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The tip of the iceberg of Yanjiao's "lost clan" incident: the hidden rules of land index overdraft
A land researcher told reporters that the land chaos in Yanjiao is not a case. Behind it are mainly illegal abuse of land indicators or early overdraft. "The development of commercial housing in sanhe city is so large that it is obviously impossible to have so many residential land indicators."

A WeChat group called "Losers-Large Groups Waiting for Exile" has quickly gathered 500 people. Group friends are basically owners of housing property rights in Yanjiao Town, sanhe city City, Hebei Province.

Parcel is the basic unit of land registration and cadastral survey. Property falling into the parcel is to generate a unique real estate unit code by establishing the relationship between the house and the parcel where it is located. A basic principle of exile is that the nature of buildings on the ground and the nature of land use must be the same. For example, the land is a commercial land with 50-year property rights, but the buildings on the ground are commercial houses with 70-year property rights, which is judged to be inconsistent.

The problem of "falling families" involved about a dozen commercial housing communities in Yanjiao, and the incident quickly fermented within two months. In view of the problems of shrinking real estate registration property rights, inability to transfer ownership and inability to settle down in several communities in Yanjiao, Hebei Province, the latest statement of Minister of Land and Resources Jiang Daming is, "It is being solved now. By understanding the historical situation and improving the procedures, some houses have been registered. It is estimated that this problem will be solved in a short time. "

On February 7th, there was a breakthrough in Yanjiao's falling clan incident. An owner of the fifth phase of Fucheng has successfully registered the real estate and obtained the certificate.

Waiting for "falling Sect"

The Ministry of Land and Resources said that it attaches great importance to this. Considering the historical objectivity and actual situation, the Ministry of Land and Resources has sent people to understand the situation while inviting local investigations. A solution will be proposed after understanding it clearly.

However, the owners in Yanjiao who are waiting for the "falling Sect" are still very anxious.

The large-scale problem of "falling out of the clan" in Yanjiao began with the unified registration of real estate in sanhe city. According to the Announcement of sanhe city Bureau of Land and Resources on Relevant Matters Concerning the Implementation of Unified Registration of Real Estate, Sanhe integrated the real estate registration responsibilities of the whole city, such as land registration, house registration and forest land registration, into sanhe city Bureau of Land and Resources from 20161,and established sanhe city Real Estate Registration Center to undertake the specific business of real estate registration in sanhe city. According to the principle of "unchanged", all kinds of real estate ownership certificates obtained according to law continue to be valid, the rights remain unchanged, and the certificates are not replaced. When the obligee handles the registration of real estate such as change registration and transfer registration according to law, it shall issue a new certificate of real estate ownership.

It is in the process of replacing the certificate of immovable property rights that a large number of households find that the construction land recorded in the 70-year-old house registration is not residential land, some are industrial land, some are green land, and some are illegal land.

According to the list provided by the owner, it currently includes Sweet City in Seoul, Area A of Meilinwan in Yanjiao, Electronic City (600658, Guba) Community, Metallurgical Community, Yanling West District, Tian Zi Manor Phase III, Fucheng Phase V, Fucheng Phase II, China Construction Second Bureau, Geological and Mineral Family Building Community, Golf Apartment, Oriental Royal View, Yanchao Home, Yan Xin Community, Shougang Community, Zizhuyuan and so on. According to the regulations, if the house cannot be settled, it is not allowed to conduct business transactions, apply for mortgage loans from banks, or inherit property.

Illegal chaos is complicated.

The problem of "falling into the clan" may be just the tip of the iceberg of Yanjiao's illegal land use chaos. There are also other problems of violating the law and discipline.

An owner of Yanling West District told the reporter that in addition to the non-uniform nature of the land, some residential areas in Yanjiao also involved problems such as vague property rights information of real estate licenses. "Some people's real estate licenses indicate the years of property rights, while some people's real estate licenses have no years. We have also reflected this issue to Vice Mayor sanhe city. The feedback from the deputy mayor is that the Housing Authority's handling (procedures) at that time may be irregular and the government will be held accountable. "

The above-mentioned owners are also worried that at present, some commercial housing communities in Yanjiao involve illegal construction land, that is, collective land is illegally built and sold, that is, "small property houses". "In this part, do we need to pay the land transfer fee? But who will bear the transfer fee? "

Over time, I am afraid that accountability is also a problem. The purchase materials provided by the owner of Oriental Yujing to reporters show that the commercial housing sales contract signed by the owner and the developer is marked as 70-year property right, and the pre-sale permit of commercial housing is residential in nature. However, when inquiring about the developer named "Sanhe Yanjiao Development Zone Real Estate Development Co., Ltd.", the reporter found that this company, which was established on June 28, 2000, was revoked its business license on June 28, 2006 because it failed to attend the annual inspection on time.

Regarding the problem of not being able to settle down, except Yanjiao, the reporter found that there are similar problems in Gaocheng District of Shijiazhuang, Zhengding County (real estate), and some communities in Cangzhou (real estate), Handan (real estate) and Xinle City of Hebei Province. On the online political platform in Hebei, ordinary families in Shijiazhuang are also reflecting the situation that houses cannot be settled. Xinle City Land and Resources Bureau clearly stated in its reply that "after investigation and verification by the real estate registration center, the relevant land procedures of the community were not found and it was impossible to settle down."

Indices of land abuse

A land researcher told reporters that the land chaos in Yanjiao is not a case. Behind it are mainly illegal abuse of land indicators or early overdraft. "The development of commercial housing in sanhe city is so large that it is obviously impossible to have so many residential land indicators."

Real estate analysts believe that behind the land chaos in Yanjiao is the problem of land indicators. "Every year, the country will determine the development intensity index according to the five-year development plan, and determine the development amount according to the development index and the red line index of 65.438+08 billion mu of land. For example, the index of sanhe city is about 150-200 hectares per year. The proportion of general residential land is only 10%- 15%. This is the need of social development coordination. In addition, the proportion of land managed by public institutions such as education and hospitals is generally 15%-20%, which exceeds the proportion of residential land. Yanjiao doesn't need so much industrial or commercial land at all, but it has a strong demand for residential land. Therefore, the local government will make up the ticket after getting on the bus first, and change some non-residential attributes into residential attributes in advance, and then change them later. "

The reporter's investigation found that overdraft or abuse of land indicators in advance is more common throughout the country.

According to Shen Kaiju, deputy dean of the Law School of Zhengzhou (Real Estate) University and member of the Standing Committee of the Henan Provincial Committee of the Democratic Progressive Party, since 20 1 1, there has been no reserve for the balance index of cultivated land occupation and compensation in Zhengzhou. The balance index of cultivated land occupation and compensation in that year was about 1 10000 mu, and the city's annual gap was about 80,000 mu. On the index of construction land, it has even begun to make ends meet. According to Shen Kaiju's investigation, the construction land index of 20 10 and 20 10 in Zhengzhou is 7500 mu, and the actual land of 20 10 in Zhengzhou is 18 mu. That is to say, even if 20 1 1 no longer uses 1 mu of land, there are still 1 ten thousand mu of construction land indicators. According to local media reports in Henan, the land use index of some counties in Xinxiang (real estate) has been overdrawn from 20 13 to 2020.

The land index of Zhongshan (real estate) has long been "overdrawn" after 2020. The serious "overdraft" of land has become the core factor restricting the development of industrial industry and the landing of key construction projects in Zhongshan, and even the dilemma of "projects without land" has appeared.