What happens to the house after the land use right expires?

The steps for renewing the expiration of the land use right are as follows.

1) Submission of renewal application.

If the land user needs to continue to use the land upon the expiration of the term of use agreed in the land use right transfer contract, he shall submit an application for renewal no later than one year before the expiration, which is a prerequisite for the renewal of the land use right in the first paragraph of paragraph 1 of Article 21 of the Urban Real Estate Management Law.

2) Approval of renewal application.

After the land user submits an application for renewal, the land management department shall reply as soon as possible within a reasonable period of time, and shall approve the resumption of the land unless it is necessary to recover the land in accordance with the public interest.

3) The nature of the renewal.

The renewal of land use rights is the same as the transfer of land use rights, that is to say, the renewal of land use rights is also the transfer of land use rights. The few differences are that the application for the renewal of the land use right shall be approved by the transferor unless it needs to be withdrawn according to the public interest, but the transferor has no such obligation for the application for the transfer of land use right.

Legal Analysis: The land use right of the house will be automatically renewed after expiration. Renewals are subject to a renewal fee as required by law.

According to the regulations, 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 handled in accordance with the provisions of laws and administrative regulations. Land use rights refer to the rights of state organs, enterprises and institutions, farmers' collectives and individual citizens, as well as foreign-funded enterprises, who meet the statutory conditions, to occupy, utilize, benefit and dispose of state-owned land or farmers' collective land in accordance with legal procedures or agreements.

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: The land use right will be automatically renewed after expiration, and there is no need to apply or pay fees at present, and the transaction and registration procedures can be handled normally. If it is a non-residential construction land, it is necessary to re-apply for renewal one year in advance, and re-sign the contract for the transfer of the right of use after the renewal is approved, and pay the transfer fee.

If the application is not applied for or the application is not approved, the state shall take back the right of use free of charge.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 22 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 no later than one year before the expiration, except for the need to recover the land in the public interest, it 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.

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.

If it is residential construction land, the land use right will be automatically renewed after expiration, and if it is not residential construction land, it can apply for renewal, sign a new transfer contract after Daye Jujube, pay the land use right transfer fee, and handle the registration of the renewal of the land use right.

Legal basis] Article 149 of the Property Law, if the term of the right to use residential construction land 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, the agreement shall be followed; 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.