Article 20 of the Provisional Regulations of the People's Republic of China on Assignment and Transfer of Urban State-owned Land Use Rights stipulates that an assignment contract shall be signed for assignment of land use rights. The transfer contract shall be in written form.
Real estate developers should clearly stipulate in the transfer contract that the land use shall not be changed. If it is really necessary to change, the approval materials of the land management department and the approval documents of the people's government that originally approved the land use shall be submitted. The transfer contract shall clearly state the way of obtaining the land use right.
(two) the change of registration of the transfer of land use rights
The change registration of land use right is the legal requirement of land use right transfer. Article 39 of the Real Estate Management Law stipulates the conditions under which real estate can be transferred. However, at the time of transfer, in addition to signing a written transfer contract, it is necessary to register the change of land use rights before the transfer can be completed. Article 25 of the Provisional Regulations of the People's Republic of China on Assignment and Transfer of State-owned Land Use Rights stipulates that the transfer of land use rights and the ownership of buildings and other attachments on the ground shall be registered in accordance with the regulations. The division and transfer of the land use right and the ownership of buildings and other attachments on the ground shall be approved by the land management department and the real estate management department of the people's government of the city or county, and the transfer registration shall be handled in accordance with the regulations. At the same time, real estate development enterprises shall, within 30 days after completing the registration procedures of land use rights, go to the real estate administrative department of the people's government of the city or county to handle the project transfer filing procedures.
(3) Real estate developers should fully understand the delivery situation after the transfer of taxes and fees.
The land use right holder shall pay the land use tax and other fees in accordance with the regulations, and the transferor shall specify the taxes and fees that he should pay according to law, so as to avoid bearing additional expenses or even being investigated for administrative or criminal responsibility because he does not have relevant knowledge.
I. Land use right and house ownership
Most property buyers have little knowledge of housing property rights, which confuses housing property rights and land use rights. "Land use right" and "house property right" are two different concepts. Housing property right is ownership, and land use right is transferred by the state. The so-called right to use real estate is actually just the right to use land. Land use right determines the right to use real estate.
The owner-occupied house not only owns the ownership of the house, but also owns the land use right of the house.
In other words, if the house is still there when the property right expires, the house is still yours, but you have to pay land tax. Property right refers to the land use right occupied by the house, not the ownership of the house itself. According to state regulations, urban construction land belongs to the state, and individuals and enterprises can use and trade the right to use it with compensation.
The right to use the house is 70 years, counting from the date of acquisition. As long as the buyer has a legal title certificate, the house is private property and does not belong to the state. As long as the house is still there, the individual has the ownership of the house. The property right of the house is 70 years since the developer started to build the house.
We cannot confuse 70 years of land ownership with 70 years of land use rights, nor can we confuse "house ownership" with "land use rights". The correct statement is that "the land use right is generally 70 years".
Second, is the land use right a usufructuary right?
Contracted management right, construction use right, easement right and homestead right are all concrete forms of land use right. The contracted management right is mainly rural agricultural land; The right to use construction is the right to use state-owned land; Easement is the corresponding rights and interests (or other specific connections) of adjacent land; Homestead is the land use right of rural residential construction. In China, usufructuary right is stipulated by law, including state-owned land use right, land contracting right, homestead use right and pawning right. The usufructuary right is legal, and the parties cannot create it by themselves. Therefore, land use right belongs to usufructuary right.
Land use right belongs to usufructuary right, but the specific forms of land use right, such as state-owned land use right, land contractual management right and homestead use right, are rarely divided into usufructuary right by academic circles. The meaning of usufructuary right actually refers to the right to obtain income from the use of goods.
Legal basis:
Definition of usufructuary right in Article 323 of the Civil Code The usufructuary right holder has the right to possess, use and profit from the real estate or movable property owned by others according to law.