Can I buy and sell industrial land to build a house?

The right to use industrial land can be bought and sold, but the ownership of industrial land cannot be transferred, as its ownership is owned by the State. If the conditions are met, with the approval of the municipal and county people's land management departments and real estate management departments, the ownership of the allocated land use rights and above-ground buildings and other attachments can be transferred, leased and mortgaged.

Yes, you can. However, the land life of industrial land is only 50 years. In case the next 50 years expire, at that time, the national policy requires that the transfer fee be made up, then it will be a big loss...

Change of land use is prohibited by law.

Case: Not long ago, Mr. Wang took a fancy to an "apartment-style" building in an industrial park on the outskirts of the city, which is low, has a good environment, and is close to the city. It can be understood that the nature of the land is industrial land, and the house ownership certificate is an "office real estate ownership certificate", which cannot be mortgaged and cannot be moved into the household registration.

Analysis: It is best not to buy this kind of house in the industrial park, which looks like an "apartment-style house", but is actually an "apartment-style office house".

First, the nature of the land of this house is industrial land, and the state stipulates that it is strictly forbidden to develop and construct any form of "apartment housing" on industrial land except for industrial plants, industrial office buildings, and industrial supporting buildings**.

Second, although it is possible to build administrative office and living service facilities on industrial land that does not exceed 7 percent of the total land area of the industrial project, and to issue a property right certificate for office buildings, it is completely different from an ordinary residential property right certificate, and once consumers buy such houses, they will face many problems in the future.

Third, the state stipulates that the use period of industrial land is 50 years, and the use period of residential land is 70 years. Such houses do not enjoy the right to automatically renew the use of residential land after 70 years.

Industrial land cannot be used for residential buildings. The State implements a land use control system, and shall make rational use of land in accordance with the overall plan and land use, and the units and individuals using the land must use the land in strict accordance with the purposes determined in the overall land use plan.

How to apply for industrial land.

The method of applying for industrial land is as follows:

1. When the parties to the transaction apply for transfer and transfer, the parties to the transaction shall also provide the transfer agreement, land use certificate, parcel boundary map, building property right certificate, legal person qualification certificate, power of attorney, identity certificate and other materials;

2. After receiving the application, the undertaker shall conduct a detailed review and understanding of the information and the situation of the parcel, and shall not go through the transfer procedures if the land is not invested in the development and utilization of the land according to the time limit and conditions stipulated in the transfer contract, mortgaged, sealed and leased without notifying the heir, and the ownership is unclear and there are disputes among the neighbors;

3. On-site investigation, on-site investigation should be verified with relevant information. If it is necessary to divide and transfer, factors such as land utilization, outlets and other rights should be considered, and the area of the four tos should be determined by drawing, and if necessary, it should be signed and approved by the neighbors;

4. Evaluate the land price, provide the report, fill in the transfer approval form, carefully check the original approval documents and assessment reports, approve and pay the relevant taxes and fees, and the registration number can be used.

[Legal basis].Article 4 of the Land Management Law of the People's Republic of China.

The State implements a land-use control system.

The State prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land.

The term "agricultural land" as used in the preceding paragraph refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, aquaculture water surface, etc.; Construction land refers to the land for the construction of buildings and structures, including urban and rural residential and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land, military facilities, etc.; Unused land refers to land other than agricultural land and construction land.

Units and individuals using land must use land in strict accordance with the purposes determined in the overall land use plan.

Legal analysis: Under normal circumstances, it is not possible, and the construction unit shall use the land in accordance with the land use. However, if it is really necessary to change the land use, it is necessary to report to the competent department of natural resources of the people's ** for approval, and the approval of the people** who originally approved the land use before changing the land use and carrying out residential construction.

Legal basis: Article 56 of the Land Management Law of the People's Republic of China Where a construction unit uses State-owned land, it shall use the land in accordance with the provisions of the paid use contract such as the transfer of land use rights or the provisions of the approval document for the allocation of land use rights; If it is really necessary to change the construction use of the land, it shall be approved by the competent department of natural resources of the relevant people, and reported to the people who originally approved the land for approval. Among them, the change of land use in the urban planning area, before submitting for approval, shall be subject to the consent of the relevant urban planning administrative departments.

Legal Analysis: The right to use industrial land can be bought and sold and transferred, but the ownership of industrial land cannot be transferred because its ownership is owned by the state.

Legal basis: "Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights" Article 45 If the following conditions are met, with the approval of the municipal and county people's land management departments and real estate management departments, the ownership of the allocated land use rights and above-ground buildings and other attachments can be transferred, leased and mortgaged

A) land users are companies, enterprises, other economic organizations and individuals;

B) have a state-owned land use certificate;

3) Have the legal property right certificate of above-ground buildings and other attachments;

4) In accordance with the provisions of Chapter II of these Regulations, sign a land use right transfer contract, and pay the land use right transfer fee to the local city and county people, or pay the land use right transfer fee with the proceeds obtained from the transfer, lease or mortgage.

Legal analysis: 1. If the industrial land requires the construction project to conform to the regional planning of the planning department, the residential buildings that are planned and built in the industrial park are defined as new types of small property rights houses, which are usually called enterprise property rights or enterprise public housing, and the property rights are enterprise ownership. 2. Compared with residential land, the land cost of industrial land is very low, and the company's internal employees buy more, and the rest is sold to people outside the company.

The service life of industrial land is 50 years, which is different from 70 years for residential land. 3. The construction of a large area of housing in the industrial park is a violation of the law, and after the completion of the house, the planning department will also accept the building, and once the construction behavior is found to be in violation of the plan, the land-using unit will face punishment. 4. The purchase of this kind of property is subject to policy risks, and the interests of these homeowners cannot be protected in the future to clean up such problems.

Legal basis: Article 348 of the Civil Code of the People's Republic of China Where the right to use construction land is established through bidding, auction, agreement, or other means of transfer, the parties shall conclude a contract for the transfer of the right to use construction land in writing. The contract for the transfer of the right to use construction land generally includes the following clauses:

1) The name and residence of the parties, (2) the land boundary site, area, etc., (3) the space occupied by buildings, structures and their ancillary facilities, (4) the land use and planning conditions, (5) the term of the right to use the construction land, (6) the transfer fee and other fees and the method of payment, (7) the method of dispute resolution.

It was learned from the Ministry of Land and Resources that the newly revised control indicators are composed of five indicators: investment intensity, floor area ratio, building coefficient, proportion of land for administrative office and living service facilities, and green space rate. According to the regulations, the construction coefficient of industrial projects should not be less than 30%. The land area of administrative office and living service facilities required for industrial projects shall not exceed 7% of the total land area of industrial projects, and green spaces shall not be arranged within industrial enterprises in principle.

If a certain proportion of green space needs to be arranged due to special requirements such as production technology, the green space rate shall not exceed 20%.

After obtaining the right to use industrial land, some enterprises can change the nature of land use and build residential buildings with the permission of relevant departments.

To make the following preparations:

1. Go to the land use department of the local land and resources bureau to apply for changing the nature of the land, and the information, cost, procedure and time to be submitted.

2. You may also have to go to the local planning bureau to change related matters and approve the planning permit. Approve new control indicators to convert land into residential land.

3. After completing the planning permit, land certificate, construction permit, surveying and mapping paper, and paying the relevant land transfer fee, taxes and fees, you can go to the housing authority to issue the real estate certificate.

Can I buy a house that I built?

1. Although no more than 7% of the total land area of the industrial project can be built on the industrial land, the property right certificate of the office building can be issued.

2. If you want to see 5 certificates, the most important thing is to inquire with the housing authority to see if it is recorded.

3. The difference between the last two is that the land price is different (industrial land is low, commercial land is high), and the tenure of the right to use is different; The nature of land use is different (the state stipulates that it is not allowed to use land in violation of the nature of land use, that is, it is not allowed to engage in commercial activities on industrial land); Different locations (business in the city, industry in the suburbs or close to the suburbs.

Industrial land cannot be used for residential purposes, only for commercial purposes, such as factory dormitories.

Industrial land can not be used to build residential buildings, industrial land can only be used to build factories, warehouses, office buildings, etc

No, the main thing is that there will be no house capital.

Generally can't be bought. The state stipulates that it is strictly forbidden to develop and construct any form of housing on industrial land except for industrial plants, industrial buildings, and industrial supporting buildings**;

In addition, the state stipulates that the use period of industrial land is 50 years, and the use period of residential land is 70 years, and the housing on industrial land must be changed to residential land before it can be listed and traded.

Legal basis] Article 39 of the Law of the People's Republic of China on the Administration of Urban Real Estate, where the land use right is obtained by way of transfer, the following conditions shall be met when transferring the real estate:

A) in accordance with the transfer contract has paid all the land use right transfer fees, and obtained the land use right certificate;

2) In accordance with the provisions of the transfer contract for investment and development, if it is a housing construction project, more than 25% of the total development investment shall be completed, and if it belongs to a piece of development land, it shall form industrial land or other construction land conditions.

If the house has been completed at the time of the transfer of real estate, the house ownership certificate shall also be held.