The sublease, transfer or mortgage of the right to use the leased land must be registered according to law. If the lessee sublets or sublets the leased land to a third party, the right to use the leased land is still held by the original lessee, and the lessee has established an additional lease relationship with the third party, and the third party obtains other rights of the land. If the lessee transfers the land lease contract, the rights and obligations stipulated in the lease contract shall be transferred to a third person, and the third person shall obtain the right to use the leased land. The lease contract is still valid after the name change.
If buildings and structures such as houses on the ground are mortgaged according to law, the right to use the leased land can be mortgaged accordingly, but the right to use the leased land can only be valued according to the difference between the contract rent and the market rent and the lease term, and the land lease contract is transferred at the same time when the mortgage right is realized. During the term of use, the lessee has the priority to the transferee, and the lease relationship will be terminated after the transfer formalities.
Land lease conditions
(1) The lessor has the right to dispose of the land and legally transfer its land use right only if it has legally obtained the right to use the state-owned land through transfer and holds the certificate of the right to use the state-owned land.
(2) When leasing the land use right, the lessor should have the land use right certificate and the ownership certificate of the buildings and other attachments on the ground, that is, the land use right holder and the house owner must be consistent.
(3) When the land use right is leased, the original land use right holder who obtained the land use right by means of transfer must pay the transfer fee according to the transfer contract and make certain investment and development according to the time limit and conditions stipulated in the contract.
(4) The lease of the land use right shall not violate the provisions of the land use right transfer contract.
(5)*** has the right to use the leased land.
Conditions for subletting land
(a) the land use right obtained by means of transfer
When transferring a real estate project, it is necessary to pay all the land use right transfer fees and obtain the land use right certificate in accordance with the transfer contract, which is a necessary condition for the establishment of the transfer contract, and the transfer is allowed only after the transfer contract is established;
Investment and development should be carried out in accordance with the transfer contract, and transfer is allowed only after a certain development scale is completed.
There are two situations here. First, it belongs to housing construction, and the actual investment in housing construction projects should account for more than 25% of the total investment in development; Second, the land belongs to the development of a piece of land, and it is necessary to form industrial or other construction land conditions before it can be sold. The above two conditions must be met at the same time before the real estate project can be transferred. The purpose of this regulation is to strictly limit land speculation and profiteering, so as to ensure the smooth implementation of development and construction.
(two) the land use right obtained by means of allocation
A real estate project that obtains the land use right by means of allocation must be approved by the people's government with the right of approval. After examination, except that the transfer is not allowed, there are two ways to deal with the transfer: the first way is that the transferee goes through the formalities of transferring the land use right and can only transfer it after paying the transfer fee in accordance with the relevant provisions of the state; The second is that real estate can be transferred without going through the formalities of land use right transfer, but the transferor should turn over the land proceeds from the transfer of real estate to the state or make other treatments.
If the land use right is obtained by allocation, and the real estate transfer is under any of the following circumstances, the land use right transfer formalities may not be handled with the approval of the people's government with the right of approval.
1, with the approval of the competent department of urban planning administration, the land is transferred to state organs and military land; Urban infrastructure and land for public welfare undertakings; Land for energy, transportation, water conservancy and other projects supported by the state and other land as stipulated by laws and administrative regulations. Affordable housing administrative allocation. Therefore, if the affordable housing project is still used for affordable housing after the transfer, it may not go through the transfer formalities with the approval of the people's government with the right of approval.
2, private housing is still used for living after the transfer;
3, in accordance with the relevant provisions of the urban housing system reform in the State Council, the sale of public housing;
4. Part of the houses on the same land are transferred, and the land use right is transferred inseparably;
5, the transfer of real estate is temporarily difficult to determine the land use right transfer purposes, duration and other conditions;
6. According to the urban planning, the land use right should not be transferred;
7. Other circumstances in which the people's government at or above the county level stipulates that it is temporarily impossible or unnecessary to transfer the land use right.