What is allocated land?

Question 1: What does land allocation mean? There are currently two main ways to obtain land for real estate development: state-owned allocation and state-owned transfer. Allocated land means that the developer obtained the land for free when it originally obtained it, and did not pay any land transfer fee to the state; transferred land means that the developer obtained the land with compensation, and paid the land transfer fee based on the relevant proportion of the assessed land price. gold. The main difference between the two is that state-owned allocated land use rights have no use period, while state-owned transferred land use rights have a land use life limit. For example, the service life of ordinary residential buildings is 70 years, commercial buildings have a service life of 40 years, comprehensive buildings have a service life of 50 years, etc.

Question 2: What is allocated land? It means that people *** at or above the county level approve in accordance with the law and hand over the land to the land users for use after paying compensation, resettlement and other fees, or transfer the land use rights to them. The act of delivering land to land users free of charge. If land use rights are obtained through allocation in accordance with the provisions of this Law, there will be no limit on the use period unless otherwise provided by laws and administrative regulations. ”

Question 3: What is administratively allocated land? What is land transfer? The so-called allocation refers to the land allocated by the state when the original state-owned enterprises and institutions built welfare housing for cadres and employees. Now it is used as second-hand housing. If sold, the Hu family cannot let this land become welfare land forever and circulate in the market without any financial compensation. Therefore, the buyer must pay a land transfer fee, and then the nature of the land on the land certificate received will be changed to transfer. .

The transfer means that the land was originally obtained through bidding and the prescribed compensation has been obtained. Therefore, when the real estate is transferred, there is no reason for the land to demand compensation again.

Question 4: What is the difference between transfer land and allocated land? Case:

Zhao bought a commercial house of 87 square meters in 1997, but he never applied for a state-owned land use certificate. I sold this property and went through the formalities with the land and resources management department. I found that the land use right type marked on the state-owned land use certificate in my hand was allocation, and there was no age limit, while the land type marked on the state-owned land use certificate for general commercial housing was transfer. , there is a limit on the transfer period.

Questions:

1. What is the difference between the allocation and transfer of commercial housing construction land?

2. Can Zhao transfer the allocated land? Commercial housing on the market?

Analysis:

This case mainly involves two aspects: the difference between allocated land use rights and transfer of land use rights, and the transfer of allocated land use rights. /p>

There are two main ways to obtain construction land in my country, transfer (including four forms of bidding, auction, listing and agreement) and allocation. Therefore, the main differences between the allocated land use rights and the transferred land use rights are as follows. : First, the scope of application is different. Article 54 of the "Land Management Law" stipulates: "Construction units using state-owned land shall obtain it through transfer or other paid use methods; however, the following construction land shall be approved by the people at or above the county level in accordance with the law. Approval can be obtained through allocation: (1) land for state agencies and military land; (2) land for urban infrastructure and public welfare; (3) land for energy, transportation, water conservancy and other infrastructure supported by the state; (4) Other land uses specified by laws and administrative regulations. "Second, the consideration obtained is different. The land user only needs to pay the land compensation fee and resettlement subsidy fee and then obtain the land from ***. For transfer, the land user pays the full land transfer fee at the market price from *** The land is purchased. The third is that the use period is different. There is no limit on the use period of the allocated land use right, and the transfer of the land use right is subject to different restrictions according to law. With the approval of the municipal and county people's land management departments and real estate management departments, transfer, lease and mortgage can only be carried out if certain conditions are met. The transfer of land use rights is not subject to the above restrictions at all.

In 2002, the Ministry of Land and Resources issued the "Regulations on the Transfer of State-owned Land Use Rights by Bidding, Auction, and Listing" (Ministry of Land and Resources Order No. 11, hereinafter referred to as "Order No. 11"), which set out clear requirements for commercial housing and other types of commercial land. The transfer of commercial land by agreement before the implementation of Order No. 11 has also been resolved as a historical issue and was adopted by the Fifth Session of the 10th National People's Congress on October 1, 2007. The implemented Property Rights Law has stricter regulations on the establishment of commercial construction land use rights. “For commercial land such as industry, commerce, tourism, entertainment, commercial housing, etc., and those who have two or more land users on the same land, they shall adopt a bidding process. ", auction and other public bidding methods." At this point, commercial residential land must be obtained in a paid manner through bidding, auction, and listing. The original allocated land must be approved by the People's Government with the power to approve, and the transfer fee must be paid before commercial housing can be sold. Development and construction.

Since the allocated land is obtained free of charge by the land use right holder, the "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights" stipulates that the allocated land use rights shall not be transferred except in the four specified circumstances. , rent, mortgage.

The main situations that can be transferred are as follows: 1. The land users are companies, enterprises, other economic organizations and individuals; 2. Holding state-owned land use certificates; 3. Having property rights certificates for buildings and other attachments on the ground; 4. , sign a land use right transfer contract in accordance with the provisions of the "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights", and pay the land use right transfer fee to the local city or county people *** or use the proceeds from the transfer, lease, or mortgage to offset the land use rights transfer fee. Pay the land use right transfer fee.

In summary, since Zhao’s commercial housing construction land uses allocated land, and commercial housing construction land should in principle be obtained through paid methods such as bidding, auction, and listing, strict restrictions are placed on the establishment of construction projects through allocation. Land use rights. If the right to use construction land is obtained through allocation, when transferring real estate, it must be approved by the land and resources management department, go through the land use right transfer procedures, and pay the land use right transfer fee in accordance with relevant national regulations. When Zhao transfers the commercial housing on the allocated land, he must pay the land use right transfer fee or use the proceeds from the transfer to offset the land use right transfer fee before he can register the change of land use rights. ...>>

Question 5: What does it mean when the land acquisition method on the real estate certificate is "allocation"? There are two ways to acquire land: allocation and transfer. The biggest difference between the two is that in transfer, no consideration is paid, while in transfer, it is bought with money and a consideration is paid. Therefore, if the land for a house is acquired through transfer, then the house A land transfer fee must be paid at the time of transfer.

Question 6: What does the allocation on the land certificate mean? Allocation refers to the state-owned land use rights obtained after the land users pay compensation, resettlement and other fees with the approval of the people *** at or above the county level in accordance with the law. , or state-owned land use rights obtained free of charge with the approval of the people's government at or above the county level in accordance with the law.

The main ways to acquire land include leasing, stock ownership, authorized operation, transfer, and allocation.

When the allocated land is acquired by the state, there is no land compensation fee. When transferring a house on the land, the name on the land certificate can be changed directly. You only need to pay a handling fee of 0.5 yuan/square meter, and there is no need to pay a land transfer fee. In addition, during the secondary transaction of a house with allocated land certificate, if it is used as a personal mortgage, a guarantee is required, but it is not required for the transferred land certificate.

Question 7: What does it mean to requisition and allocate land? Requisitioning land is the need of the state for the benefit of the public. According to legal procedures, the land collectively owned by farmers is converted into state-owned land, and the requisitioned land is given to them in accordance with the law. Units and individuals must compensate for their actions.

Allocating land

Also refers to allocating land use rights. According to Article 2 of the "Interim Measures for the Management of Allocated Land Use Rights": Allocated land use rights refer to state-owned land use rights obtained by land users in accordance with the law through various other means other than the transfer of land use rights. Article 22 of the "City Real Estate Management Law of the People's Republic of China" stipulates the ways to obtain allocated land use rights: "The allocation of land use rights refers to the land use rights approved by the people's government at or above the county level in accordance with the law. The act of handing over the land to the user after paying compensation, resettlement and other fees, or handing over the land use right to the land user free of charge in accordance with the provisions of this law, shall not be subject to legal or administrative violations. Unless otherwise provided by laws and regulations, there is no limit on the use period. ”

Our country’s constitution stipulates that urban land is owned by the state, and units and individuals only have the right to occupy and use it, but not ownership.

Therefore, urban land is state-owned land.

Question 8: What does it mean to allocate land use rights? Answer: Allocating land use rights means obtaining land use rights through administrative allocation. "Allocation" refers to the act of handing over the land to the land user for use after the land user pays compensation, resettlement and other fees, or handing over the land use right to the land user free of charge with the approval of the people's government at or above the county level. According to the provisions of the "Urban Real Estate Management Law of the People's Republic of China" and relevant laws, land used for commercial housing development should be obtained in a paid manner, that is, in a transfer manner. But today, when there are more people and less land, and the contradiction between land supply and demand is becoming increasingly acute, it is objectively required that the allocated land use rights can be transferred. The development of the real estate market itself also requires the transfer of allocated land use rights. Therefore, Article 45 of the "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights" promulgated by the State Council in 1990 stipulates that the transfer, lease and mortgage of allocated land use rights must be approved by the municipal and county people's government land management departments and real estate management departments. , the conditions are: 1. Land users must be companies, enterprises, other economic organizations and individuals; 2. Hold state-owned land use certificates; 3. Have legal property rights certificates for buildings and other attachments on the ground; 4. In accordance with relevant regulations Sign a land use rights transfer contract and pay the land use rights transfer fee to the local city or county people, or use the proceeds from transfer, lease, or mortgage to offset the land use rights transfer fee. That is to say, you can only apply for a real estate certificate if you handle the land transfer in accordance with the provisions of the above-mentioned "Interim Regulations". Otherwise, it is illegal land use and the developer cannot enjoy the right to use the land. Of course, you will not be able to apply for a property ownership certificate.

Question 9: How to distinguish between land allocation and transfer? The allocation of land use rights is the act of handing over land to land users after they pay compensation, resettlement and other fees, or handing over land use rights to land users free of charge, with the approval of the government department. The transfer of land use rights refers to the act of the state transferring state-owned land use rights to land users within a certain period of time, and the land users pay land use rights transfer fees to the state. The main differences between the two are: 1. Different scope of use: allocated land is policy land and can generally only be used for public welfare undertakings and infrastructure construction projects, etc., and not for other commercial purposes. Currently, land for affordable housing construction is also used for land use. Obtained by transfer. 2. The acquisition consideration is different: allocated land is provided to land users free of charge. When acquiring land use rights, users only need to pay a small amount of land compensation and resettlement costs, or even obtain it free of charge; land transfer is provided by land users in the market. Purchased from *** at a reasonable price. 3. Different use periods: There is no limit on the use period of allocated land use rights. Therefore, unless *** needs to take back the land use rights due to planning changes or the land user wants to transfer the land and above-ground buildings, the user can use it indefinitely. The transfer of land use rights is subject to a maximum land use period. For example, the maximum useful life of ordinary residential land is 70 years, commercial land is 40 years, comprehensive land is 50 years, etc. After the use period expires, the state can take back the land use rights free of charge. 4. Transfer conditions are different: the transfer of allocated land must be approved by the agency that originally approved the use of the land. The transfer of affordable housing must also pass a certain period of time, and the land use right transfer fee must be compensated during the transfer. The transfer of transferred land and commercial housing is subject to There is no such restriction.