CCTV News:I bought a house, but I couldn’t get a property right certificate and couldn’t prove that the house was my own. Such a strange thing happened to 144 households in Runchengjiayuan, Min County, Dingxi City, Gansu Province. Then, why can’t these 144 households apply for property rights certificates?
Runcheng Jiayuan, located in the east of Min County, Gansu Province, was developed and constructed by Gansu Runyu Real Estate Development Group Company. There are 6 buildings in the residential area, among which buildings 1, 2 and 3 are multi-storey residential buildings facing the street, and buildings 5, 6 and 7 in the residential area are high-rise residential buildings with elevators. Most of the residents of these three high-rise residential buildings stayed around 2013 to 2014, and 144 of them bought houses with mortgage loans. At the beginning of check-in, when these 144 households wanted to apply for the property right certificate, the developer rejected them like this.
Residents of Runchengjiayuan in Min County:It’s said that you mortgage houses, and you have to pay back the money before you can get a property right certificate. At that time, we didn’t know much about it, and we thought what others said was reasonable. We didn’t have enough money here, so we certainly wouldn’t give you anything. We thought it was reasonable.
But in fact, according to the regulations, even households who buy houses with loans can apply for real estate certificates, but they need to be mortgaged in the bank after the documents are completed. So why do developers fabricate lies to deceive property buyers?
Wang Ping, General Manager of Gansu Runyu Real Estate Development Group Company: To tell the truth, it’s just dragging on until the formalities are completed.
So, what is the developer delaying? What are the procedures for the house that has been checked and accepted? Soon, users who bought a house in full and handled the property right certificate also found problems.
Residents of Runchengjiayuan in Min County:There was a business resident who went to get a mortgage, saying that our house could not get a mortgage.
After discovering the problem, the residents consulted the local authorities and got such an answer.
Residents of Runchengjiayuan in Min County:It is said that these high-rise buildings in the back are also over-sized, and the developers there occupied more area when they developed.
It turns out that about one-third of the land occupied by buildings 5, 6 and 7 has not obtained the legal land use right, so it is impossible to apply for the title certificate of immovable property.
The problem of land license for over-occupying 5.9 mu of land
It stands to reason that the state has strict regulations on the approval and use of land for commercial housing development. How is the land of Runcheng Jiayuan in Minxian County over-occupied? Is there any problem with the construction procedures of Runcheng Jiayuan? What’s wrong with this land? With one question after another, the reporter visited the relevant functional departments of Min County.
After investigation, the reporter learned that the land where Runcheng Jiayuan is located was originally a yard used by Runyu Company, the developer of Runcheng Jiayuan, to pile up building materials. Developed by Minxian County in 2008, Runyu Company obtained the right to use this plot by auction, and obtained the land use certificate on October 31st of that year, with the right to use an area of 9,155.57 square meters, for the construction of residential quarters. However, in 2017, when the local real estate registration department measured the actual land, it was found that the area of Runcheng Jiayuan did not match the area of the land use certificate.
Du Xiaozhong, Director of Min County Real Estate Registration Bureau:When surveying and mapping, we found that Runcheng Jiayuan occupied an area of over-occupied. The actual occupied area originally granted to Runyu Company was more than 7,000 square meters, but now it accounts for more than 10,000 square meters, an increase of more than 3,900 square meters, that is, 5.9 mu.
The reporter saw on a drawing of surveying and mapping Runcheng Jiayuan in July 2018 that the actual area of this community with legal use right was 7,637.64 square meters, which was inconsistent with the 9,155.57 square meters on the land certificate obtained by Runyu Company after it obtained the land use right. Why did the land area with the right to use shrink?
Hou Shaoping, Director of Minxian Real Estate Registration Center:In the process of development, a Minzhou East Road was planned in the county. At that time, when it was sold to Runyu Company, the boundary of the land was almost two or three meters away from the riverside. Finally, Runyu Company gave in when the county gave in to reunification. This map appeared after the concession, with an area of 7637, nearly 1500 square meters less than the original.
According to the Land Administration Law of the People’s Republic of China, the state may expropriate or requisition land and make compensation for it in the public interest.
Xie Xiaozhong, Director of the Housing and Urban-Rural Development Bureau of Min County:Transfer of land has to be handled according to transfer, either monetary resettlement or compensation for land.
However, Runyu Company did not ask for compensation after letting out the land that it had obtained the right to use.
Wang Ping, General Manager of Gansu Runyu Real Estate Development Group Company:No, we didn’t ask for it either. It is also appropriate for us to build a house and build a road ahead. After the road was completed, my building couldn’t be built, so I took part in the place of Taozhu cun.
Runyu Real Estate Development Group Co., Ltd. said that after giving up the construction land of Minzhou East Road, the construction of Runcheng Jiayuan Community moved eastward as a whole, but there was still not enough land for the construction of Buildings 5, 6 and 7, so it illegally occupied the collectively owned land without the right to use it.
In the investigation, the reporter found that the reason for illegal land occupation is not only the construction of public roads, but also the problems in the construction approval procedures of this community. In Minxian Housing and Urban-Rural Development Bureau, the reporter saw the earliest design drawings of this community. This drawing, which was drawn in August 2008, indicated that the design area of Runcheng Jiayuan was 11,971 square meters. On December 24, 2008, the then Minxian Urban-Rural Development Bureau issued a construction land planning permit for the project construction, and the permit showed that the project land area was also 11,971 square meters. Then, at that time, the developer only got the land use right of 9155.57 square meters. Why did it increase by 2816 square meters in the design drawings?
Xie Xiaozhong, Director of the Housing and Urban-Rural Development Bureau of Min County:We issue land use planning permits on the basis of two things, a certificate from the Land and Resources Bureau and a land certificate, which add up to exactly 11,971 square meters.
The reporter found that the basis for proving that Runyu Real Estate Development Group Company can own the land use right of 2,816 square meters more comes from a memo stamped with the official seal of Minxian Land and Resources Bureau, which shows that the land certificate of 2,816 square meters is being processed. At that time, Min County Urban and Rural Construction Bureau issued a construction land planning permit based on this note.
Reporter:What are the legal documents recognized in the land use planning permit?
Xie Xiaozhong, Director of the Housing and Urban-Rural Development Bureau of Min County:Land transfer contract, if he used to have his original land certificate, we will use his land certificate. If it is new land, it will definitely be obtained through transfer. He should have a land transfer contract.
Reporter:Is it legal for the Bureau of Land and Resources to give you a stamped note, strictly speaking?
Xie Xiaozhong, Director of the Housing and Urban-Rural Development Bureau of Min County:Strictly speaking, this should be illegal. In order to speed up the progress of this project, we have issued this certificate.
Due to the institutional reform, the functions of the former Minxian Land and Resources Bureau have been merged into the current Minxian Natural Resources Bureau, and the deposit of this memo has been lost, and the handlers cannot confirm it. In this way, Runyu Real Estate Development Group Company obtained a land use planning permit of 11,971 square meters with a land use certificate of 9,155.57 square meters and a "land certificate of 2,816 square meters is being processed", of which 9,155.57 square meters was occupied by urban road construction of 1,500 square meters. When the project was completed, there was no verification of the actual occupied land in the acceptance project of the housing and construction department, so 144 households were unable to apply for the property right certificate.
The developer has begun to pay the land transfer fee.
After finding the cause of the problem, we should start to solve it. What should be done with the land occupied by developers? When can 144 households get the property right certificate? Because the land occupied by Runcheng Jiayuan belongs to the collective, and according to Article 9 of People’s Republic of China (PRC) Urban Real Estate Management Law, the land owned by the collective in the urban planning area can be transferred to the state-owned land with compensation only after it is requisitioned according to law.
Du Xiaozhong, Director of Min County Real Estate Registration Bureau:The imperfect over-occupied area, 5.9 mu, was first submitted for approval, and it was submitted for approval from the collective construction land to the state-owned construction land.
The reporter saw that the Dingxi Municipal People’s Government’s land requisition document showed that the collective land of Taozhu cun, which was occupied by Runcheng Family Garden, was agreed to be expropriated as state-owned land, and the nature of the land was changed, making it suitable for real estate use. However, because the real estate land belongs to the business land, if you want to pay the transfer fee, you must also openly sell it by bidding, auction and hanging, and you can’t directly sell the land to Runyu Real Estate Development Group by paying the land transfer fee.
In order to solve the problems related to real estate registration in the county, in June 2019, the Minxian People’s Government issued the Opinions on Handling the Problems Left over from the Unified Registration of Real Estate in Minxian County, and in October, the Gansu Provincial Department of Natural Resources also issued the Notice on Supervising the Work of Resolving the Problems Left over from the Registration of Real Estate, which provided a policy basis for solving the problems. The problem of real estate registration can be solved by paying back the land transfer fee. Just when the policy problems were solved, the developers did not show the enthusiasm to solve the problems.
Wang Ping, General Manager of Gansu Runyu Real Estate Development Group Company:No money? Enterprises are in trouble, and this year is depressed. Thinking of putting it off until next year.
On December 1st, the media reported the troubles of Runcheng Jiayuan’s residents. The next day, Runyu Real Estate Development Group paid back 3.57 million yuan of land gold and 109,000 yuan of taxes. On the afternoon of December 2, when we were interviewing in the residents’ home, the residents received a phone call informing them to apply for a permit.
Staff of Runyu Real Estate Development Group Company:You can do it now. If you are in a hurry, you can do it in the lobby of the Real Estate Bureau.
The reporter also saw in the government affairs hall of Minxian County that some households in Runcheng Jiayuan are handling real estate warrants.
At present, the property right certificates of residents in buildings 5, 6 and 7 of Runcheng Jiayuan are being processed. As of December 5, 42 households have processed the property right certificates that should have been legally processed long ago.
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