It is controversial that villages and enterprises jointly build long-term rental apartments.

In recent years, with the acceleration of urban renewal, long-term rental apartments built with the help of collective construction land in old villages have also ushered in a wave of listing climax. Just after the Spring Festival holiday, many Guangzhou residents received calls from real estate agents to sell apartments. Among them, long-term rental apartments built by developers and village collective enterprises are the most concerned by the market.

According to the investigation of Nanfang Daily reporter, the price of this kind of apartment is generally lower than that of ordinary commercial houses circulating in the market, and the geographical location is not bad, and the decoration style is fashionable, so it is favored by the younger generation of housing just-needed groups. However, during the transaction, some "buyers" (in fact, tenants) questioned the current operation mode of developers: because such apartments can't run formal real estate licenses, they can only sign long-term lease contracts with developers. Although the one-time investment transaction cost is low, and the rental return rate in first-tier cities is considerable and stable, there is no legal constraint of the registration and filing system. Tenants will worry that after paying the developer and operating company 50 years' rent at one time, in case of subsequent legal disputes, the interests of tenants will not be guaranteed.

There are risks in the way of "renting for sale"

Therefore, lawyer Hu Guifen, a distinguished expert of Southern Industry Think Tank with many years' experience in real estate legal services and the founding partner of Guangdong Facheng Hui Jun Law Firm, told Nanfang Daily that there is no problem with the collective serviced apartment in such villages. According to the newly revised Land Management Law, collectively operated construction land is designated as industrial, commercial and other operating land. However, it should be noted that this kind of village collective serviced apartment belongs to the village collective, and the customer can't buy the property right of the house, but can only buy the right to use it, and the customer signs a house lease contract with the developer.

The reporter noted that the "Pilot Implementation Plan for the Construction of Leased Housing with Collective Construction Land in Guangzhou" adopted before clearly stated that the leased housing built with collective construction land must be confirmed to the users of collective construction land as a whole, and only one ownership certificate should be handled, and it is not allowed to divide, confirm, transfer, mortgage or sell separately. Meanwhile, the prepaid rent shall not exceed 65,438+02 months, and the lease term shall not exceed 20 years.

For enterprises, investing in building long-term rental apartments is a typical high-input and low-return project. Especially under the constraint of the "three red lines" of real estate financing in recent years, many developers who participated in this heavy asset investment in the early stage hope to speed up the recovery cycle of capital investment. Therefore, in some places recently, there has indeed been a phenomenon that developers "sell by rent" or entrust intermediary companies to underwrite. Some companies even use exaggerated publicity or deceptive marketing methods to achieve the purpose of trading, which has caused some contradictions and disputes among developers, marketing agencies and consumers. Although the relevant departments have made efforts to safeguard the transaction safety of the parties by strengthening supervision, interviewing developers and village collective organizations afterwards, many legal problems arising therefrom still deserve the attention of the industry and the government.

The reporter also learned that because the longest signing time of the lease contract is 20 years, many village collectives and enterprises have the right to use the long-term rental apartment agreement for more than 20 years, or even nearly 50 years. In order to sign the contract smoothly, some developers and apartment management companies acting as "second landlords" have created another so-called supplementary contract in addition to the main cooperation, which broke through the lease term in disguise and "extended" the whole lease term to 49 years.

However, according to expert analysis, there are still some risks in this mode of operation. "This kind of village collective serviced apartment is commonly known as' small property houses'. Buying and selling' small property houses' is not protected by law, and everyone has a general understanding. In recent years, taking advantage of the country's vigorous development of the housing rental market, many' small property houses' are trying to put on the leased' vest' for listing. " Lawyer Hu Guifen told reporters that the civil law stipulates that the lease term shall not exceed 20 years. It is hard to say whether the lease contract signed for more than 20 years can have legal effect. At the same time, the apartment management company collects the rent for 20 years at a time, and its long-term performance ability will be the key to whether the small owners can rent stably for a long time.

Looking forward to the introduction of policies to resolve industry contradictions

The housing problem is a major livelihood issue, which is related to the basic living security of thousands of families. In recent years, from the state to local governments, we are speeding up the establishment of a housing system with multi-subject supply, multi-channel guarantee and simultaneous rent and purchase to solve the housing problems that people care about. Using village collective construction land to build long-term rental apartments is an important measure for the state to vigorously promote this livelihood project. In September 2020, the Ministry of Housing and Urban-Rural Development officially solicited opinions from the public on the Housing Leasing Regulations (Draft for Comment), and standardized the order of the leasing market from the aspects of leasing, leasing enterprises, brokerage activities and support measures, aiming at promoting the healthy development of the housing leasing market. Some developers also told reporters that in view of the special situation that enterprises participate in the construction of long-term rental apartments with large investment and difficult returns, they expect the government to take effective measures as soon as possible to resolve various contradictions in this new format, so that all stakeholders can continue to promote the sustained and high-quality development of long-term rental apartments in a standardized and orderly state.

Lawyer Hu Guifen reminded consumers that in the current environment of housing purchase restriction, consumers need to be sober about commercial housing projects and be cautious in investment behavior. If it is found that the project may have illegal sales, it should consult or complain to the relevant regulatory authorities in time, keep the relevant publicity materials in the process of buying houses as evidence, and take legal measures when necessary. She suggested that the relevant government departments should strengthen the supervision of developers and apartment management companies, continue to crack down on rented houses jointly developed by collective construction land, standardize the housing rental market order, and promote the healthy development of the real estate industry.