The Property Puzzle

房地产市场的难题

February 24, 2018 | BY

Susan Mok

Yong Xie and Jingyi Zhao of Jin Mao Partners explains the latest housing and land supply policy measures, the year's most influential real estate M&A deals, and the challenges and emerging opportunities in property and infrastructure for foreign investors 金茂凯德律师事务所的谢勇律师和赵静怡律师阐述了最新的房屋和土地供应政策措施、本年最具影响力的房地产并购交易以及外资在房地产和基础设施方面的挑战和新机遇

1. What have been the most significant real estate and land supply regulations and policies issued in the past year?

The Central Committee of the Communist Party of China and State Council, Opinions on Improving the Property Rights Protection System and Protecting Property Rights in Accordance with the Law released on November 4, 2016, proposed the study of legal arrangements for renewing land use rights, such as for residential construction, after they expire in order to encourage stable public expectations regarding long-term protection of citizens' property. They have been received as an important signal that the government will automatically renew individuals' use rights to residential land once their 70-year terms expire. The Ministry of Land and Resources, National Development and Reform Commission, Ministry of Finance, Et. Al., Opinions on Expanding the Scope of Use for Consideration of State-owned Land were issued on December 31, 2016. They specifically encourage land supply through grant and lease, as well as allocation, for projects that are able to use allocated land, such as those for energy, environmental protection, low-income housing projects, elderly care, education, culture, sports, and water, gas, and heat resource facilities. They also support municipal and county governments in providing land by using state-owned construction land use rights as capital contribution at value, or for acquiring an equity interest to invest in the construction of the above projects  alongside private capital.

Moreover, a series of regulations and policies were issued last year to restrict and govern financing by real estate development enterprises, substantially raising challenges in land acquisition, as well as in project development and construction in the ordinary housing sector in certain favored cities. These moves have had a significant impact on housing supply.

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