Real estate perspective: interpretation-the use of collective operating construction land to develop affordable rental housing.
Published:
2021-11-23
In order to effectively improve the housing conditions of people with household registration difficulties in cities and towns, and solve the housing difficulties of new citizens, young people and other groups, we are gradually accelerating the improvement of the housing security system with public rental housing, affordable rental housing and shared property housing as the main body. Concept of 1. indemnificatory rental housing On June 24, 2021, the General Office of the State Council issued the "Opinions of the General Office of the State Council on Accelerating the Development of Affordable Rental Housing" (Guo Ban Fa [2021] No. 22), which explained the concept of affordable rental housing from the legal and policy levels. Affordable rental housing refers to the housing that the government organizes construction or raises through other means to rent out to eligible urban families or individuals with housing difficulties. Affordable rental housing mainly solves the housing difficulties of eligible new citizens, young people and other groups. It is mainly small households with a construction area of no more than 70 square meters, and the rent is lower than the rent of rental housing in the same area and quality market. 2., the State Council and Shandong Province have successively issued documents allowing collective operating construction land to be used for the development of affordable rental housing. On June 24, 2021, the General Office of the State Council issued the "Opinions of the General Office of the State Council on Accelerating the Development of Affordable Rental Housing" (2021 No. 22), which proposed that "large cities with net population inflow and cities determined by the provincial people's government, on the basis of respecting the collective wishes of farmers and with the consent of the urban people's government, can explore the use of collective operating construction land to build affordable rental housing; support should be given to the use of collective operating construction land in urban areas, close to industrial parks or areas with convenient transportation to build indemnificatory rental housing; rural collective economic organizations can build and operate indemnificatory rental housing through self-construction, joint venture, shareholding, etc.; the right to use collective operating construction land for the construction of indemnificatory rental housing can be mortgaged." On November 16, 2021, the General Office of the People's Government of Shandong Province issued the "Implementation Opinions of the General Office of the People's Government of Shandong Province on Accelerating the Development of Affordable Rental Housing" (Lu Zheng Ban Fa [2021] No. 17), which proposed that "Jinan, Qingdao and other large cities with a net inflow of population should focus on new citizens and young people, give priority to physical security and pay equal attention to rental subsidies, make use of resources such as collective operating construction land, supporting land for industrial parks, idle land owned by enterprises and institutions, idle houses in non-residential stock, and newly supplied state-owned construction land, actively support specialized large-scale housing leasing enterprises, and multi-point layout to drive the whole area. Vigorously develop affordable rental housing, and strive to achieve a balance between work and housing." Relevant regulations of Jinan City, 3. On October 13, 2021, the General Office of the Jinan Municipal People's Government issued the ''Jinan City Collective Construction Land Management Measures (Trial) ''(JZBF [2021] No. 21), although JZBF [2021] No. 21 Article 5 stipulates that collective construction land can be used for major (key) projects such as affordable public rental housing determined by the people's government at or above the county level, however, Article 12 of Chapter III" Collective operating construction land entering the market "stipulates that" collective operating construction land refers to collective construction land that is determined by land and space planning (overall land use planning, urban and rural planning) as industrial storage, commerce, tourism, entertainment and other operational uses, and registered for land ownership in accordance with the law." Document No. 21 of the Economic Administration Office [2021] does not directly stipulate in the chapter "Collective operating construction land entering the market" that collective operating construction land can be used to develop affordable rental housing. According to Article 8 of the document, it is intended to guarantee Public rental housing is included in the approval of collective construction land use rights. However, Lu Zhengban Fa [2021] No. 17 has made it clear that Jinan should use collective operating construction land to develop affordable rental housing. Since the national, provincial, and municipal regulations are not completely consistent, in practice, how should we master the use of collective operating construction land in the market? Our lawyers believe that from the time of issuance, the State Office issued document No. 22 [2021] in June this year, in November of the same year, the Shandong Provincial Government Office of the State Office issued document No. 22 [2021] detailed, and issued Lu Zheng Office issued document No. 17 [2021], the above documents are highly consistent in content, and actively explore the use of collective business construction land to build affordable rental housing, use resources such as collective operating construction land to actively support specialized large-scale housing rental enterprises, and vigorously develop affordable rental housing. Although Jinan's regulations on the use of collective construction land in the market are slightly different from those of the State Council and Shandong Province, the use of collective construction land to develop affordable rental housing is in the same line and complementary. Under the premise of meeting the requirements of document No. 22 issued by the State Office of the people's Government of China and document No. 17 issued by the Lu Zheng Office of the people's Government of Jinan City, collective operating construction land can be used to build indemnificatory rental housing, and relevant rural collective economic organizations can build and operate indemnificatory rental housing through self-construction, joint venture, shareholding and other means.
In order to effectively improve the housing conditions of people with household registration difficulties in cities and towns, and solve the housing difficulties of new citizens, young people and other groups, we are gradually accelerating the improvement of the housing security system with public rental housing, affordable rental housing and shared property housing as the main body.
Concept of 1. indemnificatory rental housing
On June 24, 2021, the General Office of the State Council issued the "Opinions of the General Office of the State Council on Accelerating the Development of Affordable Rental Housing" (Guo Ban Fa [2021] No. 22), which explained the concept of affordable rental housing from the legal and policy levels. Affordable rental housing refers to the housing that the government organizes construction or raises through other means to rent out to eligible urban families or individuals with housing difficulties. Affordable rental housing mainly solves the housing difficulties of eligible new citizens, young people and other groups. It is mainly small households with a construction area of no more than 70 square meters, and the rent is lower than the rent of rental housing in the same area and quality market.
2., the State Council and Shandong Province have successively issued documents allowing collective operating construction land to be used for the development of affordable rental housing.
On June 24, 2021, the General Office of the State Council issued the "Opinions of the General Office of the State Council on Accelerating the Development of Affordable Rental Housing" (2021 No. 22), which proposed that "large cities with net population inflow and cities determined by the provincial people's government, on the basis of respecting the collective wishes of farmers and with the consent of the urban people's government, can explore the use of collective operating construction land to build affordable rental housing; support should be given to the use of collective operating construction land in urban areas, close to industrial parks or areas with convenient transportation to build indemnificatory rental housing; rural collective economic organizations can build and operate indemnificatory rental housing through self-construction, joint venture, shareholding, etc.; the right to use collective operating construction land for the construction of indemnificatory rental housing can be mortgaged."
On November 16, 2021, the General Office of the People's Government of Shandong Province issued the "Implementation Opinions of the General Office of the People's Government of Shandong Province on Accelerating the Development of Affordable Rental Housing" (Lu Zheng Ban Fa [2021] No. 17), which proposed that "Jinan, Qingdao and other large cities with a net inflow of population should focus on new citizens and young people, give priority to physical security and pay equal attention to rental subsidies,Use of collective operating construction land, Industrial park supporting land, enterprises and institutions own idle land, non-residential stock of idle houses and new supply of state-owned construction land and other resources, actively support specialized large-scale housing rental enterprises, multi-point layout to drive the whole area, vigorously develop affordable rental housing, and strive to achieve a balance between work and housing."
Relevant regulations of Jinan City, 3.
On October 13, 2021, the General Office of the Jinan Municipal People's Government issued the ''Jinan City Collective Construction Land Management Measures (Trial) ''(JZBF [2021] No. 21), although JZBF [2021] No. 21 Article 5 stipulates that collective construction land can be used for major (key) projects such as affordable public rental housing determined by the people's government at or above the county level, however, Article 12 of Chapter III" Collective operating construction land entering the market "stipulates that" collective operating construction land refers to land and space planning (overall land use planning, urban and rural planning)Determined for industrial storage, commercial, tourism, entertainment and other operational purposes, and in accordance with the law for the registration of land ownership of collective construction land." Document No. 21 of the Economic Administration Office [2021] does not directly stipulate in the chapter "Collective operating construction land entering the market" that collective operating construction land can be used to develop affordable rental housing. According to Article 8 of the document, it is intended to guarantee Public rental housing is included in the approval of collective construction land use rights. However, Lu Zhengban Fa [2021] No. 17 has made it clear that Jinan should use collective operating construction land to develop affordable rental housing. Since the national, provincial, and municipal regulations are not completely consistent, in practice, how should we master the use of collective operating construction land in the market?
Our lawyers believe that from the time of issuance, the State Office issued document No. 22 [2021] in June this year, in November of the same year, the Shandong Provincial Government Office of the State Office issued document No. 22 [2021] detailed, and issued Lu Zheng Office issued document No. 17 [2021], the above documents are highly consistent in content, and actively explore the use of collective business construction land to build affordable rental housing, use resources such as collective operating construction land to actively support specialized large-scale housing rental enterprises, and vigorously develop affordable rental housing. Although Jinan's regulations on the use of collective construction land in the market are slightly different from those of the State Council and Shandong Province, the use of collective construction land to develop affordable rental housing is in the same line and complementary. Under the premise of meeting the requirements of document No. 22 issued by the State Office of the people's Government of China and document No. 17 issued by the Lu Zheng Office of the people's Government of Jinan City, collective operating construction land can be used to build indemnificatory rental housing, and relevant rural collective economic organizations can build and operate indemnificatory rental housing through self-construction, joint venture, shareholding and other means.
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