Administrative Regulations on Urban Real Estate Development and Operation

Administrative Regulations on Urban Real Estate Development and Operation

Order of the State Council [1998] No. 248

July 20, 1998

Chapter I General Provisions

Article 1 For the purposes of regulating the development and operation of real estate, strengthening the supervision and administration of the development and operation of urban real estate and promoting and safeguarding the sound development of the real estate sector, these Regulations are formulated in accordance with the relevant provisions of the Law of the People's Republic of China on the Administration of the Urban Real Estate.

Article 2 The term "real estate development and operation" as used in these Regulations means acts of infrastructure construction and housing construction carried out by real estate development enterprises on state-owned land within urban planning zones, and those of transfer of real estate development projects or sale and rental of commodity houses.

Article 3 In real estate development and operation, the relevant activities shall comply with overall planning, rational layout, integrated development and matching construction and economic benefits shall be combined with social benefits and environmental benefits.

Article 4 The competent department of construction administration under the State Council shall be responsible for the work of supervision and administration of real estate development and operation activities nationwide.
The competent departments of real estate development of local people's governments at and above the county level shall be responsible for the work of supervision and administration of real estate development and operation activities within their respective areas.
The departments in charge of land administration of people's governments at and above the county level shall, in pursuance of the provisions of the relevant laws and administrative regulations, be responsible for the land administration related to real estate development and operation.

Chapter II Real Estate Development Enterprises

Article 5 Establishment of a real estate development enterprise shall, in addition to the conditions for enterprise establishment prescribed by relevant laws and administrative regulations, fulfil the following conditions:
1.
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