Tourism land planning
Legal analysis: 1. Different concepts.
Cultural and recreational land refers to the nature of the land used for cultural and recreational activities as stipulated by the planning department according to the urban planning, and the service life of the land after transfer is 40 years. Commercial land is one of the commercial land, which refers to the place occupied by commercial, tourism and entertainment activities, such as the land used to build shops, grain shops, restaurants, parks, playgrounds, theaters and clubs.
Commercial land refers to the nature of the land used by the planning department according to the urban planning, which is used for the construction of commercial houses, and the service life of the land after transfer is 40 years.
2. The change of the right to use is different
The land use right of recreational land is generally 40-50 years, and the land use right of residential land is generally 70 years. It is certain to pay the land transfer fee if you want to change the cultural and recreational land into residential land.
It is impossible to change the nature of land use of the house. According to the provisions of the current land transfer method, the transfer should be conducted in public by means of bidding, auction or listing, and the original users and buyers of industrial land are not allowed to buy or sell on their own. If it is changed to other uses, it must conform to the overall urban planning and be approved by the planning department. Different uses, different service life.
3. Different service life
Commercial land and cultural and recreational land have different uses and service life. Residential land for 70 years; Industrial land for 50 years; , science and technology, culture, health, sports land for 50 years; Commercial, tourism and entertainment land for 40 years; Comprehensive or other land use for 50 years.
Legal basis: Regulations of the People's Republic of China on the Implementation of Land Management Law
Twentieth construction projects, geological exploration need temporary use of land, should try not to occupy or occupy less arable land. Temporary land use is approved by the competent department of natural resources of the people's government at or above the county level, and the period is generally not more than two years; Temporary land for the construction of energy, transportation, water conservancy and other infrastructure with a long construction period shall not exceed four years; Except as otherwise provided by laws and administrative regulations. Land users should complete land reclamation within one year from the date of expiration of temporary land use, so that it can be used, and the planting conditions should be restored if cultivated land is occupied.
Twenty-first emergency rescue and disaster relief, epidemic prevention and control and other urgent need to use land, you can use the land first. Among them, if it belongs to temporary land, it should be restored to its original state after use and handed over to the users of the restored land for use, and the land use examination and approval procedures will no longer be handled; If it belongs to permanent construction land, the construction unit shall apply for completing the examination and approval procedures for construction land no later than six months after the end of emergency disposal.
Twenty-second unused land with important ecological functions should be classified into the red line of ecological protection according to law and strictly protected. Where a construction project occupies unused land as determined in the land and space planning, it shall be handled in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government.
Tourism land belongs to commercial land.
1. Commercial land. Usually, the lease term of urban commercial land is 40 years. Although it is allowed to be sold in the mode of real estate development, it is still bound by relevant laws and regulations. The commercial land-based tourism real estate projects are usually used for the investment behavior of building a hotel business model such as tourist star hotels and business hotels;
2. Comprehensive land, commercial and residential land, can be used as both commercial land and residential land. The lease term of this land is 50 years, which belongs to real estate development and can be divided and sold in the mode of commercial housing. If it is a comprehensive land use in a commercial city, it can be used in the construction of tourist real estate such as business hotels, serviced apartments and all-suite hotels;
3. Residential land, if it is a hotel-style apartment of pure residential type, the lease period of the land is 70 years. Land of this nature belongs to real estate development and can be divided and sold in the mode of commercial housing.
The difference between tourist land and commercial land
1. Different concepts
Cultural and recreational land refers to the nature of the land used for cultural and recreational activities as stipulated by the planning department according to the urban planning, and the service life of the land after transfer is 40 years. Commercial land is one of the commercial land, which refers to the place occupied by commercial, tourism and entertainment activities, such as the land used to build shops, grain shops, restaurants, parks, playgrounds, theaters and clubs.
Commercial land refers to the nature of the land used by the planning department according to the urban planning, which is used for the construction of commercial houses, and the service life of the land after transfer is 40 years.
2. The change of the right to use is different
The land use right of recreational land is generally 40-50 years, and the land use right of residential land is generally 70 years. It is certain to pay the land transfer fee if you want to change the cultural and recreational land into residential land.
It is impossible to change the nature of land use of the house. According to the provisions of the current land transfer method, the transfer should be conducted in public by means of bidding, auction or listing, and the original users and buyers of industrial land are not allowed to buy or sell on their own. If it is changed to other uses, it must conform to the overall urban planning and be approved by the planning department. Different uses, different service life.
3. Different service life
Commercial land and cultural and recreational land have different uses and service life. Residential land for 70 years; Industrial land for 50 years; , science and technology, culture, health, sports land for 50 years; Commercial, tourism and entertainment land for 40 years; Comprehensive or other land use for 50 years.
I hope the above contents can help you. If you have any other questions, please consult a professional lawyer.
[Legal basis]: Article 2 of the Interim Measures for the Administration of Allocated Land Use Rights
The allocation of land use rights refers to the state-owned land use rights obtained by land users in various ways except transferring land use rights.
