According to the Provisional Regulations on Assignment and Transfer of Urban Land Use Rights in People's Republic of China (PRC), land use is divided into commercial land, residential land, industrial land and scientific, educational, cultural and health land.
Land use rights transfer contracts or land allocation decisions restrict land use. The Regulations on the Implementation of the Land Management Law also stipulates that land users shall not change their land use at will. If it is really necessary to change the land use, it shall obtain the consent of the original transferor, adjust the transfer fee of the land use right, and re-sign the land use right transfer contract. "Urban Real Estate Management Law" also stipulates this article, and at the same time, in the urban planning area, it is necessary to obtain the consent of the urban planning management department. Otherwise, it is illegal land use.
Furthermore, the land for science, education, culture, health and sports belongs to public welfare undertakings, and is generally supplied by administrative allocation, while the commercial and residential land belongs to the nature of commercial housing and should be supplied by allocation.
Is there educational land to buy a house? If it is collective land, it belongs to a small property right house. It is recommended not to buy it.
Item 3 of Article 37 of the Guarantee Law and Item 3 of Article 184 of the Property Law explicitly prohibit the mortgage of "educational facilities, medical and health facilities and other public welfare facilities of schools, kindergartens, hospitals and other institutions and social organizations".
Not all houses can apply for real estate mortgage loans, such as schools, kindergartens, hospitals, houses for public welfare purposes, houses with outstanding loans, houses with small property rights without real estate licenses, affordable housing with less than five years, second-hand houses with old houses and small areas, buildings under cultural relics protection, illegal buildings or temporary buildings, houses that cannot provide purchase contracts or purchase agreements, houses with disputed ownership, houses within the scope of demolition, etc. , can not be used for mortgage loans.
Can I apply for real estate license for the construction of educational land in private schools? Private schools can apply for real estate licenses in buildings with educational land.
But only if you own this land.
If it's just a user, you can't apply for a real estate license.
What about the ownership of educational land? The right to use state-owned construction land refers to the right to use state-owned land obtained according to law. The subject of state-owned land use right is very extensive. Any unit or individual, including overseas enterprises, institutions and individuals, who meet the conditions for using China's state-owned land according to law can become users of China's state-owned land.
The right to use state-owned land is of great significance. As the owner of state-owned land, the state does not directly use the land, but uses it by specific units and individuals. Part of the income right of state-owned land is realized by land users, and part of it is realized by the state through the collection of land use tax (fee) and paid transfer of land use right. It refers to the right of use and income enjoyed by civil subjects to state-owned land according to law.
Can the property on the educational land be registered as mortgage? Real estate on educational land cannot be registered as mortgage.
Article 37 of the Guarantee Law stipulates that educational facilities, medical and health facilities and other public welfare facilities of schools, kindergartens, hospitals and other institutions and social organizations shall not be mortgaged.
Article 8 of the Measures for the Administration of Urban Real Estate Mortgage stipulates that real estate used for public welfare undertakings such as education, medical care and municipal administration shall not be mortgaged. Article 53 of the Supreme People's Court's Interpretation of the Guarantee Law stipulates: "If schools, kindergartens, hospitals and other public welfare institutions, educational facilities of social organizations, medical and health facilities and other public welfare facilities are mortgaged with their own debts, the people's court may determine that the mortgage is valid. "This judicial interpretation limits the scope that the people's court can determine the effectiveness of mortgage to" property other than educational facilities, medical and health facilities and other social welfare facilities "and can only set mortgage for its own debts. In fact, the Supreme People's Court's judicial interpretation clearly distinguishes educational facilities, medical and health facilities and other social welfare facilities from those belonging to schools and hospitals. Therefore, property other than educational facilities, medical and health facilities and other public welfare facilities can be mortgaged. However, it should also be noted here that one condition must be met, that is, you must set a mortgage for your own debts, and you are not allowed to provide guarantees for others' debts. This is because if the school property is mortgaged for others' debts, the mortgaged school property will face the risk of being occupied by others, which is contrary to the purpose of running a private school. Schools, kindergartens, hospitals, etc. aim at public welfare. The purpose of these three regulations is to ensure the safety and stability of the property of public welfare institutions such as hospitals and schools, so as to protect the interests of the public.
Is the basement a commercial house? Whether the basement can be recognized as a commercial house depends on whether it has legal property rights. Some basements have separate property rights and can be bought and sold freely, so they can be classified as commercial houses. The basement, signed as an annex to the contract, is also a property right, and it is a commercial house. Only the main house can be used as an accessory for trading. All commercial housing is to sign a commercial housing sales contract under the Housing Authority system.
Basements and underground garages in many communities have no property rights, and they do not sign commercial housing sales contracts as affiliated houses. The owner buys the right to use from the developer. However, this situation is difficult to define, because according to the provisions of the Property Law, this kind of similar property ownership belongs to all residents of the community and does not belong to developers. It's just that the national conditions are like this now, so you can preset it.
Is the "reformed house" a commercial house? Not counting commercial housing, housing reform is the product of public housing reform. In the past, the land nature of public houses was allocated by the state free of charge, which was contrary to ordinary commercial houses. The land for commercial housing is acquired by means of transfer.
Commercial housing rose in China in 1980s. It refers to the houses operated by qualified real estate development companies (including foreign-invested enterprises) after obtaining the land use right through transfer, and all of them are sold at the market price. Its price consists of cost, tax, profit, collection fee, location, level, orientation, quality and material price difference. In addition, from a legal point of view, commercial housing refers to all kinds of commercial housing that can be traded freely in the market according to laws, regulations and relevant regulations and are not restricted by the * * * policy, including new commercial housing and existing housing (stock housing).
Educational land Educational land cannot be used for the construction of commercial housing. Can't apply for house property certificate. But in real life, you can build a house anywhere without any risk. The key is to stand up.
Nature of Private Education Land According to the Provisional Regulations on Assignment and Transfer of Urban Land Use Rights in People's Republic of China (PRC), land use is divided into commercial land, residential land, industrial land and scientific, educational, cultural and health land.
Land use rights transfer contracts or land allocation decisions restrict land use. The Regulations on the Implementation of the Land Management Law also stipulates that land users shall not change their land use at will. If it is really necessary to change the use, it shall obtain the consent of the original transferor, adjust the transfer fee of the land use right, and re-sign the land use right transfer contract. "Urban Real Estate Management Law" also stipulates this article, and at the same time, in the urban planning area, it is necessary to obtain the consent of the urban planning management department. Otherwise, it is illegal land use.
Furthermore, the land for science, education, culture, health and sports belongs to public welfare undertakings, and is generally supplied by administrative allocation, while the commercial and residential land belongs to the nature of commercial housing and should be supplied by allocation.
What is the relationship between the real estate license of commercial housing and the homestead? There is no relationship between the two. The real estate license of commercial housing refers to the city, and the homestead refers to the countryside. The specific differences are as follows:
1. The real estate license is the certificate that the property buyer obtains the legal ownership of the house through the transaction, and can exercise the right of possession, use, income and disposal of the purchased house according to law. That is, the "House Ownership Certificate" is the legal certificate for the state to protect the ownership of houses according to law. Proof that the owner manages and uses his own house. Property ownership certificate includes house ownership certificate and house ownership certificate. Generally speaking, the real estate license is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.
2. Homestead refers to the collectively owned land occupied and used by rural farmers or individuals as a living base. Including built houses, built houses or decided land for building houses, built houses, built houses without roofs or uninhabitable land, and planned land for building houses. Homestead ownership belongs to rural collective economic organizations.