Ministry of Land and Resources, Circular on Issues Relevant to Strengthening the Supply and Regulation of Land Use for Real Property

国土资源部关于加强房地产用地供应和监管有关问题的通知

April 16, 2010 | BY

clpstaff &clp articles &

MLR issues 19 articles to curb property speculation.

Clp Reference: 4100/10.03.08 Promulgated: 2010-03-08

Issued: March 8 2010

Main contents: City and county land and resources administrative departments shall ensure the land supply for construction of welfare residential premises, for rebuilding of shanty areas, and for self-occupied, small and medium residential units. The aforementioned land use shall be no less than 70% of the total land supply for construction of residential premises. Land supply for construction of large residential units shall be stringently monitored, and land supply for construction of villas shall be prohibited (Article 1).

City and county land and resources administrative departments shall also formulate a land grant proposal according to the land planning design criteria issued by the urban planning department. In the case of land for medium- and low-priced ordinary commodity premises, the proposal shall include the requirements on the price range, number of units and the floor area of the units proposed by the department in charge of real property. The land grant contract shall include the aforementioned information and the penalties for breach of contract. The minimum land grant fee may not be lower than 70% of the benchmark land price of the class to which the plot of land being granted belongs, and the deposit for bidding may not be lower than 20% of the minimum land grant fee.

Where the land user is in the following circumstances, it shall be prohibited by the city or county land and resources administrative department to participate in any land bidding within a specified time limit: owing land grant fees, leaving land idle, hoarding land for speculation purposes, the scale of land development exceeding its actual development capacity and failure to perform the land use contract.

A land grant contract shall be concluded within 10 working days after the land grant transaction, and 50% of the land grant fee shall be paid within one month after the conclusion of contract as down payment. The remainder shall be paid according to the stipulations in the contract on time within one year (Article 4).

Beginning from April 1 2010, municipal and county land and resources administrative departments shall establish a reporting system for the commencement and completion of real property land construction. Land users shall, at the commencement and completion of construction projects, report to the land and resources administrative department in writing, and local authorities shall conduct verification and inspection of the stipulations of the contract. Where construction fails to commence or complete within the time limit stipulated in the contract, the land user shall report the reasons for the delay within the 15 days before the due date. Where a land user fails to submit a report, it shall make a public announcement, and shall be restricted from purchasing land for at least one year (Article 6).

Related legislation: Circular on Promoting the Steady and Healthy Development of the Real Property Market, Jan 7 2010, CLP 2010 No.3 p.31

clp reference:4100/10.03.08promulgated:2010-03-08

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