On the morning of February 23rd, 65438+10, the Ministry of Land and Resources held a press conference on "Registration Measures for Unified Confirmation of Natural Resources (Trial)". The picture shows Wang Guanghua, member of the Party Group and Vice Minister of the Ministry of Land and Resources, introducing the main contents of the Measures for the Registration of Unified Confirmation of Natural Resources. Photo by Yu Hongqi
The Ministry of Land and Resources talks about the expiration of Wenzhou housing land use right: automatic renewal is free.
165438+1on October 27th, the Central Office of the State Council * * * issued the Opinions on Improving the Property Rights Protection System to Protect Property Rights according to Law, proposing to study the legal arrangements for the expiration of land use rights such as residential construction land, and promote the formation of good and stable expectations of the whole society for the long-term protection of citizens' property. After the "Opinions" were released, all walks of life paid great attention to it, and some media paid attention to the expiration of the right to use state-owned construction land for a few residential buildings in Wenzhou and other places.
Recently, the Ministry of Land and Resources received a request from the Zhejiang Provincial Department of Land and Resources on how to deal with the expiration of the right to use a small number of residential land. The local people in Wenzhou are looking forward to solving the problem of the expiration of the 20-year housing land use right as soon as possible, so as to facilitate them to handle the housing transaction, transfer and real estate registration procedures. In order to solve the practical problems faced by these people and safeguard their rights and interests, the Ministry of Land and Resources and the Ministry of Housing and Urban-Rural Development, after consultation, approved and copied to the local land and resources management departments. Before the relevant legal arrangements are clear, local governments can adopt the transition mode of "two irregularities":
First, there is no need to apply for renewal. If the right to use a small amount of residential construction land expires, the obligee does not need to apply for renewal.
Second, there is no charge. City and county land and resources departments do not charge related fees.
Third, handle the transaction and registration procedures normally. When this kind of house is traded, the real estate transaction and real estate registration procedures should be handled normally. When the term of land use is involved, the original start date and expiration date of the right to use residential construction land should be filled in, and it should be marked: "According to the Reply of the General Office of the Ministry of Land and Resources on Properly Handling the Expiration of the Right to Use a Small Number of Residential Construction Land" (Ministry of Land and Resources 16).
The transitional measure of "two differences are abnormal" proposed by the Ministry of Land and Resources is to implement the requirements of "Opinions of the Central Committee of the State Council on Improving the Property Rights Protection System and Protecting Property Rights according to Law", and the main consideration is to facilitate the people and benefit the people. Before the introduction of relevant legal arrangements, local governments should first solve the practical problems faced by some people, such as the inability to transfer houses, safeguard their rights and interests, and solve the operational problems encountered by administrative departments in real estate transactions and real estate registration.
The reason why it is a transitional way is because the problem in Wenzhou only involves a small amount of housing, which is a case caused by the early stage of reform and has its particularity. On the other hand, the relevant legal arrangements have not yet been promulgated, and local administrative departments should first operate according to this method, and then make a good connection with them after the relevant legal arrangements are promulgated.
The 70-year renewal of the right to use residential land is universal and related to the vital interests of the broad masses of the people. The Ministry of Land and Resources attaches great importance to it, and will continue to strengthen investigation and research, and actively make suggestions and suggestions in related work.
Review on the Expiration of the Right to Use Homestead in Wenzhou City
In April this year, a news shocked the whole Wenzhou real estate market. There are some citizens in Wenzhou who can't complete the transaction after buying and selling second-hand houses normally because the land expires. If you want to renew the lease, you have to pay the land transfer fee, which accounts for about one-third of the total house price. Among them, many citizens found that the land certificate they held stated that the land term would expire in 20 years.
According to reports, after a preliminary investigation by the local land and resources bureau, there are more than 600 cases (sets) in Lucheng District of Wenzhou City. Since last year, these 20-year residential land use rights have expired or will expire soon. Moreover, this time, a group of urban residential land use rights in the early 1990 s are facing the problem of renewal, which may also be a precedent in the country.
The Provisional Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights issued by the State Council 1990 clearly stipulates that the maximum term of assignment of land use rights is determined according to the use, including 70 years for residential land, 50 years for industrial land, 40 years for commercial tourism and entertainment land, and 50 years for other or comprehensive land.
At that time, in order to smoothly promote the transfer of state-owned land use rights, it was divided into 20 to 70 years on the premise of not exceeding the maximum life of residential land of 70 years, and the transferee chose to go through the transfer procedures and pay the corresponding land transfer fee.
Zhang Shaoqing, director of the Land Use Management Office of Wenzhou Municipal Bureau of Land and Resources, said that in the absence of specific implementation rules, grass-roots land departments can only refer to the practice of transferring state-owned land. First of all, the land price is evaluated by a third-party evaluation agency, and the total land transfer fee is calculated according to the unit land price or the converted floor land price, and the contract for transferring the right to use state-owned land is re-signed.
From a national perspective, most residential land use rights are 70 years. Public concern, whether the maximum age is under 70 years old, and how to renew the insurance when it expires?
What should I do if the 70-year residential land use right expires?
(The above answers were published on 20 16- 12-24. Please refer to the actual situation for the current purchase policy. )
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