Land expired free of charge to the public interest

Shanghai municipal Planning and land and resources administration: "Resumption of land free of charge" for the public interest needs land south, according to the Xinmin Evening News reported recently, a media report, the 2011 Shanghai Land Exchange Market, but its first shot ending, but its "state-owned construction land use right to transfer the pre-application notice", the treatment method after the expiry of the " The transferor is free to withdraw.　　This "unprecedented" rule, once reported immediately caused by the industry and consumers of great controversy.　　January 17, the Shanghai Municipal Planning and land and Resources Administration issued a notice on its official website, responding to the "free resumption", said that the land transfer period expires, land users to apply for renewal, because the public interest needs have not been approved, by the transferor free recovery. Prerequisite conditions for free resumption of the term of office of Shanghai Bureau of Planning and Land 2010 2nd pre-Application notice most plots of the "state-owned construction land use right to transfer pre-application notice" (hereinafter referred to as "the pre-application notice"), "after the expiration of the land treatment methods" are "the transferor to recover and compensate the corresponding residual value" or "the transfer of free recovery."　　These rhetoric caused heated discussion in the industry because it appeared to contradict the relevant provisions of the property law. The Shanghai Bureau of Planning and Lands explained in the notice that "the method of disposal of the land use right of state-owned construction", article 9th of paragraph (ii), "treatment after the expiry of the lands", is for the "Shanghai state-owned construction land use rights transfer contract," the content of the 28th of the transfer period expires, the land user application for renewal is not approved,　　The manner in which the buildings, structures and ancillary facilities on the ground are treated.　　In other words, although the "notice of Advance Application" only "the transfer of the person to recover and compensate the corresponding residual value" or "the transfer of free return" such words, but in fact, the implementation of these provisions are conditional. "Shanghai Municipal state-owned construction land use right transfer contract" 28th stipulates "The land assignment period expires, the land user application renewal, because the social public interest needs not to obtain the approval, the land user should return the state-owned land use certificate, and according to the stipulation processing state-owned construction land use right cancellation registration, The use right of state-owned construction land is withdrawn by the transferor. The assignor and the land user agree to the buildings on the ground under this contract, the structure and its ancillary facilities shall be performed as agreed: (a) The transferor shall recover the ground buildings, structures and ancillary facilities, and give the land users corresponding compensation in accordance with the residual value of the buildings, structures and ancillary facilities on the ground at the time of resumption; (b) The transferor shall recover the ground buildings, structures and ancillary facilities free of charge.　　"In view of this, when the land lease expires, if the land user is to renew, he or she will have to apply for it to continue using the site." There is another provision that causes hot debate. However, from the provisions listed in the notice, there seems to be an exception to a class of plots. According to the 27th article mentioned in the notice, "the term of use right of residential construction land expires, automatic renewal."　　"This provision has caused some discussion in the industry." The reporter consulted the Shanghai regulation Earth yesterdayBureau of the 2010 2nd pre-Application notice of several residential plots, such as the Ledou Road 8th, a block, the expiration of the processing methods are "the transfer of the person to recover and compensate the corresponding residual value" expression. It was pointed out that "from the content of the provisions, 28th seems to be the supplementary of the 27th article, then, the 27th provisions of residential construction land tenure expires, automatic renewal, the residential land is not applicable to the" after the expiry of the treatment method '? "Another market analyst pointed out that in rule 27th," in addition to the need to recover the land under this contract in accordance with the public interest, the transferor shall approve "and" the term of use of the right to use land for residential construction expires, automatic renewal of the two belong to the same relationship, if the housing construction land appears "social public interest needs", Which one should be taken into account and not explicitly stated. "I think the public interest needs to be the first, so that the homestead is not fully automatic renewal," the notice of the interpretation is not contradictory.　　"For the renewal of residential land, the property Law promulgated in 2007 stipulates that the automatic renewal of the term of tenure of residential land use right period expires, and the renewal period after the expiry of non-domestic construction land use right shall be handled according to the law." In any case, the current information available to the market is the "pre-application Notice", is not the final contract with the developer signed the transfer. From the Shanghai Bureau of Planning to clarify the "notice" to see, perhaps "the land after the expiration of the treatment method" only play an external role, the land transfer contract will make "the transfer of the person to recover and compensate the corresponding residual value" or "the transfer of Free return" such detailed treatment, still need to answer.