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Anonymous users2024-02-06According to Article 149 of the Property Law, if the right to use land for residential construction expires, it will be automatically renewed. It can be jointly proposed by the owners of the house to pay the land transfer fee, which should be lower than the same type of land transfer fee, similar to the difference between the cost price and the market price.
Renewal** may be in accordance with the prevailing floor guidelines**.
There is a precedent for the renewal of the land premium after maturity.
The International Commercial Building in Shenzhen is the first case in China to renew the land use right. Due to the historical legacy of the project, there are four types of real estate certificates with different years of age in the same building: 20 years, 30 years, 40 years, and 50 years. The earliest 20-year property rights have long expired, for this reason, the first issued "Shenzhen Expiration Real Estate Renewal Regulations" pointed out that the expiration of real estate, the owner needs to continue to use the land, without changing the use, according to the principle of paid use of land, extend the land use period, in the remaining period (the maximum use period stipulated by the state minus the used period) within the scope of the agreed term, the amount of land premium paid is 35% of the announced benchmark land price, and a lump sum payment according to the agreed period.
According to the "Regulations", the property rights of the international commercial building have been renewed through the payment of the land transfer fee, which has also made many commercial and residential projects see an important basis for renewal.
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Anonymous users2024-02-05According to the relevant laws of China, land users can apply for renewal upon the expiration of the land use right. If it is necessary to renew the land transfer contract, pay the land use right transfer fee, and go through the registration.
Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights
Article 14 The land user shall, within 60 days after signing the land use right transfer contract, pay all the land use right transfer fees. If the full payment is not made within the time limit, the transferor has the right to terminate the contract and may claim compensation for breach of contract.
Article 41 When the term of land use right expires, land users may apply for renewal. If it is necessary to renew the term, the contract shall be re-signed in accordance with the provisions of Chapter II of these Regulations, the land use right transfer fee shall be paid, and the registration shall be completed.
Manifestations of common disputes over the transfer of land use rights.
1. Disputes arising from the validity of the land transfer contract.
The issue of whether the land use right transfer contract itself is valid or invalid is not only a frequent cause of disputes, resulting in disputes and lawsuits, but also a dispute over the validity of the contract is often the trigger for disputes over the performance of the transfer contract.
2. Disputes arising from the choice of land use right transfer method.
In accordance with the provisions of the "Urban Real Estate Management Law" and other relevant laws, regulations and rules, there are four main ways to transfer the right to use state-owned land: agreement, bidding, auction and listing source hall. The specific way to transfer, the decision has always been in the hands of the ** land management department.
3. Disputes arising from unfair bidding (selling).
The use of bidding, auctioning, selling or listing state-owned land use rights does not necessarily solve all problems, and marketization is not a panacea for all diseases. In particular, in the initial stage of our implementation of the market economy, when the market-oriented legal system has not yet been fully established, there are loopholes in the open bidding method.
4. Disputes arising from arbitrary scrapping, revocation of auctions, withdrawal of licenses, and failure to sign land use right transfer contracts in accordance with regulations.
As a bidder or bidder, generally before the bidding or bidding, you have to pay a bid or bidding deposit of not less than a low amount, if you do not sign a formal land use right transfer contract within the prescribed time after winning the bid or after the bidding is concluded, the deposit will be confiscated by the transferor. Therefore, it is rare for bidders to scrap the bid or not sign a formal contract after the transaction.
According to the provisions of the relevant laws of China, the land use right expires, and the land user can apply for renewal. If it is necessary to renew the land transfer contract, pay the land use right transfer fee, and go through the registration. If you need legal help, readers are welcome to come to the website for legal advice.
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Anonymous users2024-02-04A fee is required for the renewal of the transferred land use right. The provisions on the 10-year renewal of the land use certificate include: the right holder can apply for renewal one year in advance according to the current land price level, pay the land transfer fee, and re-sign the contract to apply for the land use right again in accordance with the provisions of the relevant laws.
Legal basis] Article 21 of the Law on the Administration of Urban Real Estate.
Upon the expiration of the term agreed in the land use right transfer contract, the land user needs to continue to use the land, he shall apply for renewal no later than one year before the expiration, and if it is necessary to recover the land according to the public interest, it shall be approved. If the period of imitation is renewed, the land use right transfer contract shall be re-signed, and the land use right transfer fee shall be paid in accordance with the regulations.
Article 359 of the Civil Code.
If the period of authority to use land for residential construction expires, it shall be automatically renewed. The renewal of the right to use land for non-residential construction after the expiration shall be handled in accordance with the provisions of law. If there is an agreement on the ownership of houses and other immovable properties on the land, it shall be in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the provisions of laws and administrative regulations.
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