Generally speaking, land for public facilities cannot be mortgaged. According to Chinese laws, the property that cannot be mortgaged includes land ownership, cultivated land, homestead, private plots, private hills and other collectively owned land use rights, land for social welfare facilities, disputed property with unknown ownership or use rights, property sealed up or detained according to law or other property that cannot be mortgaged according to law. Land for public facilities is generally acquired by allocation, and the land transfer fee cannot be mortgaged without payment.

legal ground

Article 399 of the Civil Code

The following properties shall not be mortgaged:

(1) Land ownership;

(two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law;

(3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions;

(4) Property whose ownership and use right are unknown or controversial;

(5) Property that has been sealed up, detained or supervised according to law;

(6) Other properties that may not be mortgaged according to laws and administrative regulations.