What is commercial land and what is the nature of commercial land

Commercial land refers to the places occupied for commercial, tourism and entertainment activities, such as land used for the construction of shops, grain stores, restaurants, parks, playgrounds, theaters and clubs.

The maximum term of land use right for commercial land is 40 years, and the maximum term of land use right for residential land is 70 years. You can't change the land use of your house.

According to the provisions of the current land transfer measures, the transfer shall be carried out publicly through bidding, auction or listing, and the original user and buyer of industrial land shall not buy and sell on their own. Conversion to commercial use must be in accordance with the city's master plan and subject to approval by the planning department.

Financial land and commercial land belong to the same category of commercial and financial industry land (medium category) and public facility land (major category). Commercial land refers to the land used for comprehensive department stores, shopping malls, small workshops, workshops and warehouses that operate various food, clothing, textiles, medicine, daily groceries, hardware and electrical equipment, culture and sports, arts and crafts and other professional retail and wholesale stores. The land used for the financial and insurance industry refers to the land used by banks and branch offices, credit cooperatives, trust and investment companies, bond exchanges and insurance companies, as well as foreign financial and insurance institutions in the city.

The scope of commercial and financial land includes both financial land and commercial land. Hope it helps].

Commercial land refers to the land used by the planning department according to the urban planning regulations, the land is used for the construction of commercial housing, and the service life of the land after the transfer is 40 years. Residential land is used for residential construction, and the service life of the transfer is 70 years. ]

It is designated that the land can only be used for the construction of commercial buildings (including office buildings), and after the construction is completed, banks and other financial institutions must settle in for office business. ]

Legal analysis: Market land, also known as commercial land, refers to the nature of the land used by the planning department according to the urban planning for the construction of commercial houses, and the service life of the land after the transfer is 40 or 50 years. Construction land refers to the land for the construction of buildings and structures, urban and rural residential and public facilities, industrial and mining land, energy, transportation, water conservancy, communications and other infrastructure land, tourism land, military land, etc.

Legal basis: Article 347 of the Civil Code of the People's Republic of China The establishment of the right to use construction land may be carried out by means of transfer or allocation. Industrial, commercial, tourism, entertainment and commercial residential and other business land, as well as the same land with two or more intending land uses, shall be transferred by means of bidding, auction and other public bidding.

Strictly restrict the establishment of the right to use construction land by way of allocation.

Legal analysis: market land generally belongs to allocated land, commercial land belongs to transfer land, and the differences between market land and commercial land are as follows:

First, the nature is different.

Nature of market land: It is obtained free of charge after paying compensation, resettlement and other expenses, and generally does not set the term of land use rights, but there are certain restrictions, such as no transfer, lease and mortgage.

Nature of commercial land: The state transfers the land use right to the land user within a certain period of time as a land user, and the land user needs to pay the land use right transfer fee to the state.

2. Different ways of obtaining it.

Methods of obtaining market land: It is necessary to obtain approval from the people at or above the county level, and hand over the land to the land users after paying compensation, resettlement and other fees, or deliver the land use rights to the land users for use free of charge.

Methods of acquisition of commercial land: In principle, land for the construction of commercial housing should be acquired by means of bidding, auction and listing, and the right to use construction land by way of allocation is strictly restricted. When the real estate transfer of the construction land use right obtained by way of allocation, it must be approved by the land and resources management department, go through the formalities for the transfer of the land use right, and pay the land use right transfer fee in accordance with the relevant provisions of the state.

Legal basis: "Land Management Law of the People's Republic of China" Article 63 The land owner may transfer the land owner to a unit or individual for use by means of transfer, lease or other means of collective business construction land that is determined to be used for industrial, commercial and other operational purposes in the overall land use plan and urban and rural planning, and shall sign a written contract indicating the land boundary, area, construction period, use period, land use, planning conditions and other rights and obligations of both parties.

The transfer or lease of collective business construction land provided for in the preceding paragraph shall be subject to the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives who are members of the collective economic organization.

The right to use land for collective management construction acquired through transfer or other means may be transferred, exchanged, contributed, donated or mortgaged, except as otherwise provided by laws and administrative regulations or otherwise agreed in a written contract signed by the land owner or land use right holder.

The leasing of collective construction land, the transfer of the right to use collective construction land and its maximum term, transfer, exchange, capital contribution, gift, mortgage, etc., shall be carried out with reference to the state-owned construction land for the same purpose. The specific measures are formulated by ***.

Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights Article 12 The maximum term of land use right transfer shall be determined according to the following purposes:

1) Residential land for 70 years;

2) 50 years of industrial land;

3) 50 years of land for education, science and technology, culture, health, and sports;

4) Commercial, tourism and entertainment land for 40 years;

5) Fifty years for comprehensive or other land use.

Commercial land refers to the nature of the land used for the construction of commercial buildings according to the provisions of the relevant national planning departments according to the urban planning. After the transfer, the land use period is 40 years, mainly to carry out some commercial, tourism, entertainment, activity places occupy the land, such as the construction of shops, restaurants, parks, playgrounds, theaters and clubs and other building land, the maximum land use period of commercial land is 40 years, and the land use right of residential land is up to 70 years, if you want to change commercial land to residential land, you need to pay the land transfer fee.

According to the provisions of the current land transfer law, the transfer should be through bidding, auction, listing and other ways for public sale, if you want to change the commercial use, it must be in line with the city's overall plan, and approved by the relevant departments to change, can not be changed without authorization, this is an illegal act.

Commercial land refers to the nature of the land used for the construction of commercial buildings according to the provisions of the relevant Ministry of Planning of the State in accordance with the provisions of urban planning. After the transfer, the land use period is 40 years, mainly to carry out some commercial, tourism, entertainment, activity places occupy the land, such as the construction of shops, restaurants, parks, playgrounds, theaters and clubs and other building land, the maximum land use period of commercial land is 40 years, and the land use right of residential land is up to 70 years, if you want to change commercial land to residential land, you need to pay the land transfer fee.

According to the provisions of the current land transfer law, the transfer should be changed through bidding, auction, listing and other ways for public sale, if you want to change the commercial use, it must conform to the overall plan of the city, and the relevant departments can only be approved to change, can not be changed without authorization, this is an illegal act.

Article 12 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights: The maximum term for the transfer of land use rights shall be determined by the following purposes: (1) 70 years for residential land; 2) 50 years of industrial land; 3) 50 years of land for education, science and technology, culture, health, and sports; 4) Commercial, tourism and entertainment land for 40 years; (5) Comprehensive debate or other land use for 50 years.