-
中华人民共和国城市房地产管理法
Law
of the People’s Republic of China on
Urban Real Estate Administration
(adopted by the 8th meeting
of the Standing Committee of the 8th National
People’s Congress on July 5, 1994
and
amended according to the Decision on Amending the
La
w of the People’s Republic of China
on Urban
Real
Estate
Administration
which
was
adopted
at
the
29th
meeting
of
the
standing
committee
of
the
10th
National People’s
Congress of the People’s Republic of China on
August 30th, 2007)
CONTENTS
CHAPTER
I GENERAL PRINCIPLES
CHAPTER II LAND FOR REAL ESTATE
DEVELOPMENT
PART 1 LEASING
OF RIGHT OF LAND USE
PART 2
ALLOCATION OF RIGHT TO USE LAND
CHAPTER III REAL ESTATE DEVELOPMENT
CHAPTER IV TRANSACTIONS OF
REAL ESTATE
PART 1 GENERAL
PROVISIONS
PART 2 TRANSFER
OF REAL ESTATE
PART 3
MORTGAGE OF REAL ESTATE
PART 4 LEASING OF HOUSES
PART 5 INTERMEDIATE SERVICE AGENCIES
CHAPTER V REGISTRATION OF
REAL ESTATE TITLE
CHAPTER
VI LEGAL LIABILITIES
CHAPTER VII SUPPLEMENTARY PROVISIONS
CHAPTER I
GENERAL PRINCIPLES
Article
1
This
law
is
formulated
for
the
purpose
of
safeguarding
the
real
estate
market
order,
protecting lawful rights and interests
of real estate owners and promoting healthy
development of
the real estate industry
through a strengthening of urban real estate
administration.
Article 2 Those who acquire the right
to use the State-owned land within the designated
urban
area
of
the
People’s
Republic
of
China
(hereinafter
referred
to
as
State
-owned
land
for
real
estate development, engage in real
estate development or transactions of real estate
and exercise
real estate administration
shall abide by the law.
The buildings referred to in this law
shall mean houses and other structures on the
land.
The real
estate development referred to in
this
law shall
mean the activities of construction of
infrastructures
and
buildings
on
the
land
that
the
right
to
use
the
State-owned
land
has
been
assigned in accordance with this law.
1
The transactions of real estate
referred to in this law shall mean transfer of
real estate, mortgage
of real estate
and leasing of buildings.
Article
3
The
State
practices
system
of
using
State-owned
lands
under
due
compensation
and
terms of using the land except the use
of State- owned land allocated by the State
according to
this law.
Article 4 The State shall, in
accordance with the social and economic
development level, supports
construction of residential houses to
gradually improve the living conditions of local
residents.
Article
5
Real
estate
owners
shall
abide
by
the
laws
and
administrative
decrees
and
pay
tax
according to the law. The lawful rights
and interests of real estate owners are protected
by the law
against any infringement by
institutes and individuals.
Article 6 For public
interests, the state can exprop
riate
any entity or individual’s house built on
state-owned
land,
but
the
state
shall
give
relocation
compensations
according
to
law
and
safeguard
the
legitimate
rights
and
interests
of
the
entity
or
individual.
If
an
individual’s
residential
house
is
to
be
expropriated,
the
state
shall
guarantee
the
housing
conditions
of
the
individual. The specific measures shall
be formulated by the State Council.
Article
7
The
administrative
department
in
charge
of
construction
and
the
land
administration
department of
the State Council shall administer the work of
real estate nationwide individually
or
cooperatively under their own powers.
The
organizational
set-up
and
power
of
the
reall
estate
administration
and
land
administration
departments of the local people’s
governments above the county level
shall be determined by the
provincial,
autonomous regional or municipal people’s
governments.
CHAPTER II LAND FOR REAL ESTATE
DEVELOPMENT
PART I LEASING OF RIGHT OF LAND USE
Article
8
Leasing
the
right
of
land
use
means
that
the
State
leases
the
right
of
using
the
State-
owned land to land users within a certain period
and the land users shall pay the State fees
for using the land.
Article 9 For a
collectively-owned land within a designated urban
area, it must be requisitioned
and
turned into State-owned land in
accordance
with
law first
and then for
leasing out
to
land
users with due compensation.
Article 10 The
lease out of land for use must comply with the
overall land use plan, the urban
plan
and the annual construction land use plan.
Article
11
For
leasing
out
the
right
of
their
land
for
real
estate
development,
they
people’s
government above
the country level must first of all draft plans of
total areas of land to be leased
out
in
a
year in
accordance with
th
e
control
quotas assigned by the people’s
government
at
or
2
above the
provincial level, and following the provisions of
the State Council, report to the State
Council or provincial-
level
people’s government for endorsement.
Article 12 The right to use
land shall be leased step by step in a planned
manner by city or county
people’s
governments. A city or county people’s government
and the urban planning, construction
and
real
estate
administration
departments
shall
jointly
draft
a
plan
on
the
tracts
of
land
to
be
leased out with their
uses, term of use and other conditions, and
following the provisions of the
State
Council, report to the empowered people’s
government for approval and then hand down
the
plan
to
the
land
administration
department
of
the
city
o
r
county
people’s
government
for
execution.
The
power
consigned
to
county
people’s
governments
and
the
relevant
departments
of
the
municipality
directly
under
Central
Government
for
execution
as
referred
to
in
the
above
paragraph shall be determined by
t
he municipal people’s government.
Article 13 The
right of use land shall be leased through auction,
bidding or negotiations between
the
related parties.
The right
to use the land for construction of commercial,
tourist, recreational facilities or luxury
housing must be leased out through
auction or bidding, when conditions permit; when
conditions
do not permit and auction or
bidding cannot be adopted, it may be leased
through negotiations
between the
related parties.
Prices for the use of the land leased
out through negotiations between related parties
shall not be
lower than the bottom
price stipulated by the State provisions.
Article 14 The
maximum term of land use shall be stipulated by
the State Council.
Article 15 A written contract for the
lease shall be signed on the lease of the right to
use land.
The
contract
for
the
lease
of
the
right
to
use
land
shall
be
signed
by
the
land
administration
department of a city or county people’s
government and land users.
Article
16
Land
users
shall
pay
the
lease
fees
of
the
right
to
use
land
in
accordance
with
the
contracts signed for the lease; when
one fails to pay the fees for the use of the land
in accordance
with the related contract
of the lease, the land administration department
has the right to rescind
the contract
and ask for compensation for violation of the
contract.
Article 17 When land users pay the
lease fees
for the right of land use in
accordance with the
contract for the
lease, the land administration department of a
city or county peo
ple’s government
must provide the land in accordance
with the contract for the lease; when the land is
not provided
in
accordance
with
the contract
for the
lease, the land user has the right
to
cancel
the contract
with the fee handed over for the use to
be returned by the land administration department
and the
land user may also ask for
compensation for the violation of the contract.
Article 18 Land
users who need to change the use of the land
prescribed by the contract must first
3
of all get the consent
from the land lessor and the urban planning
department of the city or county
people’s government, sign an agreement
for revision of the contract for the lease of the
right to
use land or sign a new
contract for the lease of the right to use land
and readjust the lease fees of
the
right to use land accordingly.
Article 19 Lease fees for the right of
land use must be handed over to the financial
department to
be
entered
into
the
budget
and
used
for
the
construction
of
urban
infrastructures
and
land
development.
The hand-
over procedure and
the use of the lease fees for the
right
of land use
shall be
stipulated by the State Council.
Article 20 The State shall
not take back the right of land use that the land
users have obtained in
accordance with
the law before the expiration of the agreed term
prescribed in the contract; under
special
circumstances,
the
State
may
take
back
the
land
in
advance
out
of
public
interest
consideration
in
accordance
with
legal
procedures
and
corresponding
compensation
shall
be
given to
the related land user in accordance with the real
term that the land had been used and the
real conditions of the land
development.
Article 21 The right of land use shall
terminate with extinction of the land.
Article 22 Upon a
continuous use of the land after expiration of the
agreed term prescribed by the
contract,
the land user has to apply for extension at least
one
year before the expiration of the
term. The application shall be approved
except that the tract of land needs to be taken
back out of
public interest
consideration. When extension is approved, it is
necessary to re-sign a contract for
the
use of the land and pay fees accordingly for the
use in accordance with the provisions.
When the agreed term
prescribed by the contract for use of the land
expires and the land user has
not
applied for extension or the application for
extension has not been approved in accordance
with the provision of the above
paragraph, the right to use the land shall be
returned to the State
gratis.
PART II
ALLOCATION OF RIGHT TO USE LAND
Article 23 The allocation
of the right to use land shall mean the hand over
of a tract of land by the
people’s
governments above the county level for use by a
land user in accordance with the law
for compensation, settlement, etc. or
gratis.
The
right
of
land
use
obtained
through
allocation
in
accordance
with
this
law,
except
those
prescribed otherwise by the laws and
administrative rules, has no time limit.
Article 24 The right of
land use for construction of the following
projects, may be allocated by
the
people’s governments above the country level when
necessary:
(1)
land used by State organs of for military purpose;
(2) land used
for construction of urban infrastructures and
public utility;
4
(3) land used for
construction of the State-supported key energy,
transport and water conservancy
projects; and
(4)land used for other purpose
stipulated by the laws and administrative rules.
CHAPTER III
REAL ESTATE DEVELOPMENT
Article
25
Real
estate
development
should
be
made
in
strict
accordance
with
the
urban
developing
plan
under
an
overall
planning,
rational
layout,
comprehensive
development
and
balanced
construction
of
all
facilities
to
achieve
an
integration
of
economic,
social
land
environmental effect.
Article
26
Those
who
have
obtained
the
right
of
land
use
through
lease
for
real
estate
development
must
develop
the
land
in
accordance
with
the
use
and
term
as
prescribed
by
the
contract for the land use. When the
development has not started one year later than
the date for
starting the development
as prescribed by the contract, an idle land fee
less than 20 percent of the
lease fees
for land use may be collected and when the
development has not started two years later,
the right to use the land may be taken
back without any compensation, except that the
delays are
caused
by
force
majeure,
the
activities
of
government
or
governmental
departments,
or
the
necessary
preparatory work for starting the development.
Article 27 The design and
construction of a real estate development project
must comply with the
State relevant
standards and norms.
After
its completion, a real estate development project
must be inspected and accepted before it
can be put into operation.
Article 28 The right to use
a land obtained in accordance with the law may be
evaluated to be
turned into shares for
a joint equity of cooperative real estate venture
in accordance with this law,
the
relevant laws and administrative decrees.
Article
29
The
State
adopts
preferential
tax
and
other
measures
to
encourage
and
support
real
estate development enterprises to
develop and build residential buildings.
Article 30 A real estate
development enterprise shall mean an enterprise
engaged in development
and
operation
of
real
estate
for
the
purpose
of
profit.
The
establishment
of
a
real
estate
development enterprise shall have the
following conditions:
(1) Its own name and organization;
(2) A fixed
site for business operations;
(3)The registered capital
complying with provisions of the State Council;
(4) Sufficient
professionals and technicians; and
5
(5) Other conditions prescribed by the
law and administrative decrees.
To
establish
a
real
estate
development
enterprise,
a
registration
should
be
made
with
the
Administration for Industry and
Commerce. The Administration for Industry and
Commerce shall
handle registration
procedures of those which comply with conditions
as prescribed by this law
and issue
licenses to them; and refuse to
handle
registration procedures
of those
which do not
comply with
conditions prescribed by this law.
Those
which
establish
a
limited
liability
company
or
limited
stock
company
to
engage
in
real
estate
development
and
operations
shall
also
execute
the
relevant
provisions
of
the
Corporate
Law.
A
real
estate
enterprise
shall
report
for
record
to
a
department
designated
by
the
people’s
government above
county level where the registration department is
located within one months
after
obtaining the license.
Article
31
The
ratio
between
the
registered
capital
and
the
total
investment
of
a
real
estate
enterprise must comply with the
relevant State provisions.
When a real estate enterprise develops
a real estate project in phases, the amount of
investment in
each phase shall suit the
project scale of that phase and, in accordance
with the provisions of the
contract for
the lease of the right to use land, funds shall be
put into construction on schedule.
CHAPTER IV TRANSACTIONS OF REAL ESTATE
PART 1 GENERAL
PROVISIONS
Article 32 When
a real estate is transferred or mortgaged, the
ownership of the building and the
right
to use the land occupied by the building are
transferred or mortgaged at the same time.
Article 33 The
standard land prices, the nominal land prices and
the appraised prices of various
buildings shall be determined and
published regularly. The specific methods shall be
stipulated by
the State Council.
Article 34 The State
institutes a real estate price evaluation system.
The evaluation
of price for a real
estate
follows
the principles of being just,
fair and public in
accordance with the technological
standards and evaluation procedures as stipulated
by the State
basing
on
the
standard
land
price,
nominal
land
price
and
the
appraised
prices
of
various
buildings and referred to the local
market prices.
Article 35 The State institutes a
report schedule for real estate transacted price.
Owners of real
estate right
who transfer
real
estate shall
report the
real
settlement
price to
the
department
designated
by
the
local
people’s
government
above
the
county
level.
None
shall
conceal a transfer or make untrue
report.
6