Legal information

According to Weibo news from the Beijing Municipal Planning and Land Resources Management Commission, recently, the economicBeijingApproved by the government, jointly issued by Beijing Municipal Planning and Land Commission and Municipal Housing and Urban-Rural Development Commission"Relevant Opinions on Further Strengthening the Use of Collective Land to Build Rental Housing". Collective rental housing is a rental property (rental property) held collectively by farmers. It can be rented out to obtain income in accordance with the law, and it is not allowed to be sold to outsiders or rented for sale. The rent will refer to the surrounding housing rental market level, and long-term housing rental contracts are encouraged, but a single lease term shall not exceed 10 years. In terms of layout, it combines "three cities and one district" with industrial functional areas, and adheres to the principle of adjoining industrial parks, transportation hubs and new cities for layout and construction. In the five years starting from this year, Beijing will provide 1,000 hectares of collective land for the construction of collective rental housing.

Introduction

Recently, with the approval of the municipal government, the Municipal Planning and Land Commission and the Municipal Housing and Urban-Rural Development Committee jointly issued the "Relevant Opinions on Further Strengthening the Use of Collective Land for the Construction of Rental Housing" (Municipal Planning and Land Development [2017] No. 376, hereinafter referred to as the "Opinions"), which clarified the basic principles and policies and measures for the next stage of collective rental housing in our city.

In August this year, the Ministry of Land and Resources and the Ministry of Housing and Urban-Rural Development issued the "Pilot Plan for Using Collective Construction Land to Build Rental Housing", identifying the first batch of pilot projects to use collective construction land to build rental housing in 13 cities including Beijing. The "Opinions" released this time provide detailed regulations on the site selection conditions, application entities, operation models and application procedures for collective rental housing projects in our city.

1. Key points of the "Opinions" policy

1. Clarify the basic principles

The construction of collective rental housing projects should adhere to four basic principles, namely: the principle of compliance with planning, the principle of market connection, the principle of only renting but not selling, and the principle of safeguarding the rights and interests of farmers.

2. Strict project access conditions

The nature of the industry guarantees the long-term livelihood of farmers. Collective rental housing is a rental property (rental property) held collectively by farmers and can be rented out to obtain income in accordance with the law. It is not allowed to be sold to outsiders or leased for sale. Resolutely put an end to the disguised development and construction of houses with small property rights.

Residential design and supporting facilities ensure residents’ living environment.

Connect with the market to ensure the long-term operation of the project.

3. Reasonably select construction sites to promote job-housing balance

In terms of planning, it should comply with the overall land use plan and urban and rural planning.

In terms of supporting facilities, it has certain transportation and other supporting infrastructure and public service conditions.

In terms of layout, it combines "three cities and one district" with industrial functional areas, and adheres to the principle of being adjacent to industrial parks, transportation hubs and new cities for layout and construction.

In terms of implementation, overall consideration will be given to the process of village improvement and urban-rural integration.

4. Standardize project reporting entities

There are mainly three reporting entities:

In principle, town-level collective economic organizations will be the main body to handle relevant project establishment, planning, land use and other procedures in a unified manner.

Qualified village-level collective economic organizations can also serve as project application entities.

If a collective economic organization invests in land use rights and cooperates with a state-owned enterprise for development, the collective economic organization can be the subject of project application, or a new enterprise established can be the subject of application.

5. Standardize construction fund raising

Fund raising mainly includes four modes:

Own funds of rural collective economic organizations.

The urban housing security professional operation agency, the park management agency or the contracted leasing enterprise shall pay the rent.

Rural collective economic organizations use the expected income from construction land to apply for mortgage loans from financial institutions and obtain support from financial capital.

Rural collective economic organizations jointly develop and construct with state-owned enterprises through land use rights as shares and joint ventures. However, the shareholding ratio of collective economic organizations in newly established enterprises shall not be less than 51%, and minimum dividends shall be guaranteed.

6. Improve planning layout and house design

Residential design, rental housing land shall be planned and managed in accordance with urban residential land standards, and necessary educational, medical and other residential public service facilities shall be configured.

Market-oriented standards, house structure and area standards can be planned, designed and constructed in accordance with the actual situation of the region and in accordance with market demand.

Implement fully decorated finished product delivery.

7. Standardize the leasing model

Rent: The rental level of rental housing can take into account factors such as location, supporting facilities, market demand, etc., and refer to the surrounding market property levels to be in line with the housing rental market.

Lease term: Long-term housing lease contracts are encouraged, but a single lease term shall not exceed 10 years. Unless otherwise requested by the lessee, the term of a single lease shall not be less than 3 years; if the lessee requests a lease of 3 years or less, the leasing agency shall not refuse.

Connecting with public rental housing: Collective rental housing connects with market tenants, encourages collective renting as public rental housing, and allocates rent to families or talents who have registered for public rental housing. Those that are confirmed by the housing security management department to be included in the city's affordable housing financing plan can enjoy relevant preferential policies in accordance with regulations.

Encourage professional leasing operations. Encourage collective rental housing to be entrusted to professional operating companies for management and operation, and improve the standardization and professionalization level of rental business and property management.

8. Standardize project approval procedures

Approval of pilot implementation plan. The project applicant unit organizes the preparation of a pilot project implementation plan, and after the Municipal Planning and Land Commission takes the lead in organizing a joint review by the development, reform, construction, rural and other relevant departments, it is submitted to the municipal government for approval.

Project procedures approval. The applicant should apply to the competent departments of planning, land, development, reform and construction for project pre-examination, planning, project establishment, land use and other approval procedures. Among them, the approval procedures that can be handled simultaneously should be carried out simultaneously.

9. Strict project property rights management

If a collective economic organization is the reporting entity, the land use rights and house ownership involved in collective rental housing shall be owned by the farmer collective.

If the application is made by an enterprise jointly established by a collective economic organization and a state-owned enterprise, the land use rights and house ownership involved in the collective rental housing shall belong to the newly established enterprise.

Real estate rights certificates (including land use rights and house ownership) are issued as a whole for the project, and unit property rights certificates will not be issued separately.

The certificate of rights should indicate that it is only used for the construction and operation of rental housing. Without approval, it may not be transferred, transferred, sublet, sold, or the land use may be changed.

10. Strict supervision of housing construction

The construction of collective rental housing projects shall be subject to public bidding in accordance with the law, and the planning and design plans shall be reviewed by experts.

The building structure and ancillary facilities and equipment shall comply with the relevant laws and regulations of the country and this city, and comply with relevant safety requirements.

The construction and planning administrative departments of the districts where collective rental housing projects are located shall conduct quality and safety supervision and management in accordance with the law, and conduct key supervision on aspects involving structural safety, use functions, visual quality, and building energy conservation.

11. Strict tax collection and management

The municipal finance department, local tax department, and national tax department shall collect and pay according to the law based on the characteristics of the housing rental industry and in conjunction with relevant national support policies.

2. Supply 1,000 hectares of collective rental housing land within five years

In 2017, in accordance with the arrangements of the municipal party committee and the municipal government, our city planned to supply 1,000 hectares of collective land within five years from 2017 to 2021 for the construction of collective rental housing. The average annual land supply task is about 200 hectares. Currently, the Municipal Planning and Land Commission is working with relevant departments to actively promote the preliminary land use work for collective rental housing projects to ensure the completion of this year's land supply tasks.

Our city's launch of the supply of 1,000 hectares of collective rental housing land is an important measure to implement the central government's important positioning of "houses are for living, not for speculation" and the "Beijing Urban Master Plan (2016-2035)" on establishing a housing system that favors both renting and purchasing, and building a world-class harmonious and livable city. It is an important way to accelerate the supply-side structural reform of our city's real estate market and solve issues such as regional job-housing balance.

1. Conducive to broadening the construction channels for rental housing

Rural collective economic organizations use collective land to build rental housing, actively become one of the main subjects of urban construction, increase the way for collective land to participate in urban construction as a production factor, become a useful supplement to state-owned construction land for the construction of affordable housing, and help alleviate the land supply pressure for affordable housing construction.

2. Conducive to promoting intensive and economical use of collective land

Through centralized and contiguous development and construction, advance planning and planning in terms of construction type, land scale and spatial layout, etc., and optimizing the land structure and spatial layout will help improve the level of intensive and economical use of land, promote the scale and intensification of land use, and solve problems such as inefficient land use, more illegal construction, and disordered management in the urban-rural fringe.

3. Conducive to promoting the optimization and upgrading of collective industrial structure

Under the premise of complying with the plan, collective economic organizations will use their own collective construction land to build rental properties intensively, and operate them in a standardized and orderly manner under government supervision, so that rural areas in the urban-rural fringe area can be upgraded from a "tile economy" of disorderly rent collection to a standardized, legal, leasing-based "building economy", which will help promote the optimization and upgrading of rural collective industries and drive regional economic development.

4. It is conducive to farmers’ sense of gain from implementing reform pilots

Rural collective economic organizations obtain long-term and stable operating income by collecting rents from collective rental housing, allowing farmers and rural collective economic organizations to realize the economic and social benefits of collective land to a greater extent without losing land, which is conducive to ensuring the long-term livelihood of farmers and helping farmers achieve a stronger sense of gain.