It is certainly illegal to pull out commercial housing in the university without going through any project procedures.
University land belongs to educational land and is allocated by the state. There are strict restrictions on transfer or change of use. "Urban Real Estate Management Law" clearly stipulates that "if the land use right is obtained by means of allocation, the transfer of real estate shall be reported to the people's government with approval authority for examination and approval in accordance with the provisions of the State Council. If the people's government with the approval authority approves the transfer, the transferee shall go through the procedures for transferring the land use right and pay the transfer fee for the land use right in accordance with the relevant provisions of the state. "
The reason why the examination and approval clearance is set up and the transfer fee is clear is because of the public welfare nature of educational land. Education is a career of cultivating talents, not a profitable industry, and the state has opened up a green channel for allocating educational land. Simply put, educational land does not need as much money as commercial housing land. If we ignore the red line of laws and regulations and change the educational land without authorization, it will harm the interests of the state and the public, and the developers who have had enough will be bold.
The educational land was transformed into commercial housing, and the illegal behavior was obvious. Unfortunately, there are obviously red lines in laws and regulations, and the schools involved have sent letters to stop work many times, and the functional departments such as planning, urban management and housing management have also investigated and dealt with them many times. But there is no sign of stopping work in this building, and now it has been capped. More than 500 apartments have been sold, and only more than 20 apartments have been sold in the later period.
The premise of real estate sales is that the five certificates are complete, and the construction land planning permit, construction project planning permit, housing construction permit, state-owned land use permit and commercial housing sales (pre-sale) permit are indispensable. In 20 16, the Ministry of Housing and Urban-Rural Development issued the Notice on Standardizing the Business Behavior of Real Estate Development Enterprises and Maintaining the Order of the Real Estate Market, which clearly stated that nine kinds of behaviors, such as "illegal sales", should be thoroughly investigated, and some places even investigated for criminal responsibility.
Every question mark needs to be straightened. Strict accountability, strengthening the rigidity of law enforcement, hardening the suspension order and other regulatory means can keep the pure land of a university.
Source: paper net.