What does the land transfer and land allocation mean when buying a house?

The allocated land is the land used by the state to build houses for factories and units at that time, and the land transferred is the land given by the state to developers, and a very high fee is levied.

There are two main ways to obtain construction land in China, transfer (including bidding, auction, listing and agreement) and allocation, so the main differences between the allocated land use right and the transfer of land use right are as follows:

First, the scope of application is different.

Article 54 of the Land Management Law stipulates that the use of state-owned land by a construction unit shall be acquired by way of paid use such as transfer; However, the following construction land can be obtained by way of allocation with the approval of the people at or above the county level in accordance with the law:

1) Land used by state organs and military land;

2) land for urban infrastructure and public welfare;

3) Land for infrastructure such as energy, transportation, and water conservancy supported by the state;

4) Other land use as provided for 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 to obtain the land from **. The transfer is that the land user pays the full amount of the land transfer fee at the market price to purchase the land from the hand.

Third, the period of use is different. There is no limit on the tenure of the allocated land use right, and there is a limit on the maximum tenure of the transferred land use right.

Fourth, the conditions for transfer are different. The transfer, lease and mortgage of the allocated land use rights are restricted in accordance with the law, and must be approved by the municipal and county people's land management departments and real estate management departments, and can only be transferred, leased and mortgaged if certain conditions are met. The transfer of land use rights is completely exempt from the above restrictions.

Legal analysis: the allocation is approved by the county level or above; The transfer is obtained through paid methods such as bidding and auction. According to the Land Management Law of the People's Republic of China, the use of state-owned land by the construction unit shall be obtained by way of paid use such as transfer; However, the land used by state organs and the land used for military purposes, urban infrastructure land and land for public welfare, and land for energy, transportation, water conservancy and other infrastructure supported by the state can be obtained by way of allocation with the approval of the people at or above the county level in accordance with the law.

Legal basis: "Land Management Law of the People's Republic of China" Article 54 The use of State-owned land by construction units shall be acquired by way of paid use such as transfer; However, the following construction land, with the approval of the people at or above the county level in accordance with the law, may be acquired by way of allocation: (1) land for state organs and military land; 2) land for urban infrastructure and public welfare; (3) Land for energy, transportation, water conservancy and other basic distribution facilities supported by the state; 4) Other land use as provided for by laws and administrative regulations.

The specific differences are as follows:1.The nature is different: the allocated land is acquired without compensation after payment of compensation. The transfer of land means that the state transfers the land use right to the land user for a certain period of time.

2.The way of obtaining is different: land allocation requires the approval of the people at or above the county level in accordance with the law. Land transfer means that construction land should be acquired in the form of bidding, auction and listing in principle.

1. The difference between the allocated land and the transferred land.

1. The differences between allocated land and land out and auction are as follows:

1) different in nature;

2) The way of acquisition is different, and the land allocation needs to be approved by the people at or above the county level in accordance with the law; Land transfer: In principle, land for the construction of commercial housing should be acquired by means of bidding, auction and listing;

3) different rights and obligations;

4) If the term is different, and the land use right is obtained by way of allocation in accordance with the provisions of national laws, there is no limit on the term of use unless otherwise provided by laws and regulations. The term of land transfer is generally divided into 40 years, 50 years, and 70 years;

5) The types of houses are different, and the allocated land is generally land for public welfare undertakings or relocation houses, affordable houses, etc.

2. Legal basis: Article 54 of the Land Management Law of the People's Republic of China.

The use of state-owned land by the construction unit shall be obtained by way of paid use such as transfer; However, the following construction land can be obtained by way of allocation with the approval of the people at or above the county level in accordance with the law:

1) Land for burying state organs and military land;

2) land for urban infrastructure and public welfare;

3) Land for infrastructure such as energy, transportation, and water conservancy supported by the state;

4) Other land use as provided for by laws and administrative regulations.

2. What are the materials required for the collection of land use tax?

The information required for the collection of land use tax is as follows:

1. Enterprise business license;

2. Certificate of legal entity;

3. ID card of the legal representative.

4. Planning permit and planning red line map;

5. The admission agreement of the enterprise;

6. Parcel boundary map;

7. Parcel boundary map;

8. Information and transaction confirmation of bidding, auction and listing;

9. Contract for the transfer of state-owned land use rights;

10. Proof of payment of land use right transfer fee;

11. Deed tax payment certificate;

12. Land approval form;

13. Proof of land acquisition.

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Many people still don't know much about the land use right of the house, there are two ways of land use right, one is to transfer the land, and the other is to allocate the land, so what is the difference between the two ways? Let's take a look!

The difference between land transfer and land allocation.

The transfer of land is the right to use the state-owned land for a period of time, which can be freely transferred, mortgaged and leased, and can be handled at any time when the transfer is made, without consent. The allocated land is for public institutions, and these concurrent units will no longer pay the transfer fee except for the payment of relevant taxes and fees for obtaining national land; If the allocated land wants to change the use or business nature, it is necessary to pay the transfer fee, and after the consent of the first person, the "allocation" on the land is changed to "transfer".

There is no money for the allocation of land, but only a way to transfer the income of the land, which is mainly used for the project; The developer needs to give money to ensure that the right to use the land is 70 or 50 years.

Characteristics of obtaining the right to use the land for transfer.

If the transferred land wants to obtain the right to use it for a certain number of years, it is necessary to pay the corresponding land use transfer fee to the state, and then the state will rely on the land ownership to obtain the economic benefits of the land, which is expressed in the form of the amount paid by the land user to the state; The land use right shall be limited to the term of the land transferred, which shall be stipulated in the transfer contract, but shall not exceed the statutory maximum term.

There are two forms of land use rights.

The allocation of state-owned land to make Zhaoye use rights is approved by the people at or above the county level in accordance with the law, and the land user shall pay compensation, resettlement and other fees; Land users who want to obtain the right to use land free of charge should be approved by the people in accordance with the law, and do not need to pay any fees or pay any economic consideration.

Summary: The above is about the difference between the transfer of land and the allocation of land, through the above content, we also have an understanding of the transfer of land and the allocation of land, I hope it will be helpful to you, if you want to know more about the relevant content, you can pay attention to Qeeka Home.

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Land is limited, and the state is also very important at present, and individuals or units must obtain approval before building houses. There are generally two types of land use rights, one is the allocation of land and the other is the transfer of land, and their nature is quite different. So what is the difference between allocated land and transferred land?

1. What are the differences between the allocated land and the transferred land?

1. The transfer land should not pay the transfer fee when buying and selling the house, and the transfer land needs to pay a certain transfer fee when it wants to change its use or change the nature of its operation, so that the "transfer" can be changed to "transfer".

2. At present, some real estate companies generally use the payment of land transfer fees to obtain land, so the land has a service life, 70 years and 50 years, and it can be freely transferred, bought and sold, leased, etc. The allocation of land is a way to transfer land, it has no service life, can not be transferred, leased, bought and sold, etc., mainly used for ** projects.

3. The types of houses on the transferred land and the allocated land are different, under normal circumstances, the houses built on the allocated land are economic houses, relocation houses, etc., while the houses built on the transferred land are generally commercial houses.

2. What are the main characteristics of the allocation of land use rights.

1. Public welfare purposes.

The allocated land is generally used for public welfare undertakings, as well as national key engineering projects, such as water conservancy, transportation and other projects supported by the state, which have been positioned in public welfare undertakings and national key project construction.

2. Gratuitous.

The right to use the allocated land is approved by **, and the land use right of the land can only be obtained after paying a certain compensation and resettlement fee.

3. Indefinite.

According to Article 22 of the Law on the Administration of Urban Real Estate, the allocation of land has a time limit and can be used for compensation after expiration.

Summary: The above is the relevant elaboration on the difference between the allocated land and the transferred land, I hope to help the majority of friends. Only ** has the right to allocate land, so this land should be used carefully.

When we buy a house, in addition to paying attention to the location of the house, we must also have some understanding of the land attributes. The form of land acquisition can be divided into allocation and transfer, so what are the differences between the two?

1. Different ways of acquiring land.

The allocated land is directly allocated and is free of charge, while the land is transferred through auction, bidding, listing, etc., and it is necessary to pay the pure gold of the land transfer.

2. Different uses.

There is a difference between the use of the allocated land and the transferred land, and the nature of the housing developed and constructed is different, and the allocated land is allocated for the construction of public welfare and infrastructure, and the general affordable housing, public rental housing, low-rent housing, etc., belong to the allocated land, and residential, commercial buildings, schools, etc. are developed and constructed after the transfer.

3. The period of use is different.

There is no time limit on the use of the allocated land, and if there is no other planning demand for the government, it can be used permanently, while the use of the land is limited, only 40 years, 50 years and 70 years, once the use time is exceeded, it will be recovered, or you can choose to renew the use of the fee.

4. The conditions for transfer are different.

The allocated land cannot be transferred at will, and it can only be carried out with the permission of **, and the corresponding fees must be paid. The land can be transferred at will, and its land use rights and building ownership can be transferred through sale, gift, inheritance, etc.

5. The compensation standard is different.

Because the allocated land itself is free to use, the initial investment is less, if there is a planning need in the later stage, the compensation for the demolition is very small, and if the land is transferred has a demolition plan, the standard of compensation will be much higher, including resettlement housing, demolition compensation, etc.

Article summary: The above is the relevant content of the difference between the allocation and the transfer of land for everyone, I hope to help some friends in need, if you want to know other relevant information, you can **** Qijia information.

The difference between allocated land and transferred land is:

1. The allocated land has no service life, and cannot be mortgaged, transferred, or leased, and it is necessary to report to the Land and Resources Bureau for approval at the time of transfer, and then pay the land transfer fee to obtain the transferred land;

2. The land transferred has a service life, and can be freely transferred, mortgaged, and leased, and can be handled at any time when the transfer is accompanied, without the consent of the Land and Resources Bureau. Allocation and transfer are two ways to obtain the right to use state-owned land.

Land Management Law of the People's Republic of China

Article 2. The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working masses. Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state.

No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. The right to use the land may be transferred in accordance with the law. The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.

The State implements a system of paid use of state-owned land in accordance with the law. However, the State Lushu family is exempt from the allocation of state-owned land use rights within the scope prescribed by law.