Shenzhen non-commodity real estate transfer method is coming! Factories, apartments, etc. It can be transferred in this way.

In June165438+1October 10, Shenzhen Planning and Natural Resources Bureau issued the Measures for the Transfer of Non-commodity Real Estate in Shenzhen (Draft for Comment) (hereinafter referred to as the "Transfer Measures") for public consultation. A hearing on the transfer measures will be held on the afternoon of February 12 15:00- 17:30, 2022.

The term "non-commodity real estate" as mentioned in the Transfer Measures refers to the type of real estate that is supplied by agreement, and the land nature stipulated in the land use right transfer contract (hereinafter referred to as the "transfer contract") or recorded in the real estate registration certificate is non-commodity housing or non-transferable and restricted for personal use.

These Measures shall not apply to land subject to tender, auction and suspension, urban renewal, development and construction, non-agricultural construction, land requisition and return, land consolidation and reservation, illegal buildings left over from history and residential real estate.

The "Transfer Measures" put forward:

● Real estate for industrial, new-type industrial, warehousing and logistics purposes: non-commodity workshops, R&D buildings, warehouses (yards), logistics buildings and other real estate, which can enter the market after 10 years after paying the land price according to regulations, and the overall transfer is restricted. The transferee shall abide by the relevant provisions of the transfer of industrial buildings and the management of industrial blocklines in our city, and obtain the consent of the competent industrial department.

● Commercial real estate: commercial, office, hotel building, business apartment, amusement facilities and other non-commercial real estate. After paying the land price according to the regulations, it can be transferred to the site, and the real estate such as amusement facilities, hotel buildings, meat market and conference center can only be transferred as a whole.

● Housing for public facilities: among non-operating housing such as public management and service facilities, transportation facilities and public facilities, for-profit housing can enter the market after paying the land price according to regulations, and it is limited to the whole transfer; Non-profit real estate shall not be transferred in principle. If it is really necessary to transfer under special circumstances, it shall be handled by the competent department of industry according to the procedures and implemented after being approved by the people's government with the right of approval. Involving the transfer of assets between state-owned enterprises, after complying with the relevant regulations and obtaining the approval documents from the competent department of state-owned assets, the real estate registration formalities can be directly handled.

The identification of non-profit nature should be determined by the competent department of industry in conjunction with the civil affairs department.

● Real estate with property rights owned by the government: non-commodity real estate with property rights owned by the government or government departments shall not be transferred in principle. However, if the government needs to allocate, transfer or sell the existing assets, it shall apply to the relevant administrative departments in accordance with the regulations, and the financial department shall issue the approval document for the transfer after reviewing and reporting it to the people's government with the approval authority.

Measures of Shenzhen Municipality on the Transfer of Non-commodity Real Estate

(Draft for Comment)

The purpose and purpose of the first item is to accelerate the supply-side structural reform, further revitalize existing assets, improve land use efficiency, promote industrial transformation and upgrading, and standardize the transfer management of non-commodity real estate in our city. According to the relevant laws, regulations and rules and the relevant provisions of our city, combined with the actual situation of this Municipality, these measures are formulated.

Article 2 Scope of Application The term "non-commodity real estate" as mentioned in these Measures refers to the type of real estate that is supplied by agreement, and the nature of the land as stipulated in the land use right transfer contract (hereinafter referred to as the transfer contract) or recorded in the real estate registration certificate is non-commodity housing or non-transferable and restricted for personal use.

These Measures shall not apply to land subject to tender, auction and suspension, urban renewal, development and construction, non-agricultural construction, land requisition and return, land consolidation and reservation, illegal buildings left over from history and residential real estate.

Article 3 Department Responsibilities The municipal planning and land resources department is responsible for the comprehensive management, guidance and supervision of the transfer of non-commodity real estate.

The agency of the municipal planning and natural resources department is responsible for the collection of land price involved in the transfer of non-commodity real estate, and the signing of the supplementary agreement on the transfer of the right to use state-owned construction land.

City real estate registration agency is responsible for the real estate registration of non-commodity real estate transfer.

The competent departments of relevant industries shall assist in the transfer of non-commodity real estate within the scope of their duties.

Article 4 Non-transferable cases Except for laws and regulations or other cases approved by the municipal government, the land use right of non-operating land shall not be transferred before it is completed.

Article 5 Real estate for industrial, new-type industrial, warehousing and logistics purposes, such as non-commodity workshops, R&D buildings, warehouses (fields) and logistics buildings, can enter the market after 10 years, and the overall transfer is restricted. The transferee shall abide by the relevant provisions of the transfer of industrial buildings and the management of industrial blocklines in our city, and obtain the consent of the competent industrial department.

Article 6 Commercial Real Estate Commercial, office, hotel building, commercial apartment, amusement facilities and other non-commercial real estate can enter the market for transfer after paying the transfer fee according to the regulations, and the amusement facilities, hotel building, meat market, conference center and other real estate can be transferred as a whole.

Seventh public facilities with real estate public management and service facilities, transportation facilities, public facilities and other non-commodity real estate. For-profit real estate can enter the market after paying a premium according to regulations, and the overall transfer is limited; Non-profit real estate shall not be transferred in principle. If it is really necessary to transfer under special circumstances, it shall be handled by the competent department of industry according to the procedures and implemented after being approved by the people's government with the right of approval. Involving the transfer of assets between state-owned enterprises, after complying with the relevant regulations and obtaining the approval documents from the competent department of state-owned assets, the real estate registration formalities can be directly handled.

The identification of non-profit nature should be determined by the competent department of industry in conjunction with the civil affairs department.

Article 8 The property right belongs to the real estate of the government. Non-commodity real estate whose property rights belong to the government or government departments shall not be transferred in principle. However, if the government needs to allocate, transfer or sell real estate in order to revitalize the existing assets, it shall apply to the relevant administrative departments in accordance with the regulations, and the financial department shall issue a reply document agreeing to the transfer after reviewing and reporting it to the people's government with the right of approval.

Article 9 If it is necessary to transfer non-commodity real estate when applying for REITs due to the issuance of REITs in infrastructure, the municipal development and reform department shall put forward opinions jointly with relevant departments, report to the municipal government for approval and issue a reply. After the transfer, land use, property rights restrictions and other conditions remain unchanged.

Article 10 If the non-commodity real estate needs the approval of the people's court, the arbitration commission or the municipal government to assist in the initial registration or transfer registration at the time of compulsory change, if the real estate registration has been completed, the parties concerned shall apply to the real estate registration agency for transfer registration with the effective legal documents of the people's court, the arbitration commission or the approval documents of the municipal government, and the conditions such as land use and property rights restrictions after transfer will remain unchanged. If the registration of real estate has not been completed, the parties shall apply to the real estate registration agency for the first time with the effective legal documents of the people's court or the arbitration commission or the approval documents of the municipal government, and the conditions such as land use and property rights restrictions will remain unchanged.

Article 11 If the transfer of non-commodity real estate needs to pay the land price according to the relevant provisions of our city, a supplementary agreement on the contract for the assignment of the right to use state-owned construction land should be signed after paying the land price, and the real estate registration should be handled.

In accordance with the provisions of Article 8 and Article 9 of these Measures, under the condition that the land use and property right restrictions remain unchanged, both parties to the transfer may apply for real estate registration directly to the real estate registration agency with the approval documents of the government or relevant government departments.

Article 12 Real Estate Registration When the real estate registration department handles the real estate registration, if the transfer contract stipulates that it is non-commodity or restricted for personal use, the real estate registration book and the real estate registration certificate uniformly indicate that the real right restriction condition is non-transferable.

According to the overall transfer of real estate in this way, if the sub-license registration has been handled before applying for paying the premium to enter the market but the transfer registration has not been handled, the overall transfer shall be limited according to the sub-license registration area and the undivided registration area; If the sub-license registration has been handled and the transfer registration has been handled, this part can be transferred according to the basic unit of sub-license registration.

Article 13 Interpretation of Terminology The term "completion" as mentioned in these Measures refers to the planning acceptance certificate of the whole parcel or the completion acceptance record certificate of the construction project.

The term "land use" as mentioned in these Measures refers to the classification of urban land in Shenzhen Urban Planning Standards and Guidelines, and the use of real estate refers to the classification of buildings and facilities in Shenzhen Urban Planning Standards and Guidelines.

Article 14 The policy is linked to the real estate "non-commercial housing (nature or use)" agreed in the original land use right transfer contract, but these measures are not applicable to industrial land that has paid the market land price in full at the time of transfer and there are no other transfer restrictions in the land use right transfer contract.

Before the implementation of these measures, if some properties on the same plot have gone through the formalities of converting non-commercial properties into commercial properties according to the relevant provisions of our city, the remaining properties on this plot can still go through the formalities of converting into commercial properties according to the current land price provisions of our city, which involves paying back the land price.

If the real estate that is applied for supply through allocation or identified as allocated is converted into paid use, it shall be managed in accordance with the relevant provisions of the state real estate management.

If the disposal of non-commodity real estate is involved in the restructuring of state-owned enterprises, it shall be managed in accordance with the relevant provisions of the restructuring of state-owned enterprises.

Relocation and resettlement houses and innovative industrial buildings that are only rented but not sold shall be managed in accordance with the relevant provisions of the relocation and resettlement houses and innovative industrial buildings in our city.

The real estate located in the high-tech industrial park in our city should be managed according to the Regulations on the Administration of High-tech Park in our city.

Article 15 Effective date: These Measures shall come into force on, 2022, with a validity period of 5 years.