Shenzhen Denied The Right To Recover Land Use Rights Without Due Compensation.

In the past two days, media reports reported that the golden Taoyuan District in Nanshan District, Shenzhen will become the property that the first land use right will be recovered by the government after it expires.

In July 26th, the Shenzhen planning and Land Commission responded to the matter by saying that the statement was "without basis". The People's Republic of China property law, which was put into effect in 2007, stipulates that "the expiration of the term of the right to use the residential construction land shall be automatically renewed; the non residential construction land" shall be renewed automatically.

According to relevant media reports: Nanshan District golden Taoyuan building is a 20 story commercial and residential building. Recently, the owner of the building was told that the former Shenzhen planning and Land Commission had explicitly stipulated that after the expiration of the land pfer period, the government would recover the right to use the gold Taoyuan building without compensation, and the buildings and other attachments on the local block were also paid free by the government. If the owners want to protect their rights, they can find the government.

The developer must cancel the registration procedure of the property right within ten days after the expiry of the term, otherwise the government will cancel it.

Rosa admitted that it did, but said there was nothing they could do about it.

The Shenzhen planning and land department reiterates that it will act according to the contract.

The report says, "throughout the country,

The report has caused huge repercussions, and the major websites have reprinted the news with the title of "the first unpaid land resumption by the Shenzhen government".

Some netizens questioned that the property mentioned in the report "stipulates that the property usage period is 70 years, starting from 1998". The right to the use of the real estate still has to expire for more than 50 years. As early as January this year, there were media reports about the state of Shanghai's "70 years property rights of the pfer and pfer of the right to the use of state-owned land".

Should the government recover property after 70 years of land use?

This afternoon, the Shenzhen news network interviewed the responsible person of the Shenzhen municipal planning and Land Commission on the matter. The reply was: "there is no basis for individual media about the first free land resumption of the property of the Shenzhen government." the Shenzhen planning and Land Commission and the two directly under the authority have never interviewed the reporters about how to deal with the land use right of the golden Taoyuan building.

The person in charge of the Commission said that China's laws and regulations stipulate that the land

According to the Commission, the fortieth regulation of the Provisional Regulations on the pfer and pfer of the right to the use of state-owned land in towns and towns in 1990 stipulates: "when the land use right is expired, the ownership of the right to the use of the land and the buildings on the ground and other attachments shall be obtained by the state without compensation". The following provisions are made in 1990.

The forty-first rule: "land users can apply for renewal on the expiration of the right to the use of land.

If a renewal is required, the contract shall be re signed in accordance with the provisions of the second chapter of this Ordinance, and the pfer fee of the right to the use of the land shall be paid and registered. "

The twenty-first provision of the "law of the People's Republic of China on the management of urban real estate", implemented in 1995, stipulates: "when the term of use of the contract for the assignment of the land use right is expired, and the land user needs to continue to use the land, it shall apply for renewal at the latest one year before the expiry date.

If the permit is allowed to renew, the contract for the assignment of the right to the use of land shall be re signed, and the pfer fee of the right to the use of the land shall be paid according to the provisions.

If the land user has not applied for renewal or has applied for renewal, but has not been approved in accordance with the provisions of the preceding paragraph, the land use right shall be recovered by the state without compensation.

Fiftieth to 54 of the regulations on the assignment of the right to the use of land in the Shenzhen Special Economic Zone, which was implemented in 1994, also stipulates the handling of the expiration of the term of the right to the use of land.

"The land use right contract of Shenzhen Taoyuan building (T202-0205") signed in 1998 was the standard version of the general contract for the assignment of the right to the use of land in the city of Shenzhen at that time. It was formulated in accordance with the provisions of the above laws and regulations. Fourteenth of them agreed on the disposal methods for the expiration of the land pfer period, including the renewal of the land for use, which is consistent with the laws and regulations of the time.

Shenzhen planning and Land Commission said.

However, the 148th article of the People's Republic of China property law, which was put into effect in 2007, stipulates: "before the expiry of the period of construction land use right, the land needs to be recovered in advance because of the public interest, and the housing and other real estate on the land shall be compensated according to the forty-second provision of this law, and the corresponding pfer fee shall be refunded."

The 149th rule: "when the right to use residential construction land expires, it is automatically renewed.

Renewal of the term of use of non residential construction land after the expiration of the term shall be prescribed in accordance with the law.

The Shenzhen planning and Land Commission stressed that, according to this law, "the period of land use right in the Taoyuan mansion, after the expiration of the right to use the land, will be renewed automatically according to the provisions of the property law, and the renewal of the period of the expiry of the right to use the non residential part of the land is handled in accordance with the provisions of the law.

At that time, the owners of golden Taoyuan building will go through the formalities according to the provisions of laws and regulations.