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Land ownership is always vested in the state, and individuals are only granted the right to use the land. There are several ways to deal with land use rights after expiration:
1. The land user submits an application for renewal to the land management department, except for the need to recover it according to the public interest, it shall be approved. If the renewal is approved, the land use contract shall be re-signed and the land use fee shall be paid. In this way, your ownership of the property continues.
Of course, except for those that have become dilapidated houses and are forcibly demolished.
2. If the land user does not apply for renewal, the land use right and the above-ground real estate shall be recovered by the state free of charge. Home ownership will naturally disappear.
3. If the land user submits an application for renewal and does not approve the renewal according to the law (i.e., if it needs to be recovered according to the public interest), the state shall recover the land use right free of charge, but for the above-ground real estate, corresponding compensation shall be given according to the residual value at the time of recovery.
In addition, the state may also expropriate the land use rights before they expire, but they shall compensate for the land use rights and real estate that remain in the service life.
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The title deed is valid for seventy years, so why not buy a permanent one.
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The 70-year property right refers to the ownership period of the property right of the building building, including: civil residential buildings, commercial buildings, and industrial buildings. The tenure of general civil residential buildings is 70 years.
50 years for education, science and technology, culture, sports, etc.; 50 years for industrial, comprehensive or other land; The land tenure for commercial, tourism, and entertainment facilities is 40 years. In China's legal provisions, "land use right" and "house property right" are two different concepts, and the maximum term of land use right transfer is: 70 years for residential land, after the expiration of 70 years of land use, the land is nationalized, and the above-ground buildings still belong to the owner.
If you apply for land use right again, you should pay the land transfer fee according to the land price level at that time. According to this regulation, the right to use the commercial housing obtained by the buyer must and can only be established on the basis of the 70-year land use right. After the housing developer obtains the land lease right from the land management department, the land use right enters the market circulation.
The difference between land use right and house ownership is that house ownership (i.e., real estate right) is permanent and has no time limit, as long as the property is not completely damaged or lost, it can always enjoy "there is no time limit registration column in the real estate certificate"; Land use rights have a time limit. The state grants land users the right to use land for 40 years, 50 years and 70 years through the method of land transfer in a fixed period.
Legal basis: Article 12 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights Article 12 The maximum term of land use right transfer shall be determined according to the following purposes: (1) 70 years for residential land; (2) 50 years of industrial land; (3) 50 years of land for education, science and technology, culture, health and sports; (4) 40 years of commercial, tourism and recreational land; (5) 50 years for comprehensive or other land use.
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The title to the house is generally permanent. It does not mean that a house can only be owned for 70 years. Because the title to a house is personal property, its tenure is permanent.
The 70-year real estate right refers to the land use right, and when the land use right expires, you only need to pay a certain land transfer fee to continue to use it.
[Legal basis].
Article 359 of the Civil Code of the People's Republic of China Where the term of the right to use land for residential construction expires, it shall be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations. The renewal of the right to use land for non-residential construction after the expiration of the term shall be handled in accordance with the provisions of law.
If there is an agreement on the ownership of houses and other immovable property 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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The term of property rights is divided into land use rights and housing rights. The right to housing is a kind of private property right, which belongs to individual property rights, and its term is yes. Generally speaking, the term of ownership of the house generally refers to the land right.
The land belongs to the state, and the 70-year property right of the house generally refers to the 70-year property right of the house that is determined in the process of land transfer, and the general residential land is 70 years.
The 70-year property right is calculated from the time of the transfer by the state and continues until the 70th year. It didn't start when we bought the house. Because there is still a development cycle for the house, and the development cycle for a short period of time is 1 or 2 years, so that the house will be used for less than 70 years in our hands.
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The length of ownership of the house is an issue that every home buyer will consider, as it will not only affect the length of the homeowner's use of the land, but it may also affect the down payment ratio, which is very important for most home buyers. So, what does it mean to buy a house with a 70-year ownership? Is a 70 year ownership house really good?
Let's take a brief look at it together.
1. What does it mean to buy a house with a property right of 70 years?
Buying a 70-year title house means that the buyer can use the land for a period of 70 years after signing a purchase contract with the seller. Many owners have a wrong understanding of this period, not 70 years after signing the contract, but from the day the developer applies for it, so in the second-hand housing transaction, we should pay more attention to the issue of property rights.
Second, is the 70-year property right house really good?
1. Advantages. A house with a 70-year property right is more suitable for living, and the supporting facilities in the room will be more complete. In terms of daily life, occupants can decide whether to use natural gas or electricity according to their own preferences and actual conditions.
In terms of loans, the down payment ratio for the purchase of this type of housing will be relatively low, and you can also use provident fund loans to enjoy relevant preferential policies. The focus is on supporting not only settlement after purchase, but also school district planning.
2. Disadvantages. Because most of the houses with 40-year property rights are high-ceilinged, the utilization rate will be relatively high, compared with the low rate of houses with 70-year property rights, and the unit price will be higher, and the overall house type is relatively large, so the economic pressure that buyers need to bear will be relatively large.
Summary: The property right is the key to choosing a house, the owner should choose according to his own envy of his grandchildren, if it is only for living, 70 years of property rights is a very good choice, high comfort, and can also settle down. The above about what it means to buy a house with 70 years of property rights and whether a house with 70 years of property rights is really good is introduced here, I hope it will help you.
I borrowed 130,000 yuan that year and gritted my teeth and bought the house. At that time, it was really stressful. In order to repay the debt as soon as possible, I also worked hard, with the selfless support of my wife, I paid off the foreign debt in 3 years, and used the provident fund to hedge the mortgage, and now the monthly mortgage is only 836 yuan. >>>More