Traditional Culture Encyclopedia - Tourist attractions - Why is the service life of residential land in Chongqing 50 years?

Why is the service life of residential land in Chongqing 50 years?

"Why is the service life of residential land in Chongqing 50 years and that in other cities 70 years?" My answers to questions about relevant government documents are as follows.

First of all, the background that the residential land use right in Chongqing is 50 years.

According to Article 12 of the Provisional Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights (the State Council Order No.55) and Article 13 of the People's Republic of China (PRC) Urban Real Estate Management Law, the maximum assignment period of land use rights is determined by the State Council according to the use: 70 years for residential land, 50 years for industrial land, 50 years for educational, scientific, cultural, health and sports land, and 50 years for commercial tourism land.

1992 after Deng's southern tour speech, in order to strengthen the transformation of the old city and attract investment by land, the planning department determined it as comprehensive land (including some commercial land) according to the characteristics of cluster cities in Chongqing's main urban area, when issuing planning site selection opinions and clarifying land use.

According to article 1 1 of Decree No.55, the comprehensive land use is 50 years. Starting from 1994, when signing the land transfer contract with the transferee, it is agreed that all comprehensive land will be 50 years (including 50 years of residence), so the land transfer fee is calculated as 50 years.

Two, the legality and rationality of the term of residential land use rights is limited to 50 years.

From the point of view of legality, according to Article 12 of the Provisional Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights (the State Council Order No.55) and Article 13 of the People's Republic of China (PRC) Urban Real Estate Management Law, the maximum term of assignment of land use rights is determined by the State Council, that is, 70 years for residential land, 50 years for industrial land and 50 years for educational, scientific, cultural, health and sports land. Therefore, Chongqing stipulates that the service life of residential land is 50 years, which is not inconsistent with the state's stipulation that the maximum service life of residential land is 70 years, and it is in line with the provisions of the state superior law.

From the rationality point of view, first, most real estate development in Chongqing is dominated by mixed commercial and residential types. If the transfer period is determined according to the maximum transfer period of commercial and residential buildings in a project, the termination time of commercial and residential buildings in a building will inevitably be inconsistent, which will bring difficulties to disposal; Second, the service life of a house is generally 50 years. When the land use period expires, the residual value of the house is not much. In addition, the property law has stipulated in principle that the right to use individual residential construction land can be automatically renewed. Therefore, defining the term of residential land use right according to 50 years can also effectively reduce the cost of property buyers and benefit end consumers.