To further implement Measures for Disposal of Idle Land (No. 53 Order of the Ministry of Land & Resources, hereinafter referred to as “No. 53 Order”), idle land in Beijing shall be disposed, with the announcement of relevant issues described below:
I. Definition of idle land
According to relevant regulations of No. 53 Order, idle land refers to state-owned construction land not developed by the state-owned construction land use right holder after one year from the development date as agreed and as specified in the contact for paid use of state-owned construction land use right or transfer decision.
State-owned construction land that is developed for less than 1/3 of total building area to be developed or invested for less than 25% of total investment and is subject to development suspension for over year can also be regarded as idle land.
II. Survey on idle land
Idle land shall be surveyed and checked within 30 days if found by competent MLR authorities, and Notice of Idle Land Survey shall be issued to the state-owned construction land use right holder.
The state-owned construction land use right holder shall provide such information as land development & use, reasons for idling and relevant descriptions within 30 days upon receipt of Notice of Idle Land Survey.
The competent MLR authorities shall perform idle land survey duty, and can adopt following measures: Inquiring the parties and other witnesses; conducting site investigation, taking photos and videos; looking up and copying land data related to the person that is surveyed; asking the person that is surveyed to make a statement to relevant land rights and uses.
III. Identification of reason for idling
In case of following situations that are caused by the government and governmental authority, resulting in land idling, the state-owned construction land use right holder shall provide explanatory materials such as reasons for land idling to competent MLR authorities. The situation that is identified to be true through joint idle land identification meeting of the government is regarded as the government’s reason.
1. The project development can not be started due to failing to delivering land to the state-owned construction land use right holder within/according to time limits/ conditions as agreed and as specified in the contact for paid use of state-owned construction land use right t or transfer decision.
2. The state-owned construction land use right holder fails to develop the project according to the uses and planning & construction conditions as agreed and as specified in the contact for paid use of state-owned construction land use right t or transfer decision due to law-based modification of overall planning for land use and urban & rural planning.
3. The planning & construction conditions as agreed and as specified needs to be modified due to relevant policies released by the state;
4. Fail to develop the project due to handling of public petition on land disposal;
5. Fail to develop the project due to military control and cultural relics protection, etc.
6. Other behaviors of government and governmental authority.
IV. Disposal of idle land
Land idling not caused by government’s reasons shall be disposed according to following methods: where the commencement of a construction project on such land has been overdue for more than one year, the competent MLR authorities shall, upon approval by the people’s government at such level, issue a Letter of Decision on Levying Land Idle Fee to the state-owned construction land use right holder, and collect land idle fee as per twenty percent of the purchase price of the assigned or allocated land; The idle land fee shall not be included in product cost; where the commencement of a construction project on such land has been overdue for more than two years, the competent municipal or county bureau of land and resources shall, upon approval by the municipal or county people’s government, issue a Letter of Decision on Recovering the State-Owned Construction Land Use Right to the holder of such right to recover the right without compensation. If the idle land is mortgaged, the content shall be copied to related land mortgage right holder.
Land idling caused by government’s reasons shall be disposed by selecting following methods through negotiation with the state-owned construction land use right holder: The first one is to extend development period; the second one is to adjust land uses and planning conditions; the third one is to use temporarily according to the governmental arrangement; the fourth one is recover state-owned construction land use right with compensation through negotiation; the fifth one is land replacement; the sixth one is to specify other disposal methods by competent MLR authorities according to actual conditions.
The state-owned construction land use right holder shall pay idle land fee in accordance with the provisions within 30 days upon receipt of Letter of Decision on Levying Land Idle Fee, and handle cancellation of registration of state-owned construction land use right at competent MLR authorities and return land right certificate within 30 days upon receipt of Letter of Decision on Recovering the State-Owned Construction Land Use Right. The state-owned construction land use right holder can apply for administrative reconsideration or initiate an administrative lawsuit by operation of law if refusing to obey Letter of Decision on Levying Land Idle Fee and Letter of Decision on Recovering the State-Owned Construction Land Use Right. For failing to apply for administrative reconsideration or initiate an administrative lawsuit or fulfill relevant obligations, the competent MLR authorities can directly cancel state-owned construction land use right registration and land right certificate by issuing announcement or request the people's court to enforce them in accordance with the law.
Hereby released!
Beijing Municipal Bureau of Land and Resources
December 30, 2015
