He left in a hurry, so he had to let Ye Sushang stay in Magic City temporarily to help Cai and Lei with this spring recruitment.

It was also Lin Baiyao's intention to hone her abilities. Managing a company is a big subject. Studying more can avoid detours when the milk tea shop grows in the future.

Instead of driving, he took a plane directly to Yuezhou Airport. The car arranged by Ye Xi was waiting outside, and he rushed back to Dongjiang overnight without stopping.

After meeting with Chu Gang, Fang Zhongqu and others in the conference room of Ning'an Real Estate, they asked for details. The problem was not with Ning'an Real Estate, but with the investigation team led by Xu Weiguo from the city government who found the clue.

At the end of last year, Ning'an Real Estate took advantage of the demonstration electronic technology industrial park construction plan and began to accumulate a large amount of land in Dongjiang.

Some of the allocated land is suspected of violating the provisions of the Land and Resources Management Law and changing the land use without authorization, converting industrial land and agricultural land into commercial land.

There are also some land transfers that are suspected of being sold at too low a price, violating the benchmark land price of Suhuai Province that was just approved by the Provincial Department of Land and Resources in December 1998.

Moreover, there are two unfinished building projects that have been completed, and the "Construction Land Planning Permit" is about to expire.

Since I did not apply to the provincial department for extension 30 days in advance, it was automatically invalidated, and all pre-sales of commercial housing involved in the project were in violation of regulations.

Lin Baiyao listened quietly. No one could guess what he was thinking. Chu Gang's face was full of guilt and he whispered: "Mr. Lin, it's me who didn't do my work carefully..."

As soon as he admitted his mistake, Fang Zhongqu and others immediately couldn't sit still. They all stood up and said with fear: "Mr. Lin, it's all our responsibility..."

Seeing that the atmosphere in the conference room was extremely solemn, Lin Baiyao smiled and waved to everyone to sit down.

The real estate industry involves too many rules and regulations, and there are more lice on the head than a monkey.

From national regulations, local regulations to the rules and regulations of various departments, from normative opinions, implementation methods to interpretation regulations, not to mention practitioners, even the competent departments may not be able to fully understand all the regulations and systems of other departments.

As long as someone digs hard enough, they can always dig out problems of one kind or another.

This is also the reason why the real estate industry needs to maintain the relationship between all parties the most. There is no way to maintain good relations with all parties, and any mother-in-law can control your life or death.

"The sun still has sunspots, how can it be perfect? ​​As long as you are willing to investigate, you can always find problems. If there are problems, don't be afraid, just solve them."

Lin Baiyao's aura was as steady as a mountain, making everyone gradually feel at ease. It seemed that it was really not that scary. No matter how menacing Xu Weiguo was, the young man who was drinking honeysuckle water with the thermos cup prepared by Guan Doudou would be hit by him.

Broken blood flow.

"How did the city government explain it to you?"

Lin Baiyao put down the thermos cup and looked at Chu Gang. Chu Gang said: "First, regarding the change of land use, the city government said that it had obtained the consent of the land management department and the urban planning department in advance, and signed a new contract with Ning'an Real Estate Company.

The land use contract should be regarded as valid. It was just a small mistake in the work. The contract was not publicized in accordance with the regulations. Accordingly, the Provincial Department of Land and Resources insisted that the procedures were in violation and did not approve the new contract..."

This is purely nitpicking. The land bidding, auction and listing system will be launched in a few years. What we are doing now are closed-door agreements and backroom operations. Who will make it public to you?

If we use this standard to seek complete blame, we can say that there are no compliant real estate companies in the country.

Lin Bai said: "Then what?"

"Then the research team checked the average price per square meter of the land agreed between the company and the city government. On the grounds that it was lower than the benchmark land price in Suhuai Province, they ruled that the agreement was invalid and ordered the company to suspend operations for rectification and pay the corresponding land fees and taxes.

, and an additional fine of 10% of the total cost will be imposed.”

Anger appeared in Chu Gang's eyes, and he said: "The city government retorted on the spot, saying that the contract was signed in October, and the so-called new benchmark land price was approved in December. According to the practice of not retroactively following the new regulations, the agreement cannot be said to be invalid...

…As a result, the research team made a lot of nonsense, saying that although the contract was signed in October, the real estate sales had not started, and if you want to sell now, you have to follow the new standards. They also said that the land department did not have new regulations and did not retroactively follow past practices, and all companies were treated equally.

, Ning'an Real Estate is no exception..."

The previous one was considered nitpicking, but this one is just being rogue, but being rogue makes you unable to resist, because this kind of thing all depends on the opinions of the competent authorities.

If people ask that everything be based on the new standards, then they must be based on the new standards. The key is that just paying land taxes, fees and fines is not important. What is important is the six words "ordered to suspend business for rectification".

Once the business is closed, it will be extremely difficult to reopen it.

Having missed the golden sales period of this wave of policy dividends, hundreds of thousands of square meters of existing houses are in hand, which is almost a disaster for those real estate companies with heavy loan burdens.

Although Lin Baiyao didn't have much financial pressure, and the backlog could be sustained for a period of time. Perhaps Weiguo didn't know Lin Baiyao's confidence, so he took action with the intention of destroying Ning'an Real Estate.

His heart can be killed!

Lin Baiyao said: "Well, there is still room for dispute, and the worst is a lawsuit, but what happened to the "Construction Land Planning Permits" for those two properties?"

When building a building or buying a property, all five certificates are required. This is a basic operation. If there is a problem with the "Construction Land Planning Permit", it cannot be solved by a lawsuit.

Chu Gang glanced at Xing Yuanwei, and Xing Yuanwei stood up quickly. Lin Baiyao smiled and said: "Old Xing, sit down, I said, the sky won't fall, don't worry."

Xing Yuanwei is a dull person and is not very articulate. He organized his speech for a while before speaking: "The validity period of the "Construction Land Planning Permit" is generally one year, and an application needs to be submitted thirty days in advance before expiration. However, these two

The property is a special case..."

He paused and said: "Because these two properties belonged to the Grain Bureau and the Machinery Factory before they were completed, their land use rights were obtained through state-owned allocation. According to relevant regulations, construction projects that provide land through allocation will not

If the "State-owned Land Use Certificate" is obtained within the validity period, the validity period will be the same as the "State-owned Land Use Certificate."

Lin Baiyao raised his eyebrows and said: "In other words, in fact, the validity period of the "Construction Land Planning Permit" of these two properties is not one year, but seventy years?"

"right!"

Xing Yuanwei said: "It is precisely because of this consideration that neither we nor the Urban Construction Investment Company noticed any problems, so we did not apply for extension thirty days in advance. Who would have expected that the research team would hold accountable this reason? Who would be convinced? Not even a dog would be convinced.

!”

An honest man was forced to curse, which shows how angry Xu Weiguo was.

Lin Baiyao said: "Since there is legal support, how did the research team explain it?"

"The research team believes that the allocated land is targeted at the original land users, namely the Grain Bureau and the Machinery Factory. Now the land use rights have been transferred. The transferee, Ning'an Real Estate, is a private enterprise and is not within the scope of land used by government agencies, so it should be regulated according to the regulations.

Pay the land transfer fee. Documents such as the "Construction Land Planning Permit" should also be in the form of land transfer and only have a one-year term."

There are two ways to obtain land use rights, one is allocation and the other is transfer.

There are four categories of allocated land:

The first is land used by state agencies and the military, the second is land used for urban infrastructure and public welfare undertakings, the third is land used by the state to support energy, transportation, water conservancy, etc., and the fourth is other land stipulated in laws and administrative regulations.

For example, the land used in the Demonstration Electronic Technology Industrial Park is a key national support project, so it is allocated land. You only need to pay for the resettlement and other fees on the original land, and it can be used free of charge.

Ning'an Real Estate also used this shareholder's style to engage in some land allocation.

It belongs to the fourth category: other land uses specified by the local government.

Therefore, the research team did not dwell on this. Instead, they only used the first reason to attack the land use change.

However, the difference between land allocation and land transfer was included in the attack on these two real estate projects.

At first glance, it sounds reasonable.

The Grain Bureau and the Machinery Factory are state agencies and are eligible to allocate land. Your Ning'an Real Estate is a private enterprise. If you take over an unfinished building, you can only clarify your responsibilities and obligations based on the land transfer.

So, if the "Construction Land Planning Permit" expires and is not renewed, is it illegal?

From this perspective, of course it is!

Lin Baiyao took another sip of honeysuckle water and turned to look at Luo Ke.

Luo Ke cleared his throat and said: "Mr. Lin, I asked the economic law teacher at the university to consult a well-known land law professor in China. He believes that my country's property rights system includes ownership, usufruct rights and security rights, etc., and Land use rights are typical usufruct rights. Allocating land, as a legal way to obtain land use rights, also belongs to usufruct rights. Therefore, from the perspective of the nature of the rights of allocated land use rights, allocated land use rights Rights should be inherited."

"inherit?"

Lin Baiyao finally heard the good news and said, "It means that the rights owned by the Grain Bureau and the Machinery Factory as state agencies can also be inherited by Ning'an Real Estate as a private enterprise?"

"That's the truth!"

Luo Ke said: "There has always been a saying in land law that 'the house goes with the place, and the land goes with the house.' After the house ownership is inherited, since the house and land are inseparable, the land use rights will also be inherited. Unfinished buildings are also buildings. Ning

An Real Estate inherited the ownership of the unfinished building, the land use rights were also inherited, and the allocation method and additional rights of the land use rights should also be inherited."

If it were just that simple, the situation would not be so urgent that Ning'an Real Estate is about to close down. Lin Baiyao keenly captured the key and said: "Is this the professor's personal opinion, or is it based on special laws and regulations?"

Luo Ke smiled bitterly and said: "The professor said that the real estate industry rarely encounters such conflicts, so he can only rely on his knowledge reserves and combine multiple legal systems to conduct dialectics. The country has not promulgated special laws and regulations to determine the right and wrong of this issue.

…”

The professor's statement is very euphemistic and is rarely encountered in the real estate industry. It means that the connections that can engage in real estate are very hard.

Since we can obtain the real estate with allocated land, there is no possibility of such weird events as whether the "Construction Land Planning Permit" is valid for one year or 70 years.

Lin Baiyao was unlucky enough to meet Xu Weiguo, a tough guy...

Lin Baiyao thought for a moment and said, "Then have you asked him, what should we do if the Provincial Department of Land and Resources insists on not recognizing all the rights of Ning'an Real Estate to be inherited?"

"The professor said that administrative litigation is possible. But during the administrative litigation, Ning'an Real Estate's business will be greatly affected. The gains outweigh the losses, so try to resolve it through negotiation..."

Lin Baiyao shook his head. The hatred between him and Xu Weiguo could not be resolved. The two sides were already in a life-and-death situation, and negotiation was impossible.

Luo Ke looked at his face and said: "As for the first article, the professor suggested that the land use change contract can be re-publicized. It will waste some time. It is not a big problem. As for the second article, the benchmark land price falls under municipal regulations and provincial regulations.

If a conflict arises, it needs to be handed over to the Provincial People's Congress for adjudication, which is time-consuming and labor-intensive, and may not be winnable. For Article 3, there is only administrative litigation. Although it can be won, it is still time-consuming and labor-intensive..."

Lin Baiyao said calmly: "In other words, if we solve it through normal means, we will be completely at a disadvantage. It is time-consuming and labor-intensive, and the success or failure is between 50 and 50?"

Chu Gang and others were silent, Luo Ke nodded and said: "Fifty-five is also an overestimation, with a 30% chance of winning."
Chapter completed!