Dilemma of land use right expansion: the urgent need for law to "center"

For more than ten years, the renewal of the right to use residential construction land is still pending, and top-level design is urgently needed.

Recently, the application for a 50-year property right house with an area of 80.58 square meters in Shenzhen was extended to 70 years, and the owner paid a premium of 44,940 yuan, accounting for only 0.7% of the market price of the house.

According to Wenzhou Daily, due to the expiration of land use rights, some citizens in Wenzhou cannot buy and sell land normally. If they want to renew their land, they must pay the land transfer fee, which accounts for one-third of the total house price.

The treatment methods of the two places are completely different, which reflects the complexity of local land use rights and the regional differences in legal understanding.

In fact, it is not the first time this year that this kind of renewal fee and second-hand housing transaction dilemma arises due to the expiration of land use rights. For more than a decade, such cases have occurred in Shenzhen, Qingdao, Sichuan and other places, but this problem has always stayed at the level of local governments, lacking top-level design.

Shu Kexin, a researcher at the Center for Institutional Analysis and Public Policy Research of Renmin University of China, believes that this should be taken as an opportunity to change the cost of land use from one-time payment of land transfer fees to regular collection of real estate taxes.

Second-hand housing transactions have been affected.

Earlier, Wenzhou Daily reported that Mr. Wang, who bought a house in Wenzhou urban district, got the real estate license on March 3 1 this year, and there was a line on the new real estate license-"The land use period will end on March 4, 20 16".

After consulting the land department, the answer is: pay the land transfer fee first, and then re-approve.

At that time, Mr. Wang paid more than 600,000 yuan, and the local land price appraisal firm got about 300,000 land transfer fees, which made him and his wife completely unexpected.

Mr. Wang will not be a minority. In the next decade, there will be more "limited collision" housing land use rights due.

According to the person in charge of the land and resources department of Wenzhou, there are more than 600 land use certificates with a 20-year term within the main urban area of Wenzhou that will expire by the end of 20 17, and more than 700 by the end of 20 19.

In Qingdao, due to the age of the land, the price of second-hand houses in some communities has always been unable to increase and the liquidity is poor. Qilu Evening News once reported that Mr. Sun's house, who lives in Alishan Community in Qingdao, has not been sold for more than a month. "The 78-square-meter house is still on the second floor, and the price is 560,000, a little more than 7,000 per square meter."

This community is the school district of Xiangjiang Road No.1 Primary School. The average price is still around 7,000 yuan, and the housing prices in the surrounding communities are close to or over 10,000 yuan.

Data show that since the establishment of Qingdao Development Zone, there have been 4 1 residential land with a service life of 20 years and 30 years, and many residential land use rights have expired or will expire soon.

Zhang Dawei, chief analyst of Zhongyuan Real Estate, believes that the land tenure system in some cities in China will affect the future development of the real estate market, especially some second-hand houses with a retention period of more than half. If the renewal fee is too high, it is likely to affect the price.

He pointed out that at present, the investment atmosphere in China's real estate market is strong, and the housing prices in major cities are basically at historical highs. From the absolute value of housing prices and the comparison between housing prices and rents, they are far from reaching the residential value. Take first-tier cities as an example, the rental-to-sale ratio is above 300-400, while it is basically around 100 in foreign countries.

Over the years, real estate has been a pillar economy, and most of the assets of China people are stored in real estate. How to implement this policy will be related to social stability.

According to the survey data of 20 15 of CHFS (China household finance survey) of Southwestern University of Finance and Economics, the proportion of middle-class wealth in real estate in China is 79.5%, which is much higher than that of American and Japanese families. The allocation ratio of financial assets is only 10.8%.

Zhang Dawei believes that although there are fewer houses due in Wenzhou, there will be more and more such houses in the future, so it is necessary to improve the top-level design and formulate relevant policies as soon as possible.

There is an urgent need for legal clarity.

If the expiration of real estate land use rights in Shenzhen, Wenzhou, Jinan, Qingdao and other places is more of a legacy of history, then a large number of residential land property rights expire in 70 years, what should I do a few years later? This may require further legal details.

In China, housing property right consists of housing ownership and land use right.

The Property Law stipulates that the ownership of the house is permanent, but the land use right occupied by the house has a fixed period, with a maximum of 70 years for the house and 50 years for the business.

This fundamentally involves how to solve the problem of separation of premises: that is, urban land belongs to state-owned and the right to use urban state-owned land is transferred. The longest life of residential land is 70 years, but the houses attached to it are privately owned.

Article 149 of the Property Law stipulates that "the right to use residential construction land will be automatically renewed when it expires." However, there are no specific regulations on how to "automatically renew the fee", whether to pay or not, and how to pay if you pay.

Sun, a researcher at the Institute of Law of China Academy of Social Sciences who participated in the legislative process of the Property Law, believes that the government enjoys land ownership and the people enjoy the right to use construction land and house ownership, which is more conducive to solving the legal problems of urban residents' housing.

Sun believes that the original intention of legislation is "automatic renewal", that is, it can be renewed without going through any formalities and paying fees.

However, according to the current land system, the land use right actually included in the house price is fixed, and the owner only has the property right of indefinite building.

In Yang Hongxu's view, even if the land use right expires, there is no time limit for housing property rights. As long as the house does not collapse and disappear, the government will compensate the owner if it is demolished.

In his view, the biggest possibility of renewing residential land is to pay a certain land use fee, that is, land transfer fee. However, the level of this fee will definitely be significantly lower than the land price newly sold (sold to developers) in the same region, which belongs to the policy of benefiting the people and involves more than 90% of urban residents (the private rate of urban housing in China has reached 90%), and there must be preferential treatment.

As for how to charge, Shu Kexin believes that this kind of problem will be an opportunity to change the charge for land use rights into a tax system. At present, China's real estate purchase cost is high and the holding cost is low, so it should gradually transition to high holding cost. It is not advisable for cities such as Shenzhen to pay the land transfer fee in one lump sum, and it should be changed to a mode of paying low real estate tax on a regular basis, which also gives these people who want to continue to own real estate a "reassurance".

However, when it is implemented, it must be approved by the local people's congress and the collection ratio should be set according to their actual situation. "This is reasonable," said Shu Kexin.

(The above answers were published on 20 16-04-24. Please refer to the actual situation for the current purchase policy. )

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