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| Category | URBAN AND RURAL CONSTRUCTION | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1994-07-05 | Effective Date | 1995-01-01 |
|
Law of the People's Republic of China on Administration of the Urban Real Estate |
|---|
Chapter I General Provisions
Chapter II Land Used for Development of Real Estate
Section 1 Granting of the Land-use Right
Section 2 Allocation of the Land-use Right
Chapter III Development of Real Estate
Chapter IV Transaction of Real Estate
Section 1 General Conditions
Section 2 Transfer of Real Estate
Section 3 Mortgage of Real Estate
Section 4 Lease of Houses
Section 5 Intermediary Service Agencies
Chapter V Administration of Real Estate Ownership Registration
Chapter VI Legal Liability
Chapter VII Supplementary Provisions Article 1 This Law is formulated in order to strengthen Article 2 Obtaining the land-use right for development of "Houses" as used in this Law means buildings and structures "Development of real estate" as used in this Law means "Transaction of real estate" as used in this Law includes Article 3 The State shall practise a compensatory and Article 4 The State shall, based on the social and economic Article 5 Obligees of real estate shall abide by the laws, Article 6 The department of construction administration and Institutional structures, and functions and powers of the Section 1 Granting of the Land-use Right Article 7 Granting of the land-use right refers to acts that Article 8 The land-use right for the collective-owned land Article 9 Granting of the land-use right must conform to the Article 10 Where the local people's governments at or above Article 11 Granting of the land-use right shall be carried out Limits of authority as provided in the preceding paragraph Article 12 The land-use right may be granted in mode of auction, bidding or agreement between the two parties. For Land used for commercial, tourism, recreation and luxury Fees for granting the land-use right in the mode of agreement Article 13 The maximum term for the granting of the land-use Article 14 Granting of the land-use right shall be conducted The contract for granting the land-use right shall be Article 15 A land user must pay the fees for the granting of the land-use right as agreed upon in the granting contract. Where Article 16 Where a land user has paid the fees for the Article 17 Where a land user who needs to modify the land-use Article 18 All the fees for granting the land-use right shall Article 19 Before the term for the use of land as agreed upon Article 20 The land-use right shall be terminated with loss Article 21 Where the term for the use of land as agreed upon Where the term for the use of land as agreed upon in the Section 2 Allocation of the Land-use Right Article 22 Allocation of the land-use right refers to acts Where the land-use right is obtained by mode of allocation in Article 23 The land-use right for the following land used for 1. land used for State organs or military purposes; 2. land used for urban infrastructure or public facilities; 3. land used for projects of energy, communications or water 4. land used for other purposes as provided by the laws, Article 24 The development of real estate must be strictly Article 25 Where the land-use right is obtained by mode of granting for development of real estate, the land must be developed Article 26 The design and construction of a project of real A completed project of real estate development may be turned Article 27 The land-use right obtained pursuant to the law Article 28 The State shall adopt preferential measures in Article 29 A real estate development enterprise is an 1. to have a name and institutional structure of its own; 2. to have fixed premises for business operation; 3. to have registered assets conforming to the provisions of the State Council; 4. to have sufficient professional and technical personnel; 5. other conditions as provided by laws, administrative rules To establish a real estate development enterprise, an To establish a limited liability company or a joint stock A real estate development enterprise shall, within one month Article 30 The proportion of registered assets of a real Where a real estate development enterprise develops real Section 1 General Conditions Article 31 In the transfer or mortgage of real estate, the Article 32 The basic land price, standard land price and Article 33 The State shall practise an appraisal system for real The appraisal of real estate prices shall adhere to the Article 34 The State shall practise a report system for An obligee of real estate shall, in transfer of his real Article 35 Where real estate is transferred or mortgaged, the Section 2 Transfer of Real Estate Article 36 Transfer of real estate refers to acts that an Article 37 No following real estate shall be transferred: 1. The land-use right is obtained by mode of granting, but not 2. The rights of real estate are sealed up by order of the 3. The land-use right is reclaimed in accordance with the law; 4. For jointly-owned real estate, written consent of other 5. The ownership is under dispute; 6. The real estate is not registered in accordance with the law 7. Other circumstances under which transfer is prohibited by Article 38 Where the land-use right is obtained by mode of granting, transfer of the real estate shall meet the following 1. to have paid all the fees for the granting of the land-use 2. to have invested for development as agreed upon in the Where real estate is transferred with the construction of houses completed, the certificate of the house
ownership shall be Article 39 Where the land-use right is obtained by mode of allocation, the transfer of the real estate shall, according
to the Where the land-use right is obtained by mode of allocation Article 40 For the transfer of real estate, a written transfer Article 41 When real estate is transferred, the rights and Article 42 Where the land-use right is obtained by mode of granting and after the real estate is transferred, the term for the Article 43 Where the land-use right is obtained by mode of granting and after the real estate is transferred, the transferee Article 44 For the presale of commercial houses, the following 1. to have paid all the fees for the granting of the land-use 2. to have a permit for construction project planning; 3. the funds put into the development construction have 4. to make registration for presale at the administrative Pre-sellers of commercial houses shall, in accordance with the The proceeds obtained from the presale of commercial houses Article 45 In the case of presale of commercial houses, Section 3 Mortgage of Real Estate Article 46 Mortgage of real estate refers to acts that a Article 47 A mortgage may be created on the ownership of a house A mortgage may be created on the land-use right obtained by Article 48 The mortgage of real estate shall be dealt with on Article 49 For the mortgage of real estate, the mortgagor and Article 50 Where the land-use right on which a mortgage is Article 51 After a contract for the mortgage of the real Section 4 Lease of Houses Article 52 Lease of houses refers to acts that an owner of a Article 53 In the lease of a house, the leaser and the leasee Article 54 Lease of residential houses shall be carried out in Article 55 Where an owner of a house, for profit-making Section 5 Intermediary Service Agencies Article 56 Intermediary service agencies for real estate Article 57 Intermediary service agencies for real estate shall 1. to have names and institutional structures of their own; 2. to have fixed premises to provide services; 3. to have necessary property and funds; 4. to have sufficient professional personnel; and 5. other conditions provided by laws, administrative rules and For establishing an intermediary service agency for real Article 58 The State shall practise a qualification Article 59 The State shall practise a system of registration Article 60 Where the land-use right is obtained by mode of granting or allocation, an application for registration shall be Where a house is built on the land for real estate development Where transfer or modification of real estate is made, an Where provided otherwise by laws, the provisions of relevant Article 61 Where real estate is mortgaged, registration of mortgage shall be made with the department designated by the Where the land-use right and the ownership of a house are Article 62 Where a department of the local people's government Article 63 Where anyone, in violation of the provisions of Article 10 or Article 11 of this Law, approves without Article 64 Whoever, in violation of the provisions of Article Article 65 Whoever, in violation of the provisions of paragraph 1 of Article 38 of this Law, transfers the land-use right Article 66 Whoever, in violation of the provisions of paragraph 1 of Article 39 of this Law, transfers real estate shall Article 67 Whoever, in violation of the provisions of paragraph 1 of Article 44 of this Law, pre-sells commercial houses Article 68 Whoever, in violation of the provisions of Article Article 69 Whoever collects fees from a real estate Article 70 Where functionaries of departments of housing Where functionaries of departments of housing administration or Article 71 Obtaining the land-use right for development of real estate, engaging in development of real estate and transaction Article 72 This Law shall enter into force as of January 1,
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Chapter I General Provisions
administration of the urban real estate, maintain the order of
real estate market, protect the legitimate rights and interests of real estate obligees and promote the healthy development of real
estate business.
real estate, engaging in development of real estate and
transaction of real estate, and exercising administration of real
estate in the State-owned land within a planned urban district in
the People's Republic of China (hereinafter referred to as the
State-owned land) shall comply with this Law.
such as houses on the land.
acts of building infrastructure and houses on the State-owned
land, the land-use right for which has been obtained in accordance
with this Law.
transfer of real estate, mortgage of real estate and lease of
houses.
terminable system for the use of State-owned land in accordance
with the law, however, allocation of the land-use right by the
State under this Law shall be excepted.
development, support the development of construction of
residential houses so as to gradually improve the housing
conditions of the residents.
administrative rules and regulations and pay taxes according to
law. The legitimate rights and interests of the obligees of real
estate shall be protected by the law and shall not be infringed by
any units or individuals.
the department of land administration under the State Council
shall, in accordance with the division of functions and powers
prescribed by the State Council, attend to their own duties, act in
close coordination and manage the work concerning real estate of the whole country.
departments of housing administration and land administration
under the people's governments at or above the county level shall
be determined by the people's governments of provinces, autonomous
regions and municipalities directly under the Central Government.
Chapter II Land Used for Development of Real Estate
the State grants land users the right to use the State-owned land
(hereinafter referred to as the land-use right) for a certain
number of years and the users shall pay the State a granting fee
for the land-use right.
within a planned urban district may be granted with payment only
after it is requisitioned in accordance with the law and turned
into State-owned land.
overall planning for land utilization, urban planning and the
annual plan for land to be used for construction.
the county level grant land-use right for development of real
estate, they must, based on the quota set by the people's
governments at or above the provincial level, draw up plans for the
total area for annual granting of the land-use right, which shall,
according to the provisions of the State Council, be reported to
the State Council or the provincial people's government for
approval.
by the people's governments of the cities or counties in a planned
and step-by-step way. With regard to each lot granted, plans for
its purposes, term of use, and other conditions shall be worked
out by the departments of land administration under the people's
governments of the cities and counties in conjunction with the
competent departments of urban planning, construction and housing
administration. Such plans shall, according to the provisions of the State Council, be implemented by the departments of land
administration under the people's governments of the cities or
counties after their submission to and approval by the people's
governments with due authority for approval.
for the people's governments and their departments concerned of the counties of the municipalities directly under the Central
Government shall be prescribed by the people's governments of the
municipalities directly under the Central Government.
housing purposes, where conditions permit, the mode of auction or
bidding shall be adopted; where conditions do not permit and it is
impossible to adopt the mode of auction or bidding, the mode of agreement between the two parties may be adopted.
between the two parties shall not be lower than the lowest price as
determined in accordance with the provisions of the State.
right shall be prescribed by the State Council.
through concluding a written granting contract.
concluded between the departments of land administration under the
people's governments of the cities or counties and the land users.
fees are not paid as agreed upon in the granting contract, the
department of land administration shall have the power to rescind
the contract and may demand compensation for the breach of contract.
granting of the land-use right as agreed upon in the granting
contract, the department of land administration under the
people's government of the city or county must provide the land
granted as agreed upon in the granting contract; where the land
granted is not provided as agreed upon in the granting contract,
the land user shall have the right to cancel the contract, the
fees for granting the land-use right shall be returned by the
department of land administration, and the land user may demand
compensation for the breach of contract.
purpose agreed upon in the contract for granting the land-use
right, he must obtain the consent of the granting party and the
competent administrative department for urban planning under the
people's government of the city or county, conclude an agreement on
the modification of the granting contract or conclude a new
contract for granting the land-use right and the fees for granting
the land-use right shall be accordingly readjusted.
be turned over to the State Treasury and incorporated into the
budget so as to be used for the construction of urban
infrastructure and land development. Specific measures for the
turning over and use of the fees for granting the land-use right
shall be formulated by the State Council.
in the contract for granting the land-use right expires, the
State is not to recover the land-use right obtained by the land
user in accordance with the law. Under special circumstances as
required by public interests, the State may, in accordance with
legal procedures, recover the land-use right before the expiration
of the term and shall make appropriate compensation based on the
number of years of utilization and the actual development of the
land by the land user.
of the land.
in the contract for granting the land-use right expires, and the
land user needs to continue the use of the land, the land user
shall apply for an extension of the term no later than one year
ahead of the expiration. Such an application shall be approved
except for the land to be reclaimed as required by public
interests. Upon approval of the extension, the land user shall
enter into a new contract for the granting of the land-use right
and pay fees for the granting in accordance with the relevant
provisions.
contract for granting the land-use right expires, and the land
user does not apply for an extension of the term or his application
therefor is not approved in accordance with the provisions in the
preceding paragraph, the land-use right shall be reclaimed by the
State without compensation.
that the people's government at or above the county level approves
in accordance with the law to allocate the land to a land user
after the latter has paid compensation and expenses for
resettlement, etc. for the allocated land, or gratuitously
allocates the land-use right to the land user.
accordance with the provisions of this Law, except as otherwise
provided by the laws, administrative rules and regulations, there
shall be no restriction with respect to the term of use.
construction may, if really necessary, be allocated upon approval
by the people's government at or above the county level in
accordance with the law:
conservancy, etc. which are selectively supported by the State; and
administrative rules and regulations.
Chapter III Development of Real Estate
subjected to the urban planning and carried out in a manner of overall planning, rational distribution, comprehensive development
and construction with supporting facilities, in line with the
principle of combining the economic, social and environmental
benefits.
according to the land-use purpose and the time limit for starting
the development as agreed upon in the contract for granting the
land-use right. Where one year has elapsed from the date for
starting the development as agreed upon in the granting contract
and the land is not yet developed, fees for idle land which is
equivalent to twenty percent or less of the fees for granting the
land-use right shall be collected; where two years have elapsed and
the land is still not developed, the land-use right may be
reclaimed without compensation, however, the circumstances wherein
the delay of starting the development is caused by force majeure
or acts of governments or their departments concerned or by the
early preparations necessary for starting the development shall be
excepted.
estate development must conform to the relevant standards and norm
of the State.
over for use only after it is checked and accepted.
may, in accordance with the provisions of this Law and relevant
laws, administrative rules and regulations, be valued and
contributed as shares in developing and operating real estate in
the form of joint ventures or contractual joint ventures.
aspects such as taxation to encourage and support real estate
development enterprises to develop and construct residential
houses.
enterprise engaged in real estate development and operation for
purpose of profit. To establish a real estate development
enterprise, the following conditions shall be met:
and
and regulations.
application for registration of establishment shall be made to the
administrative department for industry and commerce. Where
conditions specified in this Law are met, the administrative
department for industry and commerce shall register the
establishment and issue a business license. And registration shall
not be made, where such conditions are not met.
limited company engaged the real estate development and
operation, relevant provisions of the Company Law shall also be
complied with.
after obtaining a business license, report its establishment
for the record to the department designated by the local people's
government at or above the county level in the place where the
registration authority is located.
estate development enterprise to its total investment shall comply
with the relevant provisions of the State.
estate in phases, the amount of phased investment shall be
commensurate with the scale of the project and the capital shall
be put into construction of the project on schedule as agreed upon
in the contract for granting the land-use right.
Chapter IV Transaction of Real Estate
ownership of the house and the land-use right to the house site
shall be transferred or mortgaged therewith.
replacement prices for houses of various types shall be determined
and made public regularly. Specific measures shall be formulated
by the State Council.
estate prices.
principles of justice, fairness and openness, and be carried out
according to the technical standard and appraisal procedures
prescribed by the State, based on the basic land price, standard
land price and replacement prices for houses of various types and
in the light of local market prices.
real estate transaction prices.
estate, faithfully report the transaction price to the department
designated by the local people's government at or above the county
level and shall not make a concealed or false report.
party concerned shall register the ownership of the real estate
pursuant to the provisions of Chapter V of this Law.
obligee of real estate transfers his real estate to another person
through sale, donation or other legal means.
meeting conditions set forth in Article 38 of this Law;
judicial organ or decision of the administrative organ pursuant to
law or limited by other ways;
co-owners has not been obtained;
and the certificate of the ownership is not obtained; or
the provisions of laws, administrative rules and regulations.
conditions:
right as agreed upon in the granting contract and obtained the
certificate of the land-use right; and
granting contract and have fulfilled twenty-five percent or more of the total investment for development in the case of housing
projects, or have constituted conditions of land-use for industrial
purposes or other construction projects in the case of developing
tracts of land.
acquired.
provisions of the State Council, be reported for examination and
approval to the people's government that has the authority for
approval. Upon approval of the transfer by the people's government
with the authority for approval, the transferee shall go through
the formalities for the granting of the land-use right and pay the
fees therefor according to the relevant provisions of the State.
and the transfer of the real estate is reported for approval, and
where the people's government that has the authority for approval
decides in accordance with the provisions of the State Council that
the formalities for granting the land-use right need not be gone
through, the transferor shall, pursuant to the provisions of the
State Council, turn over to the State the proceeds obtained from
land in the transfer of the real estate or dispose of such proceeds
otherwise.
contract shall be concluded in which the mode of obtaining the
land-use right shall be stated.
obligations stated in the contract for granting the land-use right
shall be transferred therewith.
use of the land-use right shall be the remaining years after
subtracting the years of use by the former land user from the
original term agreed upon in the contract for granting the land-use
right.
modifies the land-use purpose agreed upon in the contract for
granting the land-use right, the transferee must obtain consent
from the transferor and the administrative department in charge of
urban planning under the people's government of the relevant city
or county, and conclude an agreement on the modification of the
contract for granting the land-use right or enter into a new
contract for granting the land-use right and readjust the fees for
granting the land-use right accordingly.
conditions shall be met:
right and obtained the certificate of the land-use right;
reached twenty-five percent or more of the total investment for
the construction project, computed on the basis of the commercial
houses provided for presale, and the schedule of construction and
the date of completion for delivery have been set; and
department in charge of house property under the people's
government at or above the county level and to obtain the
certificate of permission for the presale of commercial houses.
relevant provisions of the State, submit the presale contracts to
the departments of housing administration and departments of land
administration under the people's governments at or above the
county level for registration and record.
must be used for the relevant construction projects.
matters concerning the transfer of incomplete pre-sold commercial
houses that the buyers have purchased shall be prescribed by the
State Council.
mortgagor provides the mortgagee security for the payment of a
debt with his legal real estate in the manner that the possession
of his real estate is not transferred. Where a debtor fails to pay
his debt, the mortgagee shall have the right in accordance with the
law to enjoy the priority in compensation to be paid with funds
obtained from auction of the real estate
mortgaged.
obtained according to law together with the land-use right to the
house site.
mode of granting.
the strength of the certificate of the land-use right and the
certificate of ownership of the house.
the mortgagee shall enter into a written mortgage contract.
created is obtained by mode of allocation, the mortgagee may
enjoy the priority in compensation only after the amount equal to
the fees for the granting of the land-use right is paid from the
funds obtained from auction of the real estate done in accordance
with the law.
estate is concluded, newly-built houses on the land shall not be
regarded as the mortgaged asset. If the mortgaged real estate
needs to be sold by auction, the newly-built houses on the land may
be auctioned off according to law together with the mortgaged
assets. However, the mortgagee shall not have the priority in
compensation with respect to the funds obtained from auction of the
newly-built houses.
house in the capacity of a leaser leases his house to a leasee for
use and the leasee pays rent for the house to the leaser.
shall conclude a written lease contract defining such matters as
the term, purpose, and price of the lease, liability for repair, as
well as other rights and obligations of both parties, and shall
register the lease with the department of housing administration
for the record.
accordance with policies on lease formulated by the State and the
people's government of the city where the houses are located.
Where houses are leased for activities of production and business
operation, the rent and other terms for the lease shall be
determined by both parties through consultation.
purposes, leases the house built on the State-owned land, the
land-use right for which is obtained by mode of allocation, he
shall turn over to the State the proceeds derived from the land and
contained in the rent. The specific measures shall be prescribed by
the State Council.
include real estate consultant agencies, real estate price
appraisal agencies and real estate broking agencies.
meet the following conditions:
regulations.
estate, an application for registration of the establishment shall
be submitted to the administrative department for industry and
commerce and a business licence shall be obtained, before it starts
its business.
authentication system for real estate price appraisers.
Chapter V Administration of Real Estate Ownership Registration
and certification for land-use right and ownership of houses.
submitted to the department of land administration under the local
people's government at or above the county level. Upon
verification by the department of land administration under the
local people's government at or above the county level, the
certificate of the land-use right shall be issued by the people's
government at the corresponding level.
obtained pursuant to the law, an application for registration
shall, on the strength of the certificate of land-use right, be
submitted to the department of housing administration under the
local people's government at or above the county level. The
department of housing administration under the local people's
government at or above the country level shall issue the
certificate of ownership of the house after verification.
application for registration of the modification of house property
shall be submitted to the department of housing administration
under the local people's government at or above the county level
and on the strength of the certificate of the ownership of the
house after modification, an application for registration of the
modification of the land-use right shall be submitted to the
department of land administration under the people's government at
the corresponding level. Upon verification by the department of land administration under the people's government at the
corresponding level, a new or a modified certificate of the
land-use right shall be issued by the people's government at the
corresponding level.
laws shall apply.
local people's government at or above the county level.
obtained from disposal of mortgaged real estate, the change of
ownership for the land-use right and the house shall be registered
in accordance with the provisions of this Chapter.
at or above the county level is in charge of both housing
administration and land administration as determined by the
people's government of the relevant province, autonomous region or
municipality directly under the Central Government, such department
may make and issue the uniform certificate of the ownership of real
estate, in which the confirmation and modification of the ownership
of houses and the land-use right of the house site shall be
recorded respectively in accordance with the provisions of Article
60 of this Law.
Chapter VI Legal Liability
authorization the granting of land-use right or grants land-use
right without due approval for development of real estate, the
person who is held responsible shall be given an administrative
sanction by an organ at a higher level or by the unit to which he
belongs.
29 of this Law, engages in business of real estate development
without obtaining a business license shall be ordered to stop
activities of real estate development and confiscated of his
unlawful proceeds and may be concurrently imposed a fine by the
administrative department for industry and commerce under the
people's government at or above the county level.
shall be confiscated of his unlawful proceeds and may be
concurrently imposed a fine by the department of land
administration under the people's government at or above the county
level.
be ordered to pay the fees for the granting of the land-use
right, confiscated of his unlawful proceeds and may concurrently
be imposed a fine by the department of land administration under
the people's government at or above the county level.
shall be ordered to stop activities of presale, confiscated of his
unlawful proceeds and may concurrently be imposed a fine by the
department of housing administration under the people's government
at or above the county level.
57 of this Law, engages in intermediary services for real estate
business without obtaining a business license shall be ordered to
stop activities of intermediary services for real estate business,
confiscated of his unlawful proceeds and may concurrently be
imposed a fine by the administrative department for industry and
commerce under the people's government at or above the county
level.
development enterprise without the basis of laws, rules and
regulations shall be ordered by the organ at a higher level to
return the fees thus collected; if the circumstances are serious,
the person who is held directly responsible shall be given an
administrative sanction by the organ at a higher level or by the
unit to which he belongs.
administration or land administration commit negligence of duty
or abuse of power and the case constitutes a crime, they shall be
investigated for criminal responsibilities in accordance with the
law; if the case does not constitute a crime, they shall be given
administrative sanctions.
land administration take advantage of their functions and powers to
extort money or properties from others or to illegally receive
money or properties from others, thus seeking gains for others, and
the case constitutes a crime, they shall be investigated for
criminal responsibilities in accordance with the supplementary
provisions on punishing crimes of embezzlement and bribery; if the
case does not constitute a crime, they shall be given administrative
sanctions.
Chapter VII Supplementary Provisions
of real estate, and exercising administration of real estate in the
State-owned land outside of a planned urban district shall be
carried out by making reference to this Law.
1995.
URL: http://www.asianlii.org/cn/legis/cen/laws/aoture348