Experts: Non-agricultural land no longer "necessary state-owned" does not mean that small property rights can "turn positive"2018-12-24 00:25:07 223 ℃
China Securities Network (Reporter Zhang Yujie) On December 23, according to Xinhua News Agency, major changes were made in the draft amendments to the Land Administration Law and the Urban Real Estate Management Law that were submitted to the Standing Committee of the National People's Congress.
In which the current land management law is deleted, the provisions for the use of land for non-agricultural construction must use state-owned land or the original collective land acquired as state-owned; the overall plan for land use is determined to be industrial and commercial. The collective construction land that is used for business purposes and registered according to law allows the landowner to be handed over to the unit or individual through transfer or lease.
The current urban real estate management law stipulates that the collective land in the urban planning area must be levied as state-owned before it can be transferred. A new phrase “except as otherwise stipulated by law” is added to link the land management law. Clear up the legal obstacles to the entry of collectively-operated construction land into the market.
According to the relevant laws and regulations of China, collective construction land needs to be transferred through land acquisition, etc., that is, the operation of “nationalization” of land can be carried out. This draft amendment has released a lot of space.
Some people in the real estate industry pointed out that "non-agricultural construction land no longer has to be state-owned" is the implementation of the resolution of the Third Plenary Session of the 18th Central Committee. In the resolution of the Third Plenary Session of the 18th Central Committee, it was exclusively mentioned: the establishment of a unified urban and rural construction land market. Under the premise of complying with the planning and use control, the rural collectively-operated construction land is allowed to be transferred, leased, and invested, and the same price as the state-owned land is entered into the market.
For the public, whether this land system reform means that small property houses can be “turned positive” is the most concerned issue. Zhang Dawei, chief analyst of Zhongyuan Real Estate, said that since the adjustment of this amendment draft only covers land for industrial and commercial use, it will not affect the residential market for the time being. This policy will mainly affect the supply of commercial land in the first and second lines, especially in Shenzhen.
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