Urban Real Estate Administration Law of the People's Republic of China
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Law is enacted for the purpose of safeguarding the real estate market order, protecting lawful rights and interests of real estate owners and promoting healthy development of the real estate industry through a strengthening of urban real estate administration. The Law consist of 7 Chapters: General Provisions (I); Land for Real Estate Development (II); Real Estate Development (III); Transactions of Real Estate (IV); Registration of Real Estate Title (V); Legal Liabilities (VI); Supplementary Provisions (VII).
Chapter II make provisions for leasing of rights of land use and allocation of rights to use land. Leasing the right of land use means that the State leases the right of using the State-owned land to land users within a certain period and the land users shall pay the State fees for using the land. Only after a piece of collectively owned land within an urban planning area is changed into state-owned land by expropriation according to the law may the right to use such state-owned land be assigned for value, except as otherwise provided for by laws. The lease out of land for use must comply with the overall land use plan, the urban plan and the annual construction land use plan. The land use rights for construction land may be approved and allocated by the people's government at or above the county level in the circumstances as prescribed in Article 24, such as land for urban infrastructure and public welfare, land for energy, transportation and water conservancy projects supported by the state, etc.
The State practices system of using State-owned lands under due compensation and terms of using the land except the use of State- owned land allocated by the State according to this law. For public interests, the state can expropriate any entity or individual's house built on state-owned land, but the state shall give relocation compensations according to law and safeguard the legitimate rights and interests of the entity or individual.
Chapter II make provisions for leasing of rights of land use and allocation of rights to use land. Leasing the right of land use means that the State leases the right of using the State-owned land to land users within a certain period and the land users shall pay the State fees for using the land. Only after a piece of collectively owned land within an urban planning area is changed into state-owned land by expropriation according to the law may the right to use such state-owned land be assigned for value, except as otherwise provided for by laws. The lease out of land for use must comply with the overall land use plan, the urban plan and the annual construction land use plan. The land use rights for construction land may be approved and allocated by the people's government at or above the county level in the circumstances as prescribed in Article 24, such as land for urban infrastructure and public welfare, land for energy, transportation and water conservancy projects supported by the state, etc.
The State practices system of using State-owned lands under due compensation and terms of using the land except the use of State- owned land allocated by the State according to this law. For public interests, the state can expropriate any entity or individual's house built on state-owned land, but the state shall give relocation compensations according to law and safeguard the legitimate rights and interests of the entity or individual.
Attached files
Web site
Repealed
No
Source language
English
Legislation Amendment
No
Original title
中华人民共和国城市房地产管理法.