Is it illegal for developers to use villas (townhouses) on commercial and residential land?

It is not illegal for developers to use villas (townhouses) on commercial and residential land. "Commercial and residential land" refers to the comprehensive land compatible with commercial and residential use, which is not clearly stipulated in the current law. In the National Land Classification (Trial) issued by the Ministry of Land and Resources, the mixed commercial and residential land for urban residents is defined as urban mixed residential land and classified as residential land.

Whether it is used to build townhouses or commercial and residential dual-use houses is not mandatory. At present, the difference between commercial and residential land is only the land use period and the land transfer fee paid by the developer.

Service life of commercial land: according to the Provisional Regulations of the People's Republic of China on Assignment and Transfer of Urban State-owned Land Use Rights (the State Council OrderNo. 15 of the People's Republic of China) and Article 12 of the People's Republic of China (PRC) Property Law.

The maximum period of land use right transfer is determined according to the following purposes: 70 years for residential land; Fifty years of industrial land; Fifty years of land for education, science and technology, culture, health and sports; Forty years of commercial, tourism and entertainment land; Comprehensive or other land use for 50 years.

Article 149 The right to use residential construction land shall 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.

According to Article 214th of the Contract Law, the lease term shall not exceed 20 years. More than twenty years, the excess is invalid. Upon the expiration of the lease term, the parties may renew the lease contract, but the agreed lease term shall not exceed 20 years from the date of renewal.

Extended data:

According to Article 14 of the Property Law of People's Republic of China (PRC), the establishment, alteration, transfer and extinction of the property right of real estate that should be registered according to law shall take effect when it is recorded in the real estate register.

Article 15 A contract concluded between the parties on the establishment, alteration, transfer and extinction of the real right of immovable property shall come into effect upon the establishment of the contract, unless it is otherwise stipulated by law or the contract; Failure to register the real right shall not affect the validity of the contract.

Sixteenth real estate registration book is the basis for the ownership and content of real right. The real estate register is managed by the registration agency.

Seventeenth real estate ownership certificate is the proof that the right holder enjoys the real estate right. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.

Eighteenth rights holders and interested parties may apply for inquiring and copying the registration materials, and the registration institution shall provide them.

Article 19 If the obligee or interested party thinks that the items recorded in the real estate register are wrong, it may apply for correction of registration. If the obligee recorded in the real estate register agrees to make corrections in writing or there is evidence to prove that the registration is indeed wrong, the registration institution shall make corrections.

If the obligee recorded in the real estate register has any objection to the correction, the interested party may apply for objection registration. If the registration authority registers the objection, and the applicant fails to file a lawsuit within 15 days from the date of objection registration, the objection registration is invalid. If improper registration of objections causes damage to the obligee, the obligee may claim damages from the applicant.

Article 20 If a party signs a property right agreement on the sale of a house or other immovable property, it may apply to the registration authority for advance notice registration in accordance with the agreement in order to ensure the realization of the property right in the future. After the advance notice registration, if the obligee without advance notice registration agrees to dispose of the real estate, the real right effect will not occur.

After the advance notice registration, the creditor's rights are extinguished or the application for registration is not made within three months from the date when the real estate registration can be carried out, and the advance notice registration is invalid.

Article 21 If a party provides false materials to apply for registration and causes damage to others, it shall be liable for compensation.

If the registration error causes damage to others, the registration institution shall be liable for compensation. After compensation, the registration institution may claim compensation from the person who caused the registration error.

Twenty-second real estate registration fees shall be charged one by one, and shall not be charged according to the area, volume or price of real estate. The specific charging standard shall be stipulated by the relevant departments of the State Council jointly with the competent price department.

Article 28 Where the establishment, alteration, transfer or extinction of real right is caused by the legal documents of the people's court or arbitration commission or the expropriation decision of the people's government, it shall take effect when the legal documents or expropriation decision of the people's government takes effect.

Article 29 Where a property right is acquired by inheritance or bequest, it shall take effect from the beginning of inheritance or bequest.

Thirtieth due to legal construction, demolition and other factual acts to establish or eliminate property rights, from the date of realization of the factual act.

Article 31 Whoever enjoys the real right of immovable property in accordance with the provisions of Articles 28 to 30 of this Law shall register in accordance with the law when disposing of the real right. Without registration, the effect of real right will not occur.

Article 32 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation.

Article 33 If there is a dispute over the ownership and content of the real right, the interested party may request confirmation of the right.

Article 34 Where a creditor has no right to possess a realty or chattel, the creditor may request the return of the original property.

Article 35 Where the real right is damaged or may be damaged, the obligee may request that the obstruction or danger be removed.

Article 36 Where a realty or chattel is damaged, the obligee may request to repair, redo, replace or restore it to its original state.

Article 37 If the infringement of property rights causes damage to the obligee, the obligee may demand compensation for the loss or bear other civil liabilities.

Article 38 The methods of protecting property rights stipulated in this chapter may be applied separately or in combination according to the situation of infringement of rights.

Infringement of property rights, in addition to civil liability, in violation of administrative regulations, shall bear administrative responsibility according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Baidu Encyclopedia-People's Republic of China (PRC) Property Law