo. 10 Presidential Decree No.72

Promulgated on August 30th, 2007

Deactivation time

Source of regulations/News Center/2007-08/31/content _ 6635176.htm.

full text

"People's Republic of China (PRC) City Real Estate Management Law"

the National People's Congress Standing Committee (NPCSC)

"People's Republic of China (PRC) City Real Estate Management Law"

(Adopted at the Eighth Session of the Standing Committee of the Eighth NPC on July 5, 2007 1994, revised according to the Decision on Amending the Law of People's Republic of China (PRC) Municipality on Urban Real Estate Management at the 29th Session of the Standing Committee of the Tenth NPC on August 30, 2007).

catalogue

Chapter I General Provisions

Chapter II Land for Real Estate Development

Section 1 Transfer of Land Use Rights

Section 2 Distribution of Land Use Rights

Chapter III Real Estate Development

Chapter IV Real Estate Transactions

Section 1 General Provisions

Section 2 Transfer of Real Estate

Section 3 Real Estate Mortgage

Section 4 Housing Lease

Section 5 Intermediary service institutions

Chapter V Registration Management of Real Estate Ownership

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated with a view to strengthening the management of urban real estate, maintaining the order of the real estate market, safeguarding the legitimate rights and interests of real estate owners and promoting the healthy development of the real estate industry.

Article 2 This Law shall be observed in obtaining the land use right of real estate development land, engaging in real estate development, real estate transaction and real estate management within the state-owned land (hereinafter referred to as state-owned land) in People's Republic of China (PRC) urban planning area.

The term "houses" as mentioned in this Law refers to buildings and structures such as houses on land.

The term "real estate development" as mentioned in this Law refers to the construction of infrastructure and houses on the land that has obtained the right to use state-owned land in accordance with this Law.

Real estate transactions mentioned in this Law include real estate transfer, real estate mortgage and house lease.

Article 3 The state practices a system of paid and restricted use of state-owned land according to law. However, unless the state allocates the right to use state-owned land within the scope prescribed by this law.

Article 4 The state supports housing construction and gradually improves the living conditions of residents according to the level of social and economic development.

Fifth real estate owners should abide by laws and administrative regulations and pay taxes according to law. The legitimate rights and interests of real estate owners are protected by law, and no unit or individual may infringe upon them.

Article 6 In order to meet the needs of public interests, the state may expropriate the houses of units and individuals on state-owned land, and give compensation for demolition according to law, so as to safeguard the legitimate rights and interests of the expropriated person; Expropriation of individual houses should also guarantee the living conditions of the expropriated person. Specific measures shall be formulated by the State Council.

Seventh the State Council construction administrative departments and land management departments shall, in accordance with the division of functions and powers stipulated by the State Council, carry out their duties and cooperate closely to manage the national real estate work.

The establishment of real estate management and land management departments of local people's governments at or above the county level and their functions and powers shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Chapter II Land for Real Estate Development

Section 1 Transfer of Land Use Rights

Article 8 Transfer of land use right refers to the act that the state transfers the state-owned land use right (hereinafter referred to as land use right) to land users within a certain period of time, and the land users pay the land use right transfer fee to the state.

Article 9 The right to use state-owned land may be transferred with compensation after the collectively-owned land in the urban planning area is expropriated and converted into state-owned land according to law.

Article 10 The assignment of land use rights must conform to the overall land use planning, urban planning and annual construction land plan.

Article 11 Where a local people's government at or above the county level transfers the land use right for real estate development, it shall, according to the control indicators issued by the people's government at or above the provincial level, prepare an annual plan for the total area of land use right transfer, and submit it to the State Council or the provincial people's government for approval in accordance with the provisions of the State Council.

Twelfth land use rights transfer, by the city and county people's government in a planned and step-by-step manner. The land management department of the people's government of the city or county shall, jointly with the urban planning, construction and real estate management departments, draw up a plan for the use, life and other conditions of each plot, and implement it after being reported to the people's government with the right of approval in accordance with the provisions of the State Council.

The exercise of the functions and powers prescribed in the preceding paragraph by the people's governments at the county level and the relevant departments of municipalities directly under the Central Government shall be prescribed by the people's governments of municipalities directly under the Central Government.

Thirteenth transfer of land use rights, can take the form of auction, bidding or mutual agreement.

Commercial, tourism, entertainment and luxury residential land, conditional, must be taken by auction and tender; If auction or tender cannot be used unconditionally, it can be agreed by both parties.

The transfer fee for the land use right agreed by both parties shall not be lower than the lowest price determined by the state.

Article 14 The maximum term of assignment of land use rights shall be stipulated by the State Council.

Fifteenth transfer of land use rights, should sign a written transfer contract.

The land use right transfer contract is signed by the land management department of the people's government of the city or county and the land user.

Sixteenth land users must pay the leasing of land use rights in accordance with the contract; Failing to pay the transfer fee for the land use right as agreed in the transfer contract, the land management department has the right to terminate the contract and may demand compensation for breach of contract.

Seventeenth land users in accordance with the transfer contract to pay the transfer fee of land use rights, the land management department of the people's government of the city or county must provide the land sold in accordance with the transfer contract; If the leased land is not provided in accordance with the transfer contract, the land user has the right to terminate the contract, the land management department will return the transfer fee of the land use right, and the land user may also request compensation for breach of contract.

Article 18 If a land user needs to change the land use agreed in the land use right transfer contract, he must obtain the consent of the transferor and the competent department of urban planning administration of the municipal or county people's government, sign an agreement on the change of the land use right transfer contract or re-sign the land use right transfer contract, and adjust the land use right transfer fee accordingly.

Nineteenth land use rights transfer fees should be turned over to the government and included in the budget for urban infrastructure construction and land development. Specific measures for the payment and use of land use right transfer fees shall be formulated by the State Council.

Article 20 The land use right legally obtained by land users shall not be taken back by the state before the expiration of the service life stipulated in the transfer contract; Under special circumstances, according to the needs of social public interests, it can be recovered in advance in accordance with legal procedures, and corresponding compensation can be given according to the actual service life of the land and the actual situation of land development.

Twenty-first land use rights shall be terminated due to the loss of land.

Twenty-second land use right transfer contract expires, land users need to continue to use the land, the latest one year before the expiration of the application for renewal, unless the public interest needs to recover the land, otherwise it should be approved. If the renewal is approved, the land use right transfer contract shall be re-signed and the land use right transfer fee shall be paid according to the regulations.

The land use right transfer contract expires, and the land user fails to apply for renewal, or the application for renewal in accordance with the provisions of the preceding paragraph is not approved, the land use right shall be recovered by the state free of charge.

Section 2 Distribution of Land Use Rights

Twenty-third land use right allocation refers to the people's government at or above the county level after paying compensation, resettlement and other expenses, approving the use of land users, or handing over the land use right to land users free of charge.

Unless otherwise provided by laws and administrative regulations, there is no restriction on the term of use if the land use right is obtained by allocation in accordance with the provisions of this Law.

Twenty-fourth the following construction land use rights, if necessary, can be approved by the people's governments at or above the county level according to law:

(a) land for state organs and military use;

(two) urban infrastructure and public welfare land;

(3) Land for energy, transportation, water conservancy and other projects supported by the state;

(four) other land as prescribed by laws and administrative regulations.

Chapter III Real Estate Development

Twenty-fifth real estate development must strictly implement urban planning, and implement comprehensive planning, rational layout, comprehensive development and supporting construction in accordance with the principle of unity of economic benefits, social benefits and environmental benefits.

Twenty-sixth to obtain land use rights for real estate development by means of transfer, the development must be carried out in accordance with the land use and development period agreed in the land use right transfer contract. If the development has not started for one year beyond the date agreed in the transfer contract, the land idle fee equivalent to less than 20% of the transfer fee for land use rights may be levied; If the development has not started for two years, the land use right can be recovered free of charge; However, unless the start of development is delayed due to force majeure or the actions of the government and relevant government departments or the preliminary work necessary for the start of development.

Article 27 The design and construction of real estate development projects must conform to the relevant national standards and norms.

Real estate development projects can only be delivered after completion and acceptance.

Article 28 Land use rights obtained according to law may be converted into shares at a fixed price to jointly develop and operate real estate in accordance with this Law and relevant laws and administrative regulations.

Article 29 The State adopts preferential measures such as taxation to encourage and support real estate development enterprises to develop and build houses.

Thirtieth real estate development enterprises are enterprises engaged in real estate development and management for the purpose of making profits. The establishment of a real estate development enterprise shall meet the following conditions:

(1) Having its own name and organization;

(2) Having a fixed business place;

(3) Having a registered capital meeting the requirements of the State Council;

(four) there are enough professional and technical personnel;

(5) Other conditions stipulated by laws and administrative regulations.

The establishment of a real estate development enterprise shall apply to the administrative department for industry and commerce for registration of establishment. The administrative department for industry and commerce shall register and issue a business license to those who meet the requirements stipulated in this law; Those who do not meet the requirements stipulated in this law shall not be registered.

Where a limited liability company or a joint stock limited company is established to engage in real estate development and operation, the relevant provisions of the Company Law shall also be implemented.

A real estate development enterprise shall, within one month after obtaining the business license, go to the department designated by the local people's government at or above the county level where the registration authority is located for the record.

Thirty-first real estate development enterprises registered capital and total investment ratio shall comply with the relevant provisions of the state.

If a real estate development enterprise develops real estate by stages, the amount of investment by stages shall be commensurate with the scale of the project, and in accordance with the stipulations of the land use right transfer contract, it shall invest funds for the project construction on schedule.

Chapter IV Real Estate Transactions

Section 1 General Provisions

Thirty-second real estate transfer, mortgage, housing ownership and land use rights within the scope of housing occupation at the same time transfer, mortgage.

Thirty-third benchmark land price, demarcation land price and the replacement price of all kinds of houses shall be determined and published regularly. Specific measures shall be formulated by the State Council.

Article 34 The State practices a real estate price appraisal system.

Real estate price evaluation should follow the principles of justice, fairness and openness, based on the benchmark land price, the calibrated land price and the replacement price of various houses with reference to the local market price, and be carried out in accordance with the technical standards and evaluation procedures stipulated by the state.

Article 35 The State implements the system of real estate transaction price declaration.

When transferring real estate, the real estate owner shall truthfully declare the transaction price to the department designated by the local people's government at or above the county level, and shall not conceal or falsely declare it.

Article 36 When transferring or mortgaging real estate, the parties concerned shall register the ownership in accordance with the provisions of Chapter V of this Law.

Section 2 Transfer of Real Estate

Article 37 The transfer of real estate refers to the act that the owner of real estate transfers his real estate to others through sale, gift or other legal means.

Thirty-eighth the following real estate may not be transferred:

(a) the acquisition of land use rights by means of transfer does not meet the conditions stipulated in Article 39 of this Law;

(two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law;

(three) to recover the land use right according to law;

(four) without the written consent of other people, * * * owns real estate;

(five) the ownership is controversial;

(6) Failing to register according to law and obtaining the ownership certificate;

(seven) other circumstances in which the transfer is prohibited by laws and administrative regulations.

Thirty-ninth to obtain land use rights and transfer real estate, the following conditions shall be met:

(a) according to the transfer contract, all the land use right transfer fees have been paid, and the land use right certificate has been obtained;

(two) investment and development in accordance with the transfer contract, which belongs to housing construction projects, exceeds 25% of the total investment in development, and belongs to plots of land, forming industrial land or other construction land conditions.

If the house has been completed when the real estate is transferred, it shall also hold the house ownership certificate.

Fortieth to obtain the land use right by allocation, the transfer of real estate shall be reported to the people's government with the right of approval for examination and approval in accordance with the provisions of the State Council. If the people's government with the right of approval approves the transfer, the transferee shall go through the formalities for transferring the land use right and pay the transfer fee for the land use right in accordance with the relevant provisions of the state.

If the land use right is obtained by allocation, and the people's government with the right of approval decides not to go through the formalities of land use right transfer when the real estate transfer is examined and approved, the transferor shall turn over the land proceeds from the real estate transfer to the state or make other treatments in accordance with the provisions of the State Council.

Forty-first real estate transfer, a written transfer contract shall be signed, and the contract shall specify the way to obtain the land use right.

Article 42 When the real estate is transferred, the rights and obligations stipulated in the land use right transfer contract shall be transferred accordingly.

Article 43 If the land use right is obtained by means of transfer, after the transfer of real estate, the service life of the land use right shall be the remaining service life after deducting the service life of the original land user from the service life agreed in the original land use right transfer contract.

Article 44 If the land use right is obtained by allocation, and the transferee changes the land use agreed in the original land use right transfer contract after the transfer of real estate, it must obtain the consent of the original transferor and the competent department of urban planning administration of the municipal or county people's government, sign an agreement on the change of the land use right transfer contract or re-sign the land use right transfer contract, and adjust the land use right transfer fee accordingly.

Article 45 The pre-sale of commercial housing shall meet the following conditions:

(a) have paid all the leasing fees for land use rights and obtained the certificate of land use rights;

(2) Holding a construction project planning permit;

(three) according to the pre-sale of commercial housing, the investment in development and construction has reached more than 25% of the total investment in engineering construction, and the construction progress and completion delivery date have been determined;

(four) to the real estate management department of the people's government at or above the county level for pre-sale registration, and obtain the pre-sale permit certificate of commercial housing.

The pre-sale of commercial housing shall, in accordance with the relevant provisions of the state, report the pre-sale contract to the real estate management department and land management department of the people's government at or above the county level for registration.

The proceeds from the pre-sale of commercial housing must be used for related projects.

Forty-sixth commercial housing pre-sale, commercial housing pre-buyers will buy unfinished pre-sale commercial housing transfer again, by the the State Council regulations.

Section 3 Real Estate Mortgage

Article 47 The mortgage of real estate refers to the act that the mortgagor provides the mortgagee with debt performance guarantee with his legal real estate without transferring possession. When the debtor fails to perform his debts, the mortgagee has the right to be paid in priority with the proceeds from auction of mortgaged real estate according to law.

Forty-eighth legally acquired housing ownership and land use rights within the scope of occupation can be mortgaged.

The land use right obtained by means of transfer can be mortgaged.

Forty-ninth real estate mortgage should be handled with the certificate of land use right and the certificate of house ownership.

Fiftieth real estate mortgage, the mortgagor and the mortgagee shall sign a written mortgage contract.

Article 51 The right to use the land mortgaged by real estate shall be obtained by allocation. After the real estate is auctioned according to law, the mortgagee shall be paid the amount equivalent to the payable land use right transfer fee from the auction price, and then the mortgagee can be compensated in priority.

Article 52 After the signing of the real estate mortgage contract, the newly-built houses on the land do not belong to the mortgaged property. When the mortgaged real estate needs to be auctioned, the new houses on the land can be auctioned together with the mortgaged property according to law, but the mortgagee has no right to be compensated in priority for the proceeds from the auction of the new houses.

Section 4 Housing Lease

Fifty-third house leasing refers to the behavior that the owner of the house, as the lessor, rents his house to the lessee for use, and the lessee pays the rent to the lessor.

Article 54 For house leasing, the lessor and the lessee shall sign a written lease contract, stipulating the lease term, lease purpose, lease price, repair responsibility and other rights and obligations of both parties, and register with the real estate management department for the record.

Article 55 The leasing of residential houses shall implement the leasing policy stipulated by the state and the people's government of the city where the house is located. If the leased house is engaged in production and business activities, the rent and other lease terms shall be agreed by both parties.

Article 56 If a house owner rents out a house built on state-owned land that has obtained the right to use by allocation for profit, he shall turn over the land income included in the rent to the state. Specific measures shall be formulated by the State Council.

Section 5 Intermediary service institutions

Fifty-seventh real estate intermediary service agencies include real estate consulting agencies, real estate price assessment agencies, real estate brokerage agencies and so on.

Article 58 A real estate intermediary service institution shall meet the following conditions:

(1) Having its own name and organization;

(2) Having a fixed service place;

(3) Having the necessary property and funds;

(4) Having a sufficient number of professionals;

(5) Other conditions stipulated by laws and administrative regulations.

The establishment of a real estate intermediary service institution shall apply to the administrative department for industry and commerce for registration of establishment and obtain a business license before it can start business.

Article 59 The State practices the qualification certification system for real estate appraisers.

Chapter V Registration Management of Real Estate Ownership

Article 60 The state practices a system of registration and certification of land use rights and house ownership.

Article 61 Anyone who obtains the land use right by means of transfer or allocation shall apply to the land administration department of the local people's government at or above the county level for registration. After verification by the land administration department of the local people's government at or above the county level, the land use right certificate shall be issued by the people's government at the same level.

If a house is built on the land for real estate development obtained according to law, it shall apply to the real estate management department of the local people's government at or above the county level for registration with the certificate of land use right, and the real estate management department of the local people's government at or above the county level shall verify and issue the certificate of ownership of the house.

When real estate is transferred or changed, it shall apply to the real estate management department of the local people's government at or above the county level for registration of change of real estate, and apply to the land management department of the people's government at the same level for registration of change of land use right on the basis of the changed house ownership certificate. After verification by the land administration department of the people's government at the same level, the land use right certificate shall be replaced or changed by the people's government at the same level.

If it is otherwise provided by law, it shall be handled in accordance with the provisions of relevant laws.

Article 62 When a real estate is mortgaged, it shall be registered with the department designated by the local people's government at or above the county level.

Where the land use right and house ownership are obtained due to the disposal of mortgaged real estate, the transfer registration shall be handled in accordance with the provisions of this chapter.

Article 63 If the people's governments of provinces, autonomous regions and municipalities directly under the Central Government determine that the local people's governments at or above the county level are in charge of real estate management and land management, they may make and issue unified real estate ownership certificates, and record the confirmation and change of house ownership and land use rights within the scope of house occupation in the real estate ownership certificates respectively in accordance with the provisions of Article 61 of this Law.

Chapter VI Legal Liability

Article 64 Whoever, in violation of the provisions of Articles 11 and 12 of this Law, approves the assignment or transfer of the right to use land for real estate development without authorization shall be given administrative sanctions by the higher authorities or the unit to which he belongs.

Article 65 Whoever, in violation of the provisions of Article 30 of this Law, engages in real estate development and business activities without obtaining a business license shall be ordered by the administrative department for industry and commerce of the people's government at or above the county level to stop real estate development and business activities, and his illegal income shall be confiscated and he may also be fined.

Article 66 Whoever transfers the land use right in violation of the provisions of the first paragraph of Article 39 of this Law shall have his illegal income confiscated by the land administration department of the people's government at or above the county level and may also be fined.

Article 67 Whoever transfers real estate in violation of the provisions of the first paragraph of Article 40 of this Law shall be ordered by the land administration department of the people's government at or above the county level to pay the transfer fee for the right to use the land, confiscate the illegal income and may also be fined.

Article 68 Whoever presales a commercial house in violation of the provisions of the first paragraph of Article 45 of this Law shall be ordered by the real estate administrative department of the people's government at or above the county level to stop the presale activity, confiscate the illegal income and may also be fined.

Article 69 Anyone who, in violation of the provisions of Article 58 of this Law, engages in real estate intermediary services without obtaining a business license shall be ordered by the administrative department for industry and commerce of the people's government at or above the county level to stop real estate intermediary services, his illegal income shall be confiscated and he may also be fined.

Article 70 If a real estate development enterprise has no legal or regulatory basis for charging fees, the higher authorities shall order it to refund the money collected; If the circumstances are serious, the person directly responsible shall be given administrative sanctions by his superior organ or unit.

Article 71 If the staff of real estate management departments and land management departments neglect their duties and abuse their powers, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions.

The staff of the real estate management department and the land management department take advantage of their positions to ask for other people's property, or illegally accept other people's property to seek benefits for others, which constitutes a crime, and shall be investigated for criminal responsibility in accordance with the supplementary provisions on punishing corruption and bribery crimes; If it does not constitute a crime, it shall be given administrative sanctions.

Chapter VII Supplementary Provisions

Article 72 Obtaining the land use right of real estate development land, engaging in real estate development and trading activities and implementing real estate management on state-owned land outside the urban planning area shall be implemented with reference to this Law.

Article 73 This Law shall come into force as of June 65438+June 65438+10/October +0.