2017 new policy on the transfer of second hand allocated land and housing

1. Where the land use right is obtained by way of allocation, the transfer of real estate shall be reported to the department with the right of approval for examination and approval in accordance with the provisions of the state. If the department with the right to approve approves the transfer, the transferee shall 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.

2. If the land use right is obtained by way of allocation, and the department with the right to approve decides in accordance with the provisions of the state that it may not go through the formalities for the transfer of the land use right, the transferor shall, in accordance with the provisions of the state, hand over the land income from the income obtained from the transfer of real estate to the state or make other dispositions.

3. If the users of land allocation are state organs, military units, people's organizations, and units allocated by the state financial department for business funds, etc. In China, the land used by the above-mentioned units is not only agreed to be allocated, but is also generally exempt from urban land use tax and cultivated land occupation tax.

Allocated land: the characteristics of land use with socialist characteristics, also referring to the allocation of land use rights.

According to Article 2 of the Interim Measures for the Administration of Allocated Land Use Rights, the allocation of land use rights refers to the state-owned land use rights obtained by land users in accordance with the law through various means other than the transfer of land use rights.

Article 23 of the Law of the People's Republic of China on the Administration of Urban Real Estate stipulates the ways to obtain the allocated land use right: the allocation of land use right refers to the act of handing over the land to the land user after paying compensation, resettlement and other expenses after the people at or above the county level approve it in accordance with the law, or deliver the land use right to the land user free of charge.

The land certificate transfer of the allocated land needs to pay the land transfer fee, first go to the appraisal company with land appraisal qualifications for land appraisal, and then go to the real estate office of the local land management bureau to sign the state-owned land transfer contract, and after the contract is approved, go to the bank to pay the transfer fee, and then handle the land certificate transfer. The amount depends on the land price of the area of the house.

The nature of the second-hand house purchased is allocation, after paying the land transfer fee, it is transferred to the next family, and the nature of the second-hand house is transferred to the transfer, and then the transaction is carried out later, and there is no need to pay the land transfer fee, and the fees paid are the same as those of commercial housing. The following are the differences between transfer and transfer.

1. The difference between transfer and transfer.

The transfer of land is the way of land supply that appeared after the implementation of the land use system in China, and the land user pays the land transfer fee to obtain the right to use the state-owned land for a certain period of time (pay attention to the service life). The allocation of land is the way of land supply before the original implementation of the system of paid use of land, and the infrastructure and public buildings after the paid use are also allocated land. Allocation and transfer are two ways to obtain the right to use state-owned land.

The allocated land has no service life, but it 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.

The land transferred has a service life, but it can be freely transferred, mortgaged, leased, and can be handled at any time when the transfer is made, without the consent of the Land and Resources Bureau.

Second, specific standards.

Relevant laws and regulations stipulate that the following construction land can be obtained through allocation.

1.Land for 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.

The users who obtain land use rights by way of allocation are usually state organs, the military, people's organizations, and units allocated by the state finance department to fund their undertakings. In China, the land used by the above-mentioned units is not only acquired through allocation, but is also usually exempted from urban land use tax and cultivated land occupation tax.

It is one percent of the current year's cost** * floor area. It depends on the local land**, the area where the house is located, etc.

The land transfer fee in the process of second-hand housing transaction is mainly for housing reform. That is, the house was built on the allocated land, and the land transfer fee needs to be paid at the time of the transaction. At the buyer's expense.

The calculation formula is: the building area of the house * the cost of the current year ***1%. The current year refers to the year in which the land transfer fee is paid, and the cost is different between urban and suburban areas.

In accordance with Article 4 of the Provisional Regulations of the People's Republic of China on Urban Land Use Tax.

The annual amount of land use tax per square meter is as follows: 10 yuan for large cities; Medium-sized cities to 8 yuan; The small city loses the bridge city yuan to 6 yuan.

New provisions on the transfer of land ownership of allocated real estate: If the land use right is obtained by way of allocation, when transferring the real estate, it shall first be reported to the department with the right of approval for examination and approval in accordance with the provisions of the state. When the department with the right to approve the transfer approves the transfer, the transferee shall go through the formalities for the transfer of the land use right and pay the transfer fee for the land use right in accordance with the relevant provisions of the state.

What are the new policies for the transfer of land ownership?

The allocated land use right can only be transferred if certain conditions are met. Namely:

1. Land users must be enterprises, companies, other economic organizations and individuals.

2. Have a state-owned land use certificate.

3. Have the legal property right certificate of above-ground buildings and other attached sedan cars.

4. The surplus sales shop shall pay the land use right transfer fee to the local city and county people, or offset the land use right transfer fee with the proceeds obtained from the transfer (reviewed and determined by the land department).

New policy on peasant land.

1. The issuance of the four major certificates may be stopped.

With the end of the rural land rights confirmation work, the issuance of rural land ownership confirmation registration certificates, homestead use certificates, rural land contract certificates, and rural housing property rights certificates will also end.

2. The land will not be redistributed.

Now many farmers are still discussing whether the land in the countryside will be redistributed again by 2027, you can think that the land rights confirmation work has consumed a lot of manpower and material resources, if the land is redistributed by 2027, these resources will inevitably be wasted, so the possibility of land distribution again in the future is almost zero.

3. Strictly protect rural land.

Article 36 of the "Land Management Law" stipulates that non-agricultural construction must use land sparingly and must not occupy cultivated land; If the farmer diverts the land for other purposes, the land will be repossessed.

Article 342 of the Criminal Law stipulates that "violating land management laws and regulations, resulting in a large amount of destruction of cultivated land; It will be divided by fines and detention, and in serious cases, the land use rights will be recovered.

The land is a piece of land with a useful life that the state has assigned to us before, and when the time limit is reached, the state will also take back the land, but it seems that there is no more reclaim at present. However, it is uncertain whether the land belongs to an individual. Today, I will briefly understand the new policy on the transfer of allocated land, and then look at what the conditions for the transfer of allocated land are.

The new policy of land transfer is mainly based on the provisions of the "Regulations on the Administration of Urban Real Estate Transfer", if you want to allocate the right to use the transfer of land, you need to get the approval of the first place, go to the land management department with the approval document to apply for the land transaction, and wait for the land management department to witness the transaction before applying for the first "allocation decision", and finally you can apply for land registration with the "allocation decision". These are the latest provisions of the new policy on land transfer in 2018, and only when these are done can the land transfer be considered effective.

What are the conditions for the transfer of ownership of the allocated land year.

The conditions for the transfer of land must be reported to the people with the right to approve for approval, only the approval of the people's approval can be transferred, and the transferee also needs to go through the procedures for the transfer of land use rights, and the allocation of land use rights can only be transferred if they meet the following conditions:

1. Land users need to be enterprises, companies, other economic organizations and individuals;

2. The land owned needs to hold a state-owned land use certificate;

3. The land needs to have the legal property right certificate of the above-ground buildings and other attachments;

4. Sign the land use right transfer contract in accordance with the provisions of the relevant land use right transfer, and also need to pay the land use right transfer fee to the local city and county people (reviewed and determined by the land department).

Summary: The above is the introduction of the new policy on the transfer of land ownership, and now everyone knows that land can be transferred, right? However, if there are certain conditions that need to be met for the transfer and there are many precautions in the transfer process, if there is still no clarity, you can go to the Land Bureau for a detailed understanding.

The policy of transferring land ownership is mainly based on the provisions of the "Regulations on the Administration of Urban Real Estate Transfer", if you want to allocate the right to use the transfer of land, you need to get the approval of the first approval, go to the land management department with the approval document to apply for the land transaction, and wait for the land management department to witness the transaction before applying for the first "allocation decision", and finally you can apply for land registration with the "allocation decision".

1. What should I do if the real estate certificate is not down?

The house whose real estate certificate has not come down cannot be transferred. Because to apply for transfer to the real estate transaction management department, the real estate certificate must be provided, otherwise the application will not be approved, and the request for transfer will also be rejected due to the lack of real estate certificate. According to Article 61 of the "Urban Real Estate Management Law", to obtain land use rights by way of transfer or allocation, you shall apply for registration with the local people's land management department at or above the county level, and after verification by the local people's land management department at or above the county level, the people at the same level shall issue a land use right certificate.

If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate. When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

2. What are the methods for establishing the right to use land for construction purposes in the Civil Code?

The Civil Code establishes the right to use land for construction purposes in the following ways: transfer and allocation. The right to use construction land obtained by way of transfer or allocation shall be applied for registration with the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people's land management department at or above the county level.

3. What is the transfer of state-owned land?

The transfer of state-owned land use rights refers to the payment of land use right transfer fees by land users to the state.

The act of the state granting land use rights to land users for a certain number of years.

State-owned land use rights refer to the act of handing over land use rights to land use free of charge with the approval of the people at or above the county level in accordance with the law.

The main differences are: there is no expiration date for the use of state-allocated land use rights; The land use right transferred by the state has a limit on the land use period;

The transfer of state-owned allocated land use rights shall be approved by the municipal and county people's land management departments, and the land transfer fee shall be paid.

Article 23 of the Law on the Administration of Urban Real Estate.

The allocation of land use rights refers to the act of handing over the land to the land users for use after the land users pay compensation, resettlement and other fees with the approval of the people at or above the county level in accordance with the law, or the delivery of land use rights to the land users for use free of charge. Where land use rights are obtained by way of allocation in accordance with the provisions of this Law, there is no restriction on the period of use, except as otherwise provided by laws and administrative regulations.

I can buy a house that allocates land. The house that has been allocated land for sale and purchase transactions shall be submitted to the people with the right to approve for review in accordance with the relevant national regulations, and the transferee shall go through the procedures for the transfer of land and pay the land use transfer fee in accordance with the law.

1. Can you buy a house with allocated land, you can buy a house with allocated land, that is, you have to pay a lot of transfer money when you transfer the property, and then the house will have a deed, and you will no longer need to pay for the house sale in the future, and the specific amount depends on the area and land grade (subject to the ** of the Housing Authority). According to Articles 44 and 45 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights, the land use right transfer fee shall be paid to the local city and county people, or the land use right transfer fee obtained by transfer, lease or mortgage shall be paid, and the prerequisites are: 1. The land user is a company, enterprise, other economic organization and individual; 2. Have a state-owned land use certificate. 3. Have the legal property right certificate of above-ground buildings and other attachments; 4. Sign the contract for the transfer of land use rights.

In practice, most land bureaus agree to handle the transfer, but only if the land transfer fee must be paid in advance. At this time, the seller claimed that it had fulfilled its obligations and was not responsible for the payment of the land transfer fee. 2. What is the house of allocated landThe house of allocated land refers to the right to use state-owned land obtained by the people at or above the county level in accordance with the law, after the land user pays compensation, resettlement and other fees, or the right to use state-owned land cultivated by the people at or above the county level is obtained free of charge after being approved by the people at or above the county level in accordance with the law.

The allocation of land is actually the right to use the land for free, because you can get the right to use it without spending money, so the houses built on such land are generally relatively cheap.