Real estate development refers to the construction of infrastructure and houses on the land that has obtained the right to use state-owned land according to this law, including the acquisition of land and the implementation of construction; Real estate transactions, including real estate transfer, real estate mortgage and housing lease
Real estate development
1. Transfer or acquisition of land
The way to acquire land is to assign and allocate.
There are three ways to sell land: bidding, auction and mutual agreement. Commercial, tourism, entertainment and luxury residential land, if conditions permit, must be auctioned or tendered; If there are no conditions and the auction or bidding method cannot be adopted, the method of agreement between both parties can be adopted. The transfer fee for transferring the right to the use of land by mutual agreement shall not be lower than the lowest price determined by the state.
A written assignment contract shall be signed for the assignment of the right to the use of the land. The contract for the transfer of the right to the use of the land shall be signed by the land administration department of the people's Government of the city or county and the land user. If the land user needs to continue to use the land at the end of the service life stipulated in the contract for assigning the right to the use of the land, he shall apply for renewal no later than one year before the end of the service life. If the land needs to be recovered according to the social and public interests, approval shall be given. If the renewal is approved, a new contract for the assignment of the right to the use of the land shall be signed and the fee for the assignment of the right to the use of the land shall be paid in accordance with the provisions. If the term of use stipulated in the contract for assigning the right to the use of the land has expired and the land user has not applied for renewal or has applied for renewal but has not been approved in accordance with the above provisions, the right to the use of the land shall be recovered free of charge by the state.
If the land-use right is obtained by means of transfer for real estate development, the land must be developed in accordance with the land use and the time limit for commencement of development as agreed in the land-use right transfer contract. If the development has not started for more than one year after the date of commencement as agreed in the transfer contract, a land idle fee equivalent to less than 20% of the land use right transfer fee may be levied; If the development has not started for two years, the land use right can be recovered free of charge; However, the delay in the commencement of construction and development caused by force majeure or the acts of the government or relevant government departments or the necessary preliminary work for the commencement of construction and development shall be excluded.
The allocation of land use right refers to the act that the people's government at or above the county level, with the approval of the law, delivers the land to the land user for use after paying compensation, resettlement and other fees, or delivers the land use right to the land user for free. Unless otherwise provided by laws and administrative regulations, there is no restriction on the term of use of land obtained by way of allocation according to law. If the following land use rights for construction are really necessary, they may be allocated with the approval of the people's government at or above the county level according to law: land for state organs and land for military use; Urban infrastructure land and public welfare land; Land for energy, transportation, water conservancy and other projects supported by the state; Other land uses stipulated by laws and administrative regulations.
2. Implementation and construction
The right to the use of the land may be valued as a share in accordance with the law, and the real estate may be developed and operated by joint venture or cooperation.
When carrying out construction, we must strictly carry out urban planning and implement comprehensive planning, reasonable layout, comprehensive development and supporting construction in accordance with the principle of unifying economic, social and environmental benefits.
The design and construction of a construction project must conform to the relevant standards and norms of the state, and to the requirements of the general plan for land use, the annual plan for construction land, the urban plan and the annual plan for real estate development; If it is necessary to be approved by the competent planning department in accordance with the relevant provisions of the state, it shall also be submitted to the competent planning department for approval and incorporated into the annual fixed assets investment plan; It shall comply with the provisions of relevant laws and regulations, the quality and safety standards of construction projects, the technical specifications for survey, design and construction of construction projects, and the provisions of the contract. 
The implementation of construction should adhere to the principle of combining the reconstruction of old areas with the construction of new areas, pay attention to the development of areas with weak infrastructure, heavy traffic, serious environmental pollution and concentrated dangerous old houses, protect and improve the urban ecological environment and protect historical and cultural heritage.
After the construction project is completed, it can be delivered for use only after it has passed the acceptance in accordance with the Regulations on the Quality Management of Construction Projects. The main issues in the construction process of real estate development projects should be recorded in the Handbook of real estate development projects, and regularly sent to the competent department of real estate development for the record.
Real estate transactions
1. Transfer of real estate
No separation of house and land: when transferring and mortgaging, the ownership of the house and the land use right occupied by the house shall be transferred and mortgaged at the same time.
Real estate transfer refers to the behavior that the real estate obligee transfers his real estate to others through sale, donation or other legal means.
The pre-sale of commercial housing shall meet the following conditions: all the land use right transfer fees have been paid and the land use right certificate has been obtained; Holding construction project planning license; According to the pre-sale commercial housing, the investment in development and construction has reached more than 25% of the total investment in project construction, and the construction schedule and completion delivery date have been determined; Register with the real estate administration department of the people's government at or above the county level for pre-sale and obtain the license for pre-sale of commercial housing. When a commercial house is to be sold in advance, the presale license shall be presented to the presale. The pre seller of commercial housing shall, in accordance with the relevant provisions of the state, submit the pre-sale contract to the real estate administration department and the land administration department of the people's government at or above the county level for registration. The proceeds from the pre-sale of commercial housing must be used for the construction of relevant projects.
The following real estate shall not be transferred:
(1) If the land-use right is obtained by means of transfer, it has not paid all the land-use right transfer fees and obtained the land-use right certificate in accordance with the transfer contract; If the investment and development is not carried out in accordance with the assignment contract, which is a housing construction project, more than 25% of the total development investment has been completed, and if it is a piece of development land, the conditions for industrial land or other construction land shall be formed; After a house has been completed, it shall also hold a certificate of ownership of the house.
(2) Judicial organs and administrative organs rule or decide to seal up or restrict real estate rights in other forms according to law;
(3) Taking back the land use right according to law;
(4) Jointly owned real estate without the written consent of other co owners;
(5) The ownership is disputed;
(6) Failing to register and obtain the ownership certificate according to law;
(7) Other circumstances in which transfer is prohibited by laws and administrative regulations.
After the transfer of real estate, if the transferee changes the land use stipulated in the original contract for the transfer of land use right, it must obtain the consent of the original transferor and the urban planning administrative department of the municipal or county people's government, sign an agreement on the change of the contract for the transfer of land use right or sign a new contract for the transfer of land use right, and adjust the transfer fee of land use right accordingly.
2. Real estate mortgage
Real estate mortgage refers to the behavior that the mortgagor provides the mortgagee with the guarantee of debt performance in the way of non transfer possession with his legal real estate. When the debtor fails to perform the debt, the mortgagee has the right to be paid in priority according to law with the proceeds from the auction of the mortgaged real estate.
The mortgage of the right to the use of land, buildings and their attachments to the ground, and buildings under construction shall be registered. The mortgage is established at the time of registration.
No separation of real estate and land: the ownership of the house and the land use right within the occupied area of the house shall be mortgaged together. If the mortgage is not handled at the same time, it shall be deemed to be mortgaged at the same time. The right to the use of land obtained by way of transfer may be mortgaged.
In the case of real estate mortgage, the mortgagor and the mortgagee shall sign a written mortgage contract and handle the mortgage with the certificate of land use right and the certificate of house ownership. After the contract is signed, the newly added houses on the land do not belong to the mortgaged property. When the mortgaged real estate needs to be auctioned, the newly added houses on the land can be auctioned together with the mortgaged property according to law, but the mortgagee has no priority to be paid for the income from the auction of the newly added houses.
The right to the use of the land is obtained by means of allocation. After the real estate is auctioned according to law, the mortgagee shall pay the amount equivalent to the transfer fee of the right to the use of the land from the auction price, and then the mortgagee can have priority in compensation.
3. House leasing
House leasing refers to the behavior that the house owner, as the lessor, rents the house to the lessee, and the lessee pays the rent to the lessor.
When leasing a house, the lessor and the lessee shall sign a written lease contract to stipulate the lease term, lease purpose, lease price, repair responsibility and other terms, as well as other rights and obligations of both parties, and register with the real estate management department for the record.
The term of the lease contract shall not exceed 20 years, and the part exceeding 20 years shall be invalid. If the lease term is more than six months, a written lease contract shall be signed. If no written lease contract is signed, it shall be regarded as an irregular lease. The lessor has the right to terminate the contract at any time, but the lessee shall be informed of the termination of the contract before a reasonable period.
The leasing of residential houses shall be in accordance with the leasing policies stipulated by the state and the people's Government of the city where the house is located. If a house is rented for production or business activities, the two parties to the lease shall negotiate on the rent and other lease terms.
For the purpose of making profits, if the owner of the house rents the house built on the state-owned land which has obtained the right of use by way of allocation, he shall turn over the land income contained in the rent to the state.
Circumstances that cannot be rented:
Illegal construction
Failing to meet the compulsory standards for safety, disaster prevention and other engineering construction
Changing the nature of housing use in violation of regulations
Other circumstances prohibited by laws and regulations
If the lessor sells the house, it shall inform the lessee that the lessee has the preemptive right. After the house is sold, the lease contract will continue to be valid. However, if the mortgage has been set before the house is sold, the lease contract will not be binding on the mortgagee after the mortgage is realized; If the lessor fails to inform the lessee of the mortgage situation at the time of lease, the lessor shall bear the compensation liability to the lessee, and if the lessee has informed the lessee, the lessee shall bear the loss on its own.
At present, the law and judicial interpretation have no clear provisions on whether the lessee who rents part of the house has the priority to buy the whole house when the lessor sells the whole house. According to the reply of the Supreme People's court to the higher people's Court of Jiangsu Province on this issue, the current handling of such cases can be comprehensively considered from the following two aspects:
First, from the perspective of the use function of the house, if the part of the house leased by the lessee can be separated from other parts of the house and the use function can be relatively independent, then the preemptive right of the lessee should only extend to the part of the house leased; If the lessee's part of the house is inseparable from other parts of the house and the use function is obvious, then he has the preemptive right to all the houses sold by the lessor.
Second, from the perspective of the proportion of part of the house leased by the lessee to the whole house, if the part of the house leased by the lessee accounts for more than half of the whole house sold by the lessor, the lessee has the preemptive right to all the houses sold by the lessor; On the contrary, it should not be recognized that they have the preemptive right to all houses.