中华人民共和国城市房地产管理法(英文版)

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 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. 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; (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