State-owned construction land use right transfer contract demonstration text introduced
In principle, commercial housing projects must not exceed three years of development time. Yesterday, the reporter learned from the Ministry of Land and Resources that, in order to standardize the management of the contract for granting the right to the use of state-owned construction land, the Ministry of Land and Resources and the State Administration for Industry and Commerce issued a notice to the local government to issue a demonstration copy of the "State-owned Construction Land Use Rights Grant Contract." Performed on the 1st of the month.
The model texts of the "State-owned Land Use Rights Grant Contract" and the "Supplementary Agreement on the State-Owned Land Use Right Grant Contract" issued in 2000 and 2006 were simultaneously abolished. It is reported that the contract should clearly specify the start time and completion time of the construction project. For commercial residential projects, the maximum development period cannot exceed 3 years in principle. If the assignee fails to complete the construction according to the date of this contract, it shall pay a certain percentage of breach of contract damages.
The notice required all municipal and county land and resources management departments to standardize the signing of the State-owned Construction Land Use Rights Granting Demonstration Text, standardize the signing of the contract for the use of state-owned construction land use rights, and supervise the use of land strictly by the contract. Provinces (autonomous regions and municipalities) The Department of Land and Resources (Bureau) shall uniformly number the transfer contracts signed by the cities and counties within its own administrative region, and strengthen the supervision of the implementation of the transfer contracts.
The newly revised contract text consists of three parts: the body of the contract, three annexes, and instructions for the use of the contract. Article 9 Chapter 48 of the main text, including General Provisions, Payment of Granted and Transferred Land, Land Development, Construction and Utilization, Transfer of State-owned Construction Land Use Rights, Lease Mortgages, Expiry of Term, Force Majeure, Liability for Breach of Contract, Applicable Law and Dispute Settlement, Supplementary Provisions Wait.
According to the model text, the assignee should pay all the state-owned construction land use right transfer fees according to the contract, and then they can apply for the registration of the state-owned construction land use rights registration by paying the relevant proof materials such as contract and transfer price payment voucher. When signing a transfer contract, it is necessary to clearly enter the total amount of development investment for the construction project on the parcel, the maximum and minimum limit of the building volume ratio, the construction area, the building height limit, the maximum and minimum limit of the building density, and the maximum and minimum green space rate Utilization conditions. The transferee shall use the land in accordance with the land use volume ratio stipulated in this contract and shall not change it without authorization.
The value of attention is that the contract should clearly fill out the construction project start time, completion time. For commercial residential projects, the maximum development period cannot exceed 3 years in principle. If the transferee cannot start construction on schedule, the deferred construction application must be submitted to the transferor 30 days in advance. If the transferor agrees to extend the construction, the completion time of the project will be postponed accordingly, but the extension period cannot exceed one year. If the assignee fails to open or complete the construction according to the agreed date of the contract or agree to the extension of the contract, the contractor shall pay the transferor a penalty equal to a certain percentage of the total amount of the transfer price of the state-owned construction land use rights.
It should also be noted that the contract text clearly stipulates the proportion of non-productive facility land area in industrial projects, and the area of ​​land used for corporate administrative office and living service facilities in the parcel area accounts for the proportion of the parcel area to be transferred. In principle, it must not exceed 7%.
In the construction of residential projects, the total number of housing construction within the parcel of land, the number of housing units under 90 square meters, the housing area under 90 square meters, the proportion of the total area of ​​the parcel development and construction, and the supporting construction economy The requirements for government-protected housing such as affordable housing and low-rent housing have been agreed upon. Newly issued laws and policies concerning the ratio of land use area for corporate administrative office and living service facilities in industrial project sites, the proportion of housing units and areas under 90 square meters of planned construction area, and affordable housing and low-rent housing for commercial residential projects, etc. If it is stipulated, when signing a transfer contract, it shall be completed in accordance with the latest policy.
The new contract text clarifies that the right to use construction land is a spatial concept. When signing a transfer contract, the coordinates of the boundary points of the parcels and the heights of the upper and lower elevations must be clearly defined. The parcel space scope is the vertical plane formed by the boundary points. The level of the space formed by the level of the upper and lower elevations is closed.
Space effect map residential space
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