How is the land use period determined?

How is the land use period determined? 1. The maximum land use life is 70 years. According to relevant sources from the municipal land and resources department, the land use life is calculated from the date when the developer obtains the land use certificate for the land parcel, which is the time when the state first transfers the land parcel. According to the "Interim Regulations of the People's Republic of China on the Assignment and Transfer of State-owned Land Use Rights in Urban and Urban Areas" that came into effect on May 19, 1990, the maximum number of years for the transfer of land use rights is determined according to the following uses: Residential land (that is, what people often say commercial housing land): the land use period uniformly implemented nationwide is 70 years; industrial land (that is, what people often call factories and industrial zones): the land use life uniformly implemented nationwide is 50 years; education, science and technology, culture, health, Land for sports and other public welfare purposes: the land use period uniformly implemented nationwide is 50 years; commercial, tourism, and entertainment land: the land use life uniformly implemented nationwide is 40 years; comprehensive or other land use: the land use life uniformly implemented nationwide is 50 years Year. The land use period can be automatically renewed upon expiration. According to the clear provisions of the Property Rights Law that came into effect on October 1, 2007: "When the term of the land use right for residential construction expires, it will be automatically renewed." It is reported that before the "Property Rights Law" was promulgated According to the provisions of Article 21 of the "Real Estate Management Law of the People's Republic of China and the People's Republic of China" on July 5, 1994, when renewing the land use rights, a new land use rights transfer contract shall be signed and payment shall be made in accordance with the regulations. Land use rights transfer fee. In other words, according to previous regulations, certain fees were required to renew land use rights. After the promulgation of the Property Rights Law, although it stipulates that the land use fee can be automatically renewed, there is actually no clear provision on the payment standards and methods for land use fees for renewal. Especially in March 2007, the "Land Management Law (Revised Draft for Comments)" began to solicit opinions within a certain range. Compared with the "Draft", the "Draft for Comments" was replaced by "automatic renewal in accordance with relevant national regulations" "Free automatic renewal". However, when the land use period of the home buyer expires, there is no clear explanation on how to extend the rights, whether the land transfer fee needs to be paid, and how much the transfer fee should be paid. Relevant industry insiders believe that appropriate renewal is the most likely option. (Jiangmen Daily Fu Xuechao) There are many reasons for the shrinkage of land use life. As for why the land use life of individual newly purchased houses shrinks, real estate developers and people from the land and resources department believe that it is mainly due to the long real estate development cycle and the long land transfer period. Some land parcels are transferred and the land has been idle for a long time. In response to Ms. Chen’s complaint about the land use life of a certain urban property being shortened by 16 years, Manager Liang, the person in charge of the real estate developer, once said that when the land was sold in 1993, their company did not buy it first-hand. Home. When the company took over the land in 2007, it had been idle for a long time. Similarly, the land where a certain real estate development in Jianghai District is located that has shrunk for 16 years was idle for more than ten years after it was first sold in 1994 before large-scale development began. Regarding the problem of long idle times, some citizens believe that some real estate developers deliberately do not develop the land in time to make maximum profits after acquiring it, and wait for the land value to appreciate before developing. When the land can be sold, the useful life of the land will be limited. A long time has passed. In this regard, the relevant person in charge of the municipal land and resources department said that in recent years, our city's land and resources department has taken a variety of measures to increase the disposal of idle land, effectively suppressing the phenomenon of idle land. The long real estate development cycle is also a major reason for "shrinkage", and real estate developers feel the same way. They believe that from the time the developer obtains the land use rights, normal real estate planning, development and sales processes generally take two to three years, and some may even drag on for three or four years. In the event of an economic downturn, or if the developer's funds are insufficient or relevant documents are not in place, etc., the development cycle may be delayed even longer. Some real estate projects are developed in multiple phases. When the third and fourth phases are developed, the corresponding land use life will definitely shrink significantly. In addition, after some land parcels are transferred, they are often transferred multiple times among multiple buyers or companies, which also invisibly reduces the useful life of the land. To apply for a change in land use rights, the land user shall fill in an application for change of land registration, explain the basis and content of the change, and provide the following supporting materials: (1) If the state-owned land use rights are transferred due to paid transfer or transfer of land, the transfer, transfer, etc. shall be submitted. Transfer contract and relevant approval documents. (2) If the land obtained by transfer or transfer is only used for mortgage, or the rights disappear due to the termination of the mortgage, a mortgage contract and relevant approval documents should be submitted. (3) If the land use rights are transferred due to the sale or transfer of buildings and attachments on the ground, the changed house ownership certificate, etc. on the ground should be submitted. (4) If the land use rights are transferred due to the inheritance of attachments on the ground, the property rights certificate of the building on the ground and the notarization of the inheritance rights from the notary office should be submitted.

(5) If land ownership is changed due to organizational adjustment, corporate mergers, etc., the approval document from the relevant leading department and the original land certificate should be submitted. (6) Relevant supporting documents should be submitted if the land use rights are transferred due to the disposal of mortgaged property. (7) For pre-sale of commercial housing, the pre-seller shall submit the pre-sale contract to the land management department of the district or county where the land is located for record within 30 days after the pre-sale contract is signed. (8) Allocating land use rights. To handle the transfer procedures of land use rights in accordance with the law, the land use rights transfer contract, transfer fee payment voucher and original land certificate should be submitted. (9) If land users, owners and other land rights holders change their names or addresses, they must submit relevant supporting documents and original land certificates. (10) If the use of state-owned land changes, the approval document from the land management department and the original land certificate should be submitted. Based on what has been said above, people who are using the land must be clear about the useful life of the land. Because the land has different uses, its useful life is also different. Once the useful life expires, it must be in accordance with the provisions of the law. Renew the lease and pay the land transfer fee in accordance with regulations, otherwise it will be illegal use.