The shop is a 40 year property right, so who will have the property right of the shop after 40 years

In view of the problem of the expiration of the property rights of the shops, there really seems to be a certain difference between the shops and the residences, but the residences expire after 70 years, and they can be automatically renewed according to the property law, and all the functions may disappear, but they can continue to be used and owned, but they do not have any other functions, only have the function of residence, and all other functions will be lost, such as resale function, mortgage function, loan and mortgage function, including demolition will also be greatly discounted, and all of the above functions will disappear at one time.

The 40-year property right of the shop expires, and several principles should be followed, one principle is to determine whether to re-plan according to the urban planning, re-planning, etc. will not be renewed, and if it is not re-planned, it can be renewed, that is, the land will be transferred again, the land transfer fee will be paid, and the property rights of the shop will be owned again, including all functions.

The other is that if you want to restore all the functions, you can only pay the fee and pay the land transfer fee, and these functions are turned on again, including the same for residential and commercial buildings, why is this happening?

This has something to do with the nature of our land, the nature of our land is not privatization, but the transfer of the term system, in general, the transfer period of residential land is 70 years, the transfer period of industrial land is 50 years, and the transfer period of commercial land is 40 years, of course, before 98 years, there are some land transfer years are very strange, 20 years, 30 years, but after expiration, they are transferred again, all in accordance with the new regulations.

The new regulations are 70 years for residential, 50 years for industry, 40 years for business, and the number of years after the resale.

Many people are always worried about whether the shop will be repossessed after expiration?

There is a practical and theoretical situation here, why this is so, and this is the difference between legal boundaries, and executive boundaries.

The law stipulates that whether to renew or not, it depends on the urban planning, if the urban planning needs, the need to re-upgrade the building of the plot, then it can not be renewed, at this time all functions disappear, including above-ground buildings, land, etc., all free of charge, which is stipulated in the real estate law, you can study the real estate law.

If there is no need for re-planning, you can continue to hold and use, but you must pay the land transfer fee before you can continue to enjoy it.

In the actual implementation process, under normal circumstances, the supporting shops of the residence will not be demolished, nor will they be re-planned, theoretically as long as he does not re-plan, and you do not buy and sell, there is no need to renew, you can completely continue to use the shops, there should be no problem, but there is a risk here, you can demolish you at any time, and there is a practical problem, there are so many shops in a city, it is impossible to carry out all the planning, The real estate department will not go door-to-door to persuade you, come and renew it quickly!

Obviously, it is unrealistic, and the actual situation must be that as long as you do not buy and sell, do not mortgage, theoretically this shop has always been used by you, and you can also rent it, but whether it is a tenant or yourself, you are facing legal risks.

China's business development is getting better and better, and it has spread from the whole country to the world. Now the whole world also thinks that China is a very big cake, and China's business opportunities are very big. Many countries around the world are rushing to invest in China.

Nowadays, shops in the prosperous stage of some big cities in China are very sought-after, as long as you live here with a small shop, the annual income is very considerable.

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So many friends are trying to buy a small shop in a prosperous area, and then do some business. In this way, even if the business is not doing well, it can be subleased. This is a very good business opportunity, but there are some friends who will have such concerns.

For example, if we really want to buy a shop, then the right to use the shop is basically 40 years, if after 40 years, we don't make enough money, then who should the rest of the property rights belong to? Next, let's talk about it according to the major.

First, we should all know about the Shop Property Law, in fact, many issues in this bill have some provisions. One of them says that the adult's permission will be automatically renewed after it arrives, and we can renew our right to use. But the building of our shop must be very well preserved within 40 years, without any damage or collapse or anything like that.

If our building will be damaged due to its own reasons, it will be forcibly taken away by the state for some repairs. In fact, everyone doesn't understand that the provisions of this property law are actually very vague.

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As we all know, the rights of our house include the right to use and the right to own, and the shop also has these two rights. The right to use the land is about 40 years, but after the expiration of the term, as long as we pay a part of the money, we can continue to use this part of the land. In other words, if our shop is 40 years from now, as long as we pay some money, the shop will continue to be used by us.

It's just that the time for land lease has come, and the land in China originally belongs to the state. As long as we pay the money, we can actually continue to renew the lease.

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Finally, if friends really want to rent a small shop, then you still need to find a professional person or a professional developer for an in-depth **. It is better to have friends who have a major in related fields. After all, the property law is very rigorous, but we still have to look at it, but how to operate, only know the relevant laws and regulations of the country.

We will be able to better develop our own business aspects.

After 40 years, the property rights will belong to **, and at that time** will have the right to take back the shop and auction it off. However, you can also buy it yourself.

The right of use belongs to the owner, and the land belongs to the state. But after the expiration date, you can pay the land transfer fee, and the shop can always be owned by the owner.

In 40 years, the country must be **, and at that time it will be **, of course, you can choose to renew it.

Which told you that the shop has a 40-year property right? It is a commercial land, and the term of the land use right is 40 years, but the house is the ownership, and the land use right will follow the policy, and the renewal will be renewed.

In fact, whether it is 40 years or 70 years, it will be cheaper to spend money to buy again after the expiration of the first time, and the cost is lower if you want to tear down and rebuild after the expiration, after all, this no longer belongs to you after the expiration, and there is no way to make a fortune by demolition.

The property rights of the shops are only 40 years, and after the expiration, can they be renewed, and what should be done? The anchor will help you answer from the following three points.

There is no property right registered in real estate, and the right is determined by law.

You tell me which shop can last for 40 years now?

Whoever issued the real estate certificate belongs to whom, you are right or not.

Legal analysis: If the 40-year property right expires, the residential construction land use right will be automatically renewed after the expiration of the term. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations.

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 refers to the quiet handling in accordance with the provisions of the 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.

Do the math how much it will cost you to renovate your home

When it comes to the property rights of shops, I believe everyone knows that it is 40 years, and many first-time owners have doubts about the ownership of shops after 40. So who will the property right belong to after the 40-year expiration of the shop? What should I pay attention to before buying a store?

The ownership of the land belongs to the state, the occupant only has the right to use, and the property right of the shop is still the state after 40 years, but the term of the land use right expires, and if the state does not have a demolition plan, the owner only needs to continue to pay the land transfer fee to re-obtain the land use right of the house. If the state has a demolition plan, it will compensate the above-ground objects. What should I pay attention to before buying a store?

1. Do more research before buying a shop. Before buying a shop, you must investigate, such as what kind of business type is suitable for the area of the shop? What kind of brand products are suitable for the surrounding consumption level?

The brand? In addition to the expected rent level, whether the business can make a profit, etc., you must have a number in mind. 2. Try not to buy shops in shopping malls.

It is better to buy a separate shop than a scattered one. Because if the overall condition of the mall is very poor, it is difficult to rent the shop and **. Although the cost of this kind of small production board is not high, it is difficult to unify the wishes of all investors to operate after the division of property rights, and it is prone to vicious competition.

3. Be aware of the risks of the store. Before buying a shop, you must have a cutting-edge vision, and you can buy a store with good economic strength, but you must pay attention to the fact that now is not the era of "one shop for three generations", and it is possible for it to become a "three generations for one shop" if it is not running well. 4. Be forward-looking when buying a shop.

When buying a shop, you should take a long-term view and learn more about the future development of the area. Not all good locations are necessarily profitable, and sometimes in the event of changes in municipal planning, lively areas may become secluded places, but there is still great room for investment in some areas under development. Summary:

The above is the relevant content of who will pay attention to after the 40 years of the shop and what to pay attention to before buying the shop, I hope to help the fiber friends in need. If you need to know more about related knowledge in the future, please pay attention to Qeeka Home.

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40 years is the right to use the land, not the property right of the house. When the land use right expires, the land transfer fee should be paid again to continue to use the land, and then the property rights of the house will not be affected.

Due to the limited time and energy of Zheng Dan, Song Cong is early, and the right side is limited to only the Beijing area to call for consultation, and there are people in the field who have the intention to call, please explain the purpose after connecting.

Summary. Pro, the property rights of the shop belong to the state after 40 years. The ownership of the façade belongs to the state.

Regardless of whether it is a shop or a residential land, the occupants only have the right to use, and the property right of the façade is still the state after 40 years, but the term of the land use right expires, and if the state does not have a demolition plan, the owner only needs to continue to pay the land transfer fee to re-obtain the land use right of the house. If the state has a demolition plan, it will compensate the above-ground objects.

Pro, the property rights of the shop belong to the state after 40 years. The ownership of the façade belongs to the state. Regardless of whether it is a shop or a residential land, the occupants only have the right to use, and the property rights of the façade are still the state after 40 years of expiration, and only the lack of dry is the expiration of the land use right.

If the state has a demolition plan, it will compensate the above-ground objects.

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 the renewal fee 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. Article 360: Where the right to use construction land is searched and extinguished, the transferor shall promptly cancel the registration.

The registration authority shall withdraw the certificate of ownership.

Forty years from now?

Kiss, return to the country after forty years.

Pro, after 40 years, the property right will belong to the state, and the property right owner will still belong to the property owner before it expires.

Collect it without paying directly?

Dear, you can apply for renewal when it expires after 40 years, and there will be compensation if you don't renew it.

Then the money for the purchase was wasted?

The state is going to leave without paying for it?

Dear, you can renew it, not to say that you will take it away when it expires, and you will be compensated.

Dear, you apply for renewal when the shop expires, and the state agrees to renew.

After the expiration of 40 years, the land user can apply for renewal.

According to the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights:

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.

Article 42 The State shall not take back the land use rights lawfully obtained by land users in advance. Under special circumstances, the State may, in accordance with the needs of the public interest, take back the land in advance in accordance with legal procedures, and give corresponding compensation according to the number of years the land user has been used and the actual situation of the development and use of the land.