1、1中华人民共和国城市房地产管理法Law of the Peoples Republic of China on Urban Real Estate Administration(adopted by the 8th meeting of the Standing Committee of the 8th National Peoples Congress on July 5, 1994 and amended according to the Decision on Amending the Law of the Peoples Republic of China on Urban Real
2、Estate Administration which was adopted at the 29th meeting of the standing committee of the 10th National Peoples Congress of the Peoples Republic of China on August 30th, 2007) CONTENTSCHAPTER I GENERAL PRINCIPLES CHAPTER II LAND FOR REAL ESTATE DEVELOPMENT PART 1 LEASING OF RIGHT OF LAND USE PART
3、 2 ALLOCATION OF RIGHT TO USE LAND CHAPTER III REAL ESTATE DEVELOPMENT CHAPTER IV TRANSACTIONS OF REAL ESTATE PART 1 GENERAL PROVISIONS PART 2 TRANSFER OF REAL ESTATE PART 3 MORTGAGE OF REAL ESTATE PART 4 LEASING OF HOUSES PART 5 INTERMEDIATE SERVICE AGENCIES CHAPTER V REGISTRATION OF REAL ESTATE TI
4、TLE CHAPTER VI LEGAL LIABILITIES CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PRINCIPLES Article 1 This law is formulated for the purpose of safeguarding the real estate market order, protecting lawful rights and interests of real estate owners and promoting healthy development of the real
5、 estate industry through a strengthening of urban real estate administration. Article 2 Those who acquire the right to use the State-owned land within the designated urban area of the Peoples Republic of China (hereinafter referred to as“ State-owned land“) for real estate development, engage in rea
6、l estate development or transactions of real estate and exercise real estate administration shall abide by the law. The buildings referred to in this law shall mean houses and other structures on the land. The real estate development referred to in this law shall mean the activities of construction
7、of infrastructures and buildings on the land that the right to use the State-owned land has been assigned in accordance with this law. 2The transactions of real estate referred to in this law shall mean transfer of real estate, mortgage of real estate and leasing of buildings. Article 3 The State pr
8、actices system of using State-owned lands under due compensation and terms of using the land except the use of State- owned land allocated by the State according to this law.Article 4 The State shall, in accordance with the social and economic development level, supports construction of residential
9、houses to gradually improve the living conditions of local residents. Article 5 Real estate owners shall abide by the laws and administrative decrees and pay tax according to the law. The lawful rights and interests of real estate owners are protected by the law against any infringement by institute
10、s and individuals. Article 6 For public interests, the state can expropriate any entity or individuals house built on state-owned land, but the state shall give relocation compensations according to law and safeguard the legitimate rights and interests of the entity or individual. If an individuals
11、residential house is to be expropriated, the state shall guarantee the housing conditions of the individual. The specific measures shall be formulated by the State Council.Article 7 The administrative department in charge of construction and the land administration department of the State Council sh
12、all administer the work of real estate nationwide individually or cooperatively under their own powers. The organizational set-up and power of the reall estate administration and land administration departments of the local peoples governments above the county level shall be determined by the provin
13、cial, autonomous regional or municipal peoples governments. CHAPTER II LAND FOR REAL ESTATE DEVELOPMENT PART I LEASING OF RIGHT OF LAND USE Article 8 Leasing the right of land use means that the State leases the right of using the State-owned land to land users within a certain period and the land u
14、sers shall pay the State fees for using the land. Article 9 For a collectively-owned land within a designated urban area, it must be requisitioned and turned into State-owned land in accordance with law first and then for leasing out to land users with due compensation. Article 10 The lease out of l
15、and for use must comply with the overall land use plan, the urban plan and the annual construction land use plan.Article 11 For leasing out the right of their land for real estate development, they peoples government above the country level must first of all draft plans of total areas of land to be
16、leased out in a year in accordance with the control quotas assigned by the peoples government at or 3above the provincial level, and following the provisions of the State Council, report to the State Council or provincial-level peoples government for endorsement. Article 12 The right to use land sha
17、ll be leased step by step in a planned manner by city or county peoples governments. A city or county peoples government and the urban planning, construction and real estate administration departments shall jointly draft a plan on the tracts of land to be leased out with their uses, term of use and
18、other conditions, and following the provisions of the State Council, report to the empowered peoples government for approval and then hand down the plan to the land administration department of the city or county peoples government for execution. The power consigned to county peoples governments and
19、 the relevant departments of the municipality directly under Central Government for execution as referred to in the above paragraph shall be determined by the municipal peoples government. Article 13 The right of use land shall be leased through auction, bidding or negotiations between the related p
20、arties.The right to use the land for construction of commercial, tourist, recreational facilities or luxury housing must be leased out through auction or bidding, when conditions permit; when conditions do not permit and auction or bidding cannot be adopted, it may be leased through negotiations bet
21、ween the related parties. Prices for the use of the land leased out through negotiations between related parties shall not be lower than the bottom price stipulated by the State provisions. Article 14 The maximum term of land use shall be stipulated by the State Council. Article 15 A written contrac
22、t for the lease shall be signed on the lease of the right to use land. The contract for the lease of the right to use land shall be signed by the land administration department of a city or county peoples government and land users. Article 16 Land users shall pay the lease fees of the right to use l
23、and in accordance with the contracts signed for the lease; when one fails to pay the fees for the use of the land in accordance with the related contract of the lease, the land administration department has the right to rescind the contract and ask for compensation for violation of the contract. Art
24、icle 17 When land users pay the lease fees for the right of land use in accordance with the contract for the lease, the land administration department of a city or county peoples government must provide the land in accordance with the contract for the lease; when the land is not provided in accordan
25、ce with the contract for the lease, the land user has the right to cancel the contract with the fee handed over for the use to be returned by the land administration department and the land user may also ask for compensation for the violation of the contract. Article 18 Land users who need to change
26、 the use of the land prescribed by the contract must first 4of all get the consent from the land lessor and the urban planning department of the city or county peoples government, sign an agreement for revision of the contract for the lease of the right to use land or sign a new contract for the lea
27、se of the right to use land and readjust the lease fees of the right to use land accordingly.Article 19 Lease fees for the right of land use must be handed over to the financial department to be entered into the budget and used for the construction of urban infrastructures and land development. The
28、hand- over procedure and the use of the lease fees for the right of land use shall be stipulated by the State Council. Article 20 The State shall not take back the right of land use that the land users have obtained in accordance with the law before the expiration of the agreed term prescribed in th
29、e contract; under special circumstances, the State may take back the land in advance out of public interest consideration in accordance with legal procedures and corresponding compensation shall be given to the related land user in accordance with the real term that the land had been used and the re
30、al conditions of the land development. Article 21 The right of land use shall terminate with extinction of the land. Article 22 Upon a continuous use of the land after expiration of the agreed term prescribed by the contract, the land user has to apply for extension at least one year before the expi
31、ration of the term. The application shall be approved except that the tract of land needs to be taken back out of public interest consideration. When extension is approved, it is necessary to re-sign a contract for the use of the land and pay fees accordingly for the use in accordance with the provi
32、sions. When the agreed term prescribed by the contract for use of the land expires and the land user has not applied for extension or the application for extension has not been approved in accordance with the provision of the above paragraph, the right to use the land shall be returned to the State
33、gratis. PART II ALLOCATION OF RIGHT TO USE LAND Article 23 The allocation of the right to use land shall mean the hand over of a tract of land by the peoples governments above the county level for use by a land user in accordance with the law for compensation, settlement, etc. or gratis. The right o
34、f land use obtained through allocation in accordance with this law, except those prescribed otherwise by the laws and administrative rules, has no time limit.Article 24 The right of land use for construction of the following projects, may be allocated by the peoples governments above the country lev
35、el when necessary: (1) land used by State organs of for military purpose; (2) land used for construction of urban infrastructures and public utility;5(3) land used for construction of the State-supported key energy, transport and water conservancy projects; and (4)land used for other purpose stipula
36、ted by the laws and administrative rules. CHAPTER III REAL ESTATE DEVELOPMENT Article 25 Real estate development should be made in strict accordance with the urban developing plan under an overall planning, rational layout, comprehensive development and balanced construction of all facilities to ach
37、ieve an integration of economic, social land environmental effect. Article 26 Those who have obtained the right of land use through lease for real estate development must develop the land in accordance with the use and term as prescribed by the contract for the land use. When the development has not
38、 started one year later than the date for starting the development as prescribed by the contract, an idle land fee less than 20 percent of the lease fees for land use may be collected and when the development has not started two years later, the right to use the land may be taken back without any co
39、mpensation, except that the delays are caused by force majeure, the activities of government or governmental departments, or the necessary preparatory work for starting the development.Article 27 The design and construction of a real estate development project must comply with the State relevant sta
40、ndards and norms.After its completion, a real estate development project must be inspected and accepted before it can be put into operation. Article 28 The right to use a land obtained in accordance with the law may be evaluated to be turned into shares for a joint equity of cooperative real estate
41、venture in accordance with this law, the relevant laws and administrative decrees. Article 29 The State adopts preferential tax and other measures to encourage and support real estate development enterprises to develop and build residential buildings.Article 30 A real estate development enterprise s
42、hall mean an enterprise engaged in development and operation of real estate for the purpose of profit. The establishment of a real estate development enterprise shall have the following conditions: (1) Its own name and organization; (2) A fixed site for business operations; (3)The registered capital
43、 complying with provisions of the State Council;(4) Sufficient professionals and technicians; and 6(5) Other conditions prescribed by the law and administrative decrees. To establish a real estate development enterprise, a registration should be made with the Administration for Industry and Commerce
44、. The Administration for Industry and Commerce shall handle registration procedures of those which comply with conditions as prescribed by this law and issue licenses to them; and refuse to handle registration procedures of those which do not comply with conditions prescribed by this law. Those whic
45、h establish a limited liability company or limited stock company to engage in real estate development and operations shall also execute the relevant provisions of the Corporate Law. A real estate enterprise shall report for record to a department designated by the peoples government above county lev
46、el where the registration department is located within one months after obtaining the license.Article 31 The ratio between the registered capital and the total investment of a real estate enterprise must comply with the relevant State provisions. When a real estate enterprise develops a real estate
47、project in phases, the amount of investment in each phase shall suit the project scale of that phase and, in accordance with the provisions of the contract for the lease of the right to use land, funds shall be put into construction on schedule.CHAPTER IV TRANSACTIONS OF REAL ESTATE PART 1 GENERAL P
48、ROVISIONSArticle 32 When a real estate is transferred or mortgaged, the ownership of the building and the right to use the land occupied by the building are transferred or mortgaged at the same time. Article 33 The standard land prices, the nominal land prices and the appraised prices of various bui
49、ldings shall be determined and published regularly. The specific methods shall be stipulated by the State Council.Article 34 The State institutes a real estate price evaluation system. The evaluation of price for a real estate follows the principles of being just, fair and public in accordance with the technological standards and evaluation procedures as stipulated by the State basing on the standard land price, nominal land price and the appraised prices of various buildings and referred to the local market prices. Article 35 The State institutes a report schedule for
