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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。

 

 

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.