MySheen

The five ministries and commissions include farm houses in the registration of real estate, and the interests contradict each other.

Published: 2024-11-06 Author: mysheen
Last Updated: 2024/11/06, Xinhua News Agency, AP the Ministry of Land and Resources announced on the 10th jointly issued by the Ministry of Land and Resources, the Ministry of Finance, the Ministry of Housing and Urban-Rural Development, the Ministry of Agriculture and the State Forestry Administration on further accelerating the registration and certification of the right to the use of residential land and collective construction land.

According to Xinhua Agency, the Ministry of Land and Resources announced on the 10th the "Notice on Further Accelerating the Registration and Issuance of Homestead and Collective Construction Land Use Rights"(hereinafter referred to as the "Notice") jointly issued by the Ministry of Land and Resources, the Ministry of Finance, the Ministry of Housing and Urban-Rural Development, the Ministry of Agriculture and the State Forestry Administration, clearly incorporating the registration and issuance of homestead and collective construction land use rights into the implementation process of the unified real estate registration system. It is emphasized that the property rights foundation should be laid for the establishment of a unified urban and rural construction land market.

The Circular clearly states that the goal of the registration and certification of homestead and collective construction land use right is to incorporate buildings and structures on collective construction land such as farmhouses into the scope of registration and certification of homestead and collective construction land use right under the premise of implementing the unified registration system of real estate, basically realizing unified investigation, unified registration and unified certification. This is the first time that the relevant departments have jointly issued a document since the State Council agreed to establish the inter-ministerial joint conference system for real estate registration, clearly stating the importance of the unified registration of real estate in urban and rural areas.

According to introduction, in the homestead and collective construction land use right registration and certification work will farm houses and other collective construction land buildings, structures will be included together, help to establish and improve the real estate registration system, form a real estate registration system covering urban and rural premises, improve the administrative efficiency and supervision level of the government, avoid increasing the burden on the masses, reduce duplication of construction and waste of funds. The relevant person in charge of the Ministry of Land and Resources pointed out that the Third Plenary Session of the 18th CPC Central Committee put forward the requirements of establishing a unified urban and rural construction land market, reforming and perfecting the homestead management system, and promoting the registration and certification of right confirmation is the property right foundation and legal guarantee for realizing these reform goals, which is of great significance to farmers 'basic property rights.

The Circular requires speeding up rural cadastral survey in an all-round way, determining survey methods and accuracy according to local conditions, avoiding "one size fits all", and further refining and perfecting relevant policies and technical standards in view of actual problems in the province. To maintain illegal rural homestead and collective construction land must go through the land approval procedures according to law before registration and certification can be carried out. Local governments should incorporate the funds for the registration and certification of rights into the financial budget in accordance with the requirements of Document No. 1 issued in 2013 and 2014, so as to effectively ensure the work.

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Interest Group Conflict is an Obstacle to "Great Unity"

At present, the reform of unified registration of real estate, which is highly concerned by the whole society, is often narrowly understood as the reform of urban real estate problems such as "unification of real estate" or real estate tax. In fact, the largest real estate in our country is in rural areas. For many years, professionals studying real estate issues have had the image of "great unification" and "small unification." To put it simply, tinkering under the multi-headed management structure of various departments is "small unification"; completely breaking the multi-headed management plan and truly realizing the unified reform of urban and rural areas is "great unification".

In essence,"small unification" should maintain the pattern of urban-rural division. Real estate on urban state-owned land is one stall, and rural land such as mountains, rivers, forests and seas is another stall. At present, most of the obstacles encountered in accelerating the unified registration of real estate are, in the final analysis, some "small unified" interest groups or overt or covert conflicts. To put it bluntly, they just don't like to break the real estate management pattern of urban and rural dualization. The circular issued by the five departments will completely shatter the illusion of "small unification" of these interest groups.

 
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