房地产开发
房地产开发必须严格执行城市规划,按照经济效益、社会效益、环境效益相统一的原则,实行全面规划、合理布局、综合开发、配套建设。
以出让方式取得土地使用权进行房地产开发的,必须按照土地使用权出让合同约定的土地用途、动工开发期限开发土地。超过出让合同约定的动工开发日期满一年未动工开发的,可以征收相当于土地使用权出让金百分之二十以下的土地闲置费;满二年未动工开发的,可以无偿收回土地使用权;但是,因不可抗力或者政府、政府有关部门的行为或者动工开发必需的前期工作造成动工开发迟延的除外。
房地产开发项目的设计、施工,必须符合国家的有关标准和规范。
房地产开发项目竣工,经验收合格后,方可交付使用。
依法取得的土地使用权,可以依照本法和有关法律、行政法规的规定,作价入股,合资、合作开发经营房地产。
国家采取税收等方面的优惠措施鼓励和扶持房地产开发企业开发建设居民住宅。
房地产开发企业是以营利为目的,从事房地产开发和经营的企业。设立房地产开发企业,应当具备下列条件:
(一)有自己的名称和组织机构;
(二)有固定的经营场所;
(三)有符合国务院规定的注册资本;
(四)有足够的专业技术人员;
(五)法律、行政法规规定的其他条件。
设立房地产开发企业,应当向工商行政管理部门申请设立登记。工商行政管理部门对符合本法规定条件的,应当予以登记,发给营业执照;对不符合本法规定条件的,不予登记。
设立有限责任公司、股份有限公司,从事房地产开发经营的,还应当执行公司法的有关规定。
房地产开发企业在领取营业执照后的一个月内,应当到登记机关所在地的县级以上地方人民政府规定的部门备案。
房地产开发企业的注册资本与投资总额的比例应当符合国家有关规定。
房地产开发企业分期开发房地产的,分期投资额应当与项目规模相适应,并按照土地使用权出让合同的约定,按期投入资金,用于项目建设。
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REAL ESTATE
DEVELOPMENT
Real estate
development
should be made
in strict
accordance with
the urban
developing plan
under an overall
planning,
rational layout,
comprehensive
development and
balanced
construction of
all facilities
to achieve an
integration of
economic, social
land
environmental
effect.
Those who have
obtained the
right of land
use through
lease for real
estate
development must
develop the land
in accordance
with the use and
term as
prescribed by
the contract for
the land use.
When the
development has
not started one
year later than
the date for
starting the
development as
prescribed by
the contract, an
idle land fee
less than 20
percent of the
lease fees for
land use may be
collected and
when the
development has
not started two
years later, the
right to use the
land may be
taken back
without any
compensation,
except that the
delays are
caused by force
majeure, the
activities of
government or
governmental
departments, or
the necessary
preparatory work
for starting the
development.
The design and
construction of
a real estate
development
project must
comply with the
State relevant
standards and
norms.
After its
completion, a
real estate
development
project must be
inspected and
accepted before
it can be put
into operation.
The right to
use a land
obtained in
accordance with
the law may be
evaluated to be
turned into
shares for a
joint equity of
cooperative real
estate venture
in accordance
with this law,
the relevant
laws and
administrative
decrees.
The State
adopts
preferential tax
and other
measures to
encourage and
support real
estate
development
enterprises to
develop and
build
residential
buildings.
A real estate
development
enterprise shall
mean an
enterprise
engaged in
development and
operation of
real estate for
the purpose of
profit. The
establishment of
a real estate
development
enterprise shall
have the
following
conditions:
(1) Its own
name and
organization;
(2) A fixed
site for
business
operations;
(3)The
registered
capital
complying with
provisions of
the State
Council;
(4) Sufficient
professionals
and technicians;
and
(5) Other
conditions
prescribed by
the law and
administrative
decrees.
To establish a
real estate
development
enterprise, a
registration
should be made
with the
Administration
for Industry and
Commerce. The
Administration
for Industry and
Commerce shall
handle
registration
procedures of
those which
comply with
conditions as
prescribed by
this law and
issue licenses
to them; and
refuse to handle
registration
procedures of
those which do
not comply with
conditions
prescribed by
this law.
Those which
establish a
limited
liability
company or
limited stock
company to
engage in real
estate
development and
operations shall
also execute the
relevant
provisions of
the Corporate
Law.
A real estate
enterprise shall
report for
record to a
department
designated by
the people’s
government above
county level
where the
registration
department is
located within
one months after
obtaining the
license.
The ratio
between the
registered
capital and the
total investment
of a real estate
enterprise must
comply with the
relevant State
provisions.
When a real
estate
enterprise
develops a real
estate project
in phases, the
amount of
investment in
each phase shall
suit the project
scale of that
phase and, in
accordance with
the provisions
of the contract
for the lease of
the right to use
land, funds
shall be put
into
construction on
schedule. |