On April 15, according to the Wenzhou network reported in recent days, the Wenzhou people land use period expires or is about to expire, faces will cost hundreds of thousands of Yuan higher land grant "bought" in order to renew the certificate of land suffered, triggered heated and the concerns of the community.
There was general concern is, after the expiration of the houses they buy right, need to pay huge amounts of land can be renewed. Laws in the absence of clear and specific implementation details of the case, also make a potential problem on the table again.
Real estate law of Beijing law society's Vice President and Secretary General says Yin Fei, Director of the Institute, Central University of finance and real estate law: the law on real right for use of land for housing construction in full after the deadline "automatic renewal" whether paid, law did not explicitly, but you need to clear the automatic renewal is not an "unconditional". Because in the real right law said the "automatic renewal" was aimed at "renewal", after the expiry of the right of renewal to be central Government enact laws to improve. Party media published an article in response to
Wenzhou events aroused the widespread concern comes from a group of 20 unconventional plot of land. Promulgated by the State Council of the town of interim regulations on State-owned land use right transfer and transfer of, assignment of the land-use agreements in maximum residential land for 70 years.
Land use in Wenzhou City Bureau of land and resources management office, Zhang Shaoqing said in a media interview, at first, in order to promote the work of State-owned land use right transfer in Wenzhou, is premised on not more than live up to age 70 years, from 20-70, by the assignee to choose the transfer formalities and pay the appropriate amount of land. Since last year, a period of 20 years of residential land or coming due.
Also put some people under 20-year time limit expires or is about to expire to a one-off payment of higher land transfer of the burden.
October 1, 2007 implementation of the People's Republic of China real right 149th 1th of the Act provides that: "expiring during the use of land for housing construction, the automatic renewal. "But does not specify how to renew required not required to pay land fees and pay standard is not clear.
Zhang Shaoqing, said countries there is no specific implementation details of the case, our grassroots land sector at present only in the light of the practice of State-owned land, assessed by a third party agency assessed land prices, based on unit price, or converted into a floor price, calculate the total land transfer, renewal of State-owned land use right grant contract. Now inclusive programmes are also being studied.
Real estate law of Beijing law society's Vice President, Professor, school of law, Tsinghua University, Cheng Xiao pointed out that, at the time of drafting of the property law for housing land after the expiration of the related departments in action on contentious, but did not clearly specified in terms of the real right Act.
Cheng Xiao, after the expiration of the right, prior to the formal regulations, a more reasonable approach is to let the public be renewed automatically, and later again by land transfer income is tax. If we blindly allow the public to pay land transfer is clearly unreasonable.
Noteworthy is that housing reform starting in 1998, therefore the development of newly-built commercial housing market in nearly 20 years. E-House Research Institute think-tank, Center Director Yan Yuejin said, for the vast majority of cities, most of the residential land is transferred by the 70, so does not need to have a lot of concerns.
Industry sources said, "in formulating the property law is deliberately not clear how to do this, after all, most of the city is 70-year property, so considering that is decades away, the law does not define. "
However, in the view of the industry, the Wenzhou event exposure was good, had temporarily put the issue back on the table to solve.
Yin Fei said, about how the land-use right upon expiry of the term operation also requires the central top design, requires some legal norms. "Personally, pay land transfer is not a good way, it can be changed to a property tax. Because the relationship between land leasing and real estate tax was controversial, now owned by real estate property tax is clearly not reasonable, so land can be considered after completion of the House collection. "
Yin Fei says, if in accordance with the land grant to pay the land premium, there will be the same phenomenon in different years, according to how much land, different owners may receive 30, 40, 50 years of land use.
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