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Is a 40-year house ownership a house ownership or a land use right? What we generally call 40-year property rights actually means that the land use period of the building is 40 years. The 40 years mentioned here refers to the 40 years after the developer acquires the land, so can I buy a house with 40 years of ownership?
Home ownership, also known as house ownership, is the exclusive right of the owner of the house to dispose of the house he owns. Within the scope prescribed by law, the owner of the house may exclude the interference of others and occupy, use, benefit from, or dispose of the house owned by him. There is no limit to the number of years of ownership of a home.
Land use rights refer to the rights of units or individuals to occupy, use, benefit from and dispose of state-owned land or collective land in accordance with law or agreement. The land use rights obtained are time-limited. The term for which a land user enjoys the land use right is limited to the term of the transfer.
The term of the assignment shall be stipulated in the assignment contract, but shall not exceed the maximum period limited by law.
Can I buy a house with a 40-year tenure?
According to Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights, the maximum term of land use rights transfer shall be determined according to the following purposes: 70 years for residential land; 50 years of industrial land; 50 years of land for education, science and technology, culture, health and sports; 40 years of commercial, tourism and entertainment land; Fifty years for comprehensive or other land use.
From the time the developer acquires the land to the start of construction, to the completion of the house and the owner to move in, it takes at least two or three years. There are also some special circumstances, after the land was auctioned by the developer, the construction was delayed due to various reasons, and even changed hands many times, and more than ten years have passed before the development began. Therefore, buyers cannot really own the house for 40 years after purchasing the developer's 40-year property right, and the house property rights need to be renewed after the expiration of the property rights.
A house with a 40-year property right is not a small property right house or an illegal building, and it can be purchased normally. The property rights mentioned here refer to the term of land use, that is, the 40 years indicated on the land use certificate. Under normal circumstances, the 40-year property right is commercial, tourism, and entertainment land, and the water and electricity bills of such house residents will be higher than that of ordinary residents in accordance with commercial standards.
Buyers must have an understanding of the age of the house when buying a commercial house, and they can't buy a house with a 40-year property right and can only use it for 20 years, which is worth the loss. In addition, when selling a house, the developer should also explain to the customer how long the service life of the commercial house is.
The above was released on 2016-12-22, the current relevant housing purchase policy is subject to the actual situation).
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There are many 40-year apartments, hotels, and shops on the market, should you buy them?
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All the houses sold in China, no matter what type of use, have property rights, generally 40 years and 70 years, for 40 years of property rights, most people will feel that ** will be very cheap, may not be very practical, so for this kind of property rights of the house will not be purchased, so 40 years of property rights can be bought? Can I buy a house with a 40-year property right There is basically no difference between a house with a 40-year property right and a 70-year house, and you can still buy it, because the property right is a 40-year house, and you can exercise the rights to dispose of, trade, buy and sell the house within 40 years after the purchase, and after the expiration of the 40-year property right period, you can continue to use it after paying the land transfer fee to the relevant land department. Under normal circumstances, the 40-year property right is used for commercial land when the land is declared and approved, and it is generally used for shopping malls, entertainment, catering, apartments, etc., and the water and electricity of various purposes of such land construction are charged according to commercial standards, and the cost is higher than that of ordinary civil hydropower.
Precautions for the purchase of 40-year fiber property rights 1, when buying a house with 40-year property rights, you must pay attention to the property rights period, many developers will approve the whole land when taking the land, but due to financial pressure during construction, it will be built in stages, and it may take more than 10 years to build in serious cases, so the property rights at this time are at most 30 years, so you should specifically ask how many years the property rights have been used when buying. 2. There are also developers who have not started development for some reason after the land is auctioned, and the Destruction Bureau has even changed hands many times, at which time many years have passed since the land was built; Don't look at the fact that the real estate has just been developed, its construction speed is very fast, in fact, the property right service life is only more than 20 years. Standards for the service life of various types of landThe Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights clearly stipulate that the service life of land use rights shall be determined according to the following ways:
1. 70 years for ordinary residential land; 2. 50 years of land for industry, science and technology, culture, health and sports; 3. 40 years of commercial, tourism and entertainment land; 4. Other comprehensive land for 50 years. 40-year property rights and other properties are already existing and have independent property rights, which can be bought and sold normally, just pay attention to the remaining years when buying.
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A 40-year property can be bought. The 40-year property right referred to here is the 40-year property right stated on the land use certificate. Under normal circumstances, the 40-year property right is commercial, tourism, and entertainment land, and the water and electricity bills of the residents of this kind of house will be in accordance with the commercial standard, which is higher than the electricity and water of ordinary residents.
The term of land use rights varies according to the nature of the land.
Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights.
The maximum term for the transfer of land use rights shall be determined according to the following purposes:
1) Residential land for 70 years;
2) 50 years of industrial land;
3) 50 years of land for education, science and technology, culture, health, and sports;
4) Commercial, tourism and entertainment land for 40 years;
5) Fifty years for comprehensive or other land use.
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