Influence of Property Law on Real Estate Industry

The Property Law establishes the concept of property right, clarifies that the obligee has exclusive rights to property, provides a powerful protection system for property right, and has a far-reaching impact on the real estate industry involving real estate investment, development, construction and operation. It provides a new implementation system for the current real estate management methods and provides sufficient reserved space for the improvement of real estate-related laws and regulations. The real estate industry needs to treat the property law correctly, and the impact of the property law on the future development of the real estate industry mainly includes the following points.

First, the property law strictly stipulates the transfer, acquisition and development of land.

1. The Property Law strictly stipulates the way of land transfer.

Article 137 of the Property Law stipulates that "if two or more business sites such as industry, commerce, tourism, entertainment and commercial housing intend to use the same land, they shall be sold by public bidding such as bidding and auction". This regulation strengthens the land transfer system, which is conducive to effectively strengthening land supervision, stopping illegal land use and maintaining the continuity of policies. At the same time, it also ensures the rational allocation of land resources, ensures that the government can obtain land benefits and safeguard the interests of the country.

2. The Property Law strictly stipulates the acquisition and development of land.

Article 43 of the Property Law stipulates: "The state implements special protection for cultivated land, strictly restricts the conversion of agricultural land into construction land, and controls the total amount of construction land. Collective-owned land shall not be expropriated in violation of the authority and procedures prescribed by law. " Article 128 stipulates: "Without legal approval, the contracted land shall not be used for non-agricultural construction." Making such a provision in the property law limits the land supply in the market to a certain extent, which may increase the cost of real estate development and affect the speed of real estate development. The irregular way of land expropriation directly with collective economic organizations or local governments will be difficult to continue. This requires real estate enterprises to clarify the specific authority, formulate specific procedures and standardize operations when collecting collective land.

Second, the Property Law clarifies the impact of the term of the right to use residential construction land on the real estate industry.

1. Make "those who have permanent property have perseverance" and lay the foundation for the long-term development of the real estate industry.

Article 149 of the Property Law stipulates: "The right to use residential construction land will be automatically renewed upon expiration. After the expiration of the right to use non-residential construction land, the renewal procedures shall be handled according to law. The ownership of houses and other immovable property on the land, if there is an agreement, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be handled in accordance with the provisions of laws and administrative regulations. " This provision makes buyers more confident in holding private property and lays a solid foundation for the long-term stable development of real estate.

2. Extending the term of land use right is conducive to improving the intrinsic value of real estate and building quality.

The provisions of the Property Law on the extension of the term of land use rights have eliminated the problem of property rights continuation, solved the disputes over the disposal of real estate after the expiration of land use rights, and guaranteed citizens' private property rights, which will further stimulate the desire of buyers and investors to buy houses, create and expand the potential market for developers, and help promote the lasting demand for housing in the real estate market. In addition, this provision also helps to improve the quality of housing, because the so-called "automatic renewal" only extends the term of the right to use the building, not the ownership of the land, so once the building is scrapped, the land will still be nationalized. On the one hand, remind owners to protect their property and actively pay property management fees. After 70 years, as long as the building is healthy, the property is still owned by the owner. On the other hand, in the future, real estate development enterprises will pay more attention to product quality and brand building, and buyers will pay more attention to the overall planning, design, building standards, property quality and service life of real estate, so as to meet buyers' goal of pursuing a comfortable life and their demand for maintaining and increasing the value of property.

Third, the impact of the provisions of the Property Law on land acquisition and demolition on the real estate industry.

1. The property law strictly stipulates the demolition conditions and changes the development mode of the real estate industry.

The first paragraph of Article 42 of the Property Law stipulates that "collectively owned land, houses of units and individuals, and other immovable property may be expropriated in the public interest in accordance with the authority and procedures prescribed by law." This provision shows that collectively owned land, houses of units and individuals and other immovable property can be expropriated; The premise of expropriation must be for the benefit of the public, so as to put an end to the phenomenon that developers use land and the government helps them to remove it to a certain extent, which will fundamentally change the development mode of the real estate industry, especially some developers who are closely related to the government, and risk being eliminated if they do not change their operating mode; Collection must be carried out in accordance with the authority and procedures prescribed by law. In other words, it is not for the needs of public interests, and the subject of expropriation is the state, and no other organization, unit or individual has the right to levy it. Expropriation is not the same as demolition, and it does not necessarily lead to demolition, mainly through demolition; Demolition should not be expropriation, but should include expropriation and non-public welfare demolition. From this, we can make the following judgments: first, urban house demolition, as a basic public welfare undertaking of urban construction, will be mainly carried out by expropriation; Second, the government, as the subject of expropriation, becomes the demolition person, and the legal relationship with the demolition person is not an equal civil subject, but an administrative legal relationship; Third, non-public demolition will become a real civil legal relationship. Due to the contradiction between compensation and resettlement standards and the lack of corresponding enforcement, the number of demolition will be very small, or even basically withdraw from the field of demolition.

2. The provisions of the Property Law on compensation for demolition have increased the development cost of developers.

The second paragraph of Article 42 of the Property Law stipulates that "expropriation of collectively owned land shall pay land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees in full according to law, and arrange social security fees for landless farmers to ensure their livelihood and safeguard their legitimate rights and interests." It can be seen that the property law has taken another step forward in protecting farmers' interests. It turns out that the compensation for expropriation of rural collectively owned land has three parts: land compensation fee, resettlement subsidy and young crops fee. In order to fully protect the interests of farmers, the Property Law adds a social security, which not only guarantees their current life, but also fully considers their future life. It reflects the government's realistic concern for farmers' living problems, but it will undoubtedly increase the cost of land acquisition for developers and slow down the pace of real estate development, which is a severe test for their financial strength.

Paragraph 3 of Article 42 of the Property Law stipulates that "houses and other immovable property of units and individuals shall be expropriated, and compensation for demolition shall be given according to law to safeguard the legitimate rights and interests of the expropriated person; If a personal residence is expropriated, the living conditions of the expropriated person shall also be guaranteed. " This clause protects the rights of property owners. If the state expropriates private property for the needs of public interests, a few people will sacrifice their legal rights to meet greater interests, that is, "public interests." Therefore, the legitimate rights of these ethnic minorities must be compensated by the state. But on the other hand, these regulations may increase the development cost of real estate developers, and at the same time may delay the demolition progress and affect the speed of real estate development. For example, the "nail house" that appeared in various places after the promulgation of the property law is the embodiment of this possibility.

This legislation is more in line with the basic national conditions of our country with a large population and a small land and the purpose of strictly protecting cultivated land, which has a great impact on future land use. From a macro point of view, with the increasing contradiction between land supply and demand, the state will inevitably adopt more scientific and strict policies to regulate real estate land and promote the transformation of real estate development to an economical direction. From the micro level, because land expropriation must meet the needs of public interests, the difficulty and cost of land expropriation for business purposes will be greatly improved. Therefore, it can be predicted that the incremental land use of real estate will be greatly restricted in the future, especially the phenomenon that a large area of agricultural land is converted into real estate land will be effectively curbed, it will be more difficult for real estate enterprises to reserve land, and the potential of urban stock land and idle land will be effectively tapped, especially the relevant provisions on the transfer of construction land use rights in Article 143 of the Property Law will be more conducive to real estate enterprises to revitalize the stock land, and the utilization efficiency and intensity of land-saving housing will be reasonably improved.

Four, the "property law" on the registration system of the impact on the sale of housing.

At present, China's real estate registration mainly adopts the classification system. Taking the registration of real estate ownership as an example, domestic housing and land registration are still managed by real estate and land respectively. This registration method not only increases the links and costs of real estate transactions, but also easily leads to unclear ownership of real estate and difficult to guarantee the security of transactions. In order to further standardize the real estate registration system, the first section of the second chapter of the Property Law has made a number of innovative provisions, established the effective principle of real estate registration, established and improved a series of systems such as unified real estate registration and advance notice registration, which greatly improved the credibility of real estate registration and the transaction security of real estate.

1. The unified registration system can effectively regulate the real estate development and sales behavior.

Real estate registration is an important basis for establishing the property right system and an inevitable requirement of the principle of property right publicity. At present, there are as many as six or seven real estate registration agencies in China. Repeated registration, repeated registration, missed registration, scattered information, waste of resources and other phenomena have added a lot of unnecessary burdens to the parties. It is inevitable to unify the registration agencies. The promulgation of the Property Law will prompt the government to speed up the reform of the unreasonable situation of separate registration of buildings and land, establish a unified urban and rural real estate ownership registration agency, and issue a unified real estate ownership certificate. Although a unified registration system has not been established in many parts of the country, and the Property Law does not stipulate whether the original Housing Authority or the new registration agency is responsible, the implementation of a unified registration system by the state will put an end to the waste of resources such as repeated registration and wrong registration, and make the transaction process more clear and unified, and the property rights more clear. At the same time, it will reduce market segmentation caused by regional differences to a certain extent, improve registration efficiency and reduce transaction costs. For real estate development enterprises, due to the establishment and improvement of the unified registration system, the real estate ownership is clear and the information is easy to query, the development investment of enterprises will be effectively guaranteed, the real estate development and sales behavior can be effectively regulated, and the risk of mergers and acquisitions will be greatly reduced.

2. The advance notice registration system can effectively protect the interests of buyers.

Article 20 of the Property Law stipulates: "When the parties sign an agreement on the sale of housing or other real estate rights, they may apply to the registration authority for advance notice registration in order to ensure the realization of future real rights. After the advance notice registration, if the right holder without advance notice registration agrees to dispose of the real estate, the real right effect will not occur. " Advance notice registration is a special type of real estate registration, which legally restricts the registered obligee to dispose of his rights freely in the form of real right, protects the relative person's right to claim the change of real estate rights, and stabilizes the real estate transaction order, because under the pre-sale system of commercial housing, it often happens that buyers and sellers sign sales contracts and pay part of the house price, and while waiting for the property right certificate, the seller resells the house to others or mortgages the sold house, which seriously damages the interests of the buyer. Therefore, the implementation of the advance notice registration system will greatly regulate and restrain the pre-sale behavior of commercial housing which is widespread in the current real estate market. It can not only protect the rights and interests of relatively weak property buyers, but also restrict the speculative behavior of developers, so that they can operate in good faith and effectively prevent the phenomenon of "selling more in one room". On the other hand, developers can make full use of the advance notice registration system, promote the sale of faster houses in time, and withdraw the development funds in time.

Five, the Property Law has a far-reaching impact on solving the problems existing in property management.

1. stipulates "building ownership".

Article 70 of the Property Law stipulates: "The owners shall have the ownership of the exclusive parts of buildings such as business buildings, and the condominium rights for the parts other than the exclusive parts". This is the first time to put forward the concepts of owner's condominium ownership and property right in the form of national laws. It can be seen that the owner's condominium ownership mainly includes three rights: one is the exclusive right of exclusive parts; Second, some of the builders have the right to * * *; The third is the right to co-manage some * * *. From the perspective of safeguarding the legitimate rights and interests of owners, the Property Law clearly stipulates the differentiated ownership of buildings. However, the ownership of some garages and parking spaces is still complicated in operation, which also leaves room for developers. It is necessary to introduce relevant laws and regulations, clarify their ownership and management methods, and reduce related legal disputes.

2. Changed the traditional way of property management.

Article 81 of the Property Law stipulates: "Owners can manage buildings and their ancillary facilities by themselves, or they can entrust property service enterprises or other managers to manage them. The owner has the right to replace the property service enterprise or other manager selected by the proposed employer according to law. " Article 82 stipulates: "The property management company shall manage the building and its ancillary facilities as entrusted by the owner and accept supervision." Property Law gives managers other than property management enterprises the right to manage residential areas, that is to say, non-property management enterprises or enterprises without property management qualifications can engage in property management, and those who have not obtained the professional qualification certificate of property management can also engage in property management, which puts forward new propositions for the property management industry that implements the qualification management system and challenges the property management department.

Property law also protects the rights of developers.

The Property Law not only protects the legitimate rights and interests of owners, but also protects the rights of property service agencies and developers. Of course, the increase of owners' right to speak in property management also brings challenges and opportunities to some property companies. Only those who truly serve the owners will survive the fittest in the same industry competition. Invisible through the reshuffle of property management, further realize the standardized and reasonable development of the real estate market.

4. The Property Law further clarifies the legal status of the owners' committee and protects the owners' rights.

Article 83 of the Property Law stipulates: "The owners' assembly and the owners' committee have the right to require the actors to stop the infringement, remove the danger, remove the obstruction and compensate for the losses in accordance with laws, regulations and management protocols for acts that damage the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building structures illegally, occupying passages and refusing to pay property fees. If the owner's legitimate rights and interests are infringed, he may bring a lawsuit to the people's court according to law. " This provision clarifies the owners' management responsibilities and rights to the community, and also clarifies the exercise of the right to distinguish ownership of buildings. To a certain extent, the owners' committee can file a lawsuit as a plaintiff, which solves the controversial subject of litigation of the owners' committee at this stage, and will help the owners claim their own rights and interests and protect the legitimate rights and interests of vulnerable groups. Judging from the Property Law, the real estate administrative department has no right to revoke the decision of the owners' committee, and only the people's court can have the right to revoke the decision of the owners' committee. This highlights the equal relationship between owners and owners' committees and the dispute over private rights, rather than the public rights relationship between management and management. The legal jurisdiction of the property law involves all aspects of the people's vital interests, especially the land and housing issues that the people care about, which will have a far-reaching impact on the future development of China's real estate industry.

Six, the property law provides legal protection for the collection of property tax.

The Property Law stipulates that "state, collective and private property rights and the property rights of other obligees are protected by law, and no unit or individual may infringe upon them". Property equality is the most important basic principle of property law. Whether it is state, collective or individual property, as long as it enters the civil field, its legal status is the same and it is also protected by law. The Property Law clearly stipulates the protection of private property and comprehensively stipulates the ownership and use of property rights, which not only provides the necessary legal basis for levying property tax, but also puts forward legal requirements for levying property tax. Levying property tax is conducive to standardizing the tax system of the real estate market, increasing the tax revenue of the retention link, restraining the demand of the real estate market and slowing down the price increase. However, at present, the legal and institutional environment for levying property tax is not perfect, there are a lot of unclear property rights, the real estate registration system is not perfect, and the land system needs to be reformed and improved. These legal and institutional obstacles need to be further resolved.