What to do when the 70 year ownership of the house expires?

Hello! If you want to know what to do after the expiration of the property rights of the house, you must first understand the housing system in our country, and the land and the houses on the land have different ownership. Generally speaking, the property right of the house is composed of two parts: the ownership of the house and the right to use the land, the ownership of the house belongs to the individual property rights, is a kind of private property rights, protected by China's "Property Law", its term is permanent, as long as the property is not completely damaged and lost, it can always be enjoyed, "there is no time limit registration column in the real estate certificate", because according to the Constitution of our country, the ownership of the land belongs to the state and the collective, so the land use right is a right of use transferred by the state to organizations, institutions and individuals, That is to say, the ownership of the house is forever, as long as the house does not collapse, the house has always been the property owner, but the land belongs to the state.

According to the different land planning uses, the maximum service life of land is divided into 40 years, 50 years and 70 years, such as 70 years for residential land, 50 years for industrial, science, education, culture, health and sports land, and 40 years for commercial, tourism and entertainment land. After expiration, the land transfer fee can be repaid and the right to continue to use the land can be obtained.

The 70-year property right of the house will be automatically renewed after expiration, but the land use right transfer contract should be re-signed and the land use right transfer fee should be paid.

According to the Property Law of the People's Republic of China:

Article 149: Where the term of the right 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.

According to the Law of the People's Republic of China on the Management of Urban Real Estate:

22nd land use right transfer contract agreed upon the expiration of the term of use, land users need to continue to use the land, shall apply for renewal at least one year before the expiration, except in accordance with the public interest needs to recover the land, shall be approved. If the renewal is approved, a new contract for the transfer of land use rights shall be signed, and the land use right transfer fee shall be paid in accordance with the regulations.

The 70-year property will be automatically renewed upon expiration, and there is no need to apply for renewal. As for whether it is necessary to pay back the land transfer fee, there is no clear regulation at present. If the state needs to take it back after the expiration date, it will compensate the owner accordingly and solve it by a method similar to demolition and resettlement.

The land belongs to the state, and the state has the right to reclaim the land for other purposes, but it must compensate your house because the ownership of the house is permanent. The 70-year property right is the service life of the residential land, which is calculated by the developer from the beginning of the land, and it has been clearly stipulated that the residential property right can be automatically renewed after expiration.

The 70-year property right refers to the land use right, while the house use right is permanent and can be automatically renewed when it expires.

The land belongs to the state, and the house is yours.

After the expiration of the 70-year property right of the house, will the house be repossessed by the state?

What should I do when the 70-year property right of the house expires?

Legal Analysis: The house will be automatically renewed after the expiration of the 70-year property right. The law stipulates that if the term of the right to use land for residential construction expires, it shall be automatically renewed. The type of land with a 70-year property right is residential construction land, so the house will be automatically renewed after the 70-year property right expires.

The so-called house property right is the service life of the land where the house is located, and the land is recovered by the state after the property right expires, but the buildings on the land are still owned by individuals.

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.

Legal Analysis: Extension of the term of land use rights is permitted. 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.

As for the period for re-application, it should not exceed 30 years.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 21 The expiration of the term of use agreed in the land use right transfer contract, if the land user needs to continue to use the land, it shall apply for renewal one year before the expiration, except for the need to recover the land according to the public interest, it shall be approved. If the renewal is approved, a new contract shall be signed and the land use right transfer fee shall be paid.

Where the term of use agreed in the land use right transfer contract expires, and the land user does not apply for renewal or applies for renewal but is not approved in accordance with the provisions of the preceding paragraph, the land use right shall be recovered by the state free of charge.

The property right of the house can be automatically renewed after 70 years, because the ownership of the house belongs to you forever, but the land occupied by the house belongs to the state.

70 years of ownership of the house does not mean that the house can only be used for 70 years, when the 70-year use period of the house expires, it can be divided into two situations:

If ** has not yet intended to repossess the land, or has no valid reason to repossess the land, then the buyer only needs to pay the land transfer fee according to the land ** at that time to regain a period of use of the land.

The land area spread to the house is generally only about 10 square meters; If ** wants to reclaim the land occupied by the buyer's house, then it is enough to compensate the buyer's house on this land.

What should I do when the 70-year property right of the house expires?

According to the provisions of the Property Law, the ownership of the house is permanent, but it is impossible to move the house after the expiration of the land use right of the house built on the land, so the Property Law stipulates that the use period of the land for residential construction shall be automatically renewed.

After the expiration of the 70-year property right of the house, will the house be repossessed by the state?

If 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 in accordance with the provisions of laws and administrative regulations.

After the expiration of the 70-year property right of the house, will the house be repossessed by the state?

What should I do when the 70-year property right of the house expires?

The land use right is 70 years, and the ownership of the house is permanent, and the land use fee can be paid after the expiration.

The property title is perpetual and has no expiration; It's just that the land use period has a time limit, the residential is 70 years, and after the expiration of 70 years, if the state does not have a new plan for the plot, it only needs to pay the land transfer fee, and if the state has a new plan, then it will become a demolition household.

The land belongs to the state, and the house is yours.