What happens after the 40 year ownership of the apartment expires?

After the expiration of the property right, you can renew it independently, and you only need to pay the land transfer fee, but the specific payment amount and payment formula have not been given by the country, please continue to pay attention to the national policy for details, I hope it can help you.

1. After the expiration of the 40-year property right of the apartment, as long as the house can still be lived in, the land must be renewed. According to the current relevant regulations of the state, after the expiration of the land, the payment shall be made according to a certain proportion according to the guidance of the floor and raw land at that time.

2. Land use rights are land use rights transferred by the State to organizations, institutions and individuals, and according to the Constitution of the People's Republic of China, the ownership of land belongs to the State and collectives. At the time of transfer, the land use right is divided into different service life according to the type of development, with the maximum tenure of civil residential land being 70 years, the maximum period of industrial construction land and comprehensive land being 50 years, and the maximum of commercial building land being 40 years.

House ownership is a kind of private property right and is protected by the Constitution of the People's Republic of China. According to Article 64 of the Property Law of the People's Republic of China (effective as of October 1, 2007), private individuals enjoy ownership of their lawful income, houses, daily necessities, production tools, raw materials and other immovable and movable property. Its years are permanent.

The difference between land use right and house ownership is: house ownership (i.e., real estate right) is permanent, there is no time limit, as long as the property is not completely damaged or lost, it can be enjoyed forever, "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.

The ownership of the house is perpetual, and as long as the house does not collapse, the house remains the owner. But we are a socialist country, and the land is state. According to the different project establishments, the period of renting state land is also different, 70 years for residential, 50 years for industry, science, education, culture, health and sports, and 40 years for commerce, tourism, and entertainment.

3. After the expiration of the land use period:

1. Extend the term of land use rights. 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.

2. According to the planning needs, if the state recovers the land and above-ground buildings, the owners shall be compensated accordingly, and the solution shall be solved by similar demolition and resettlement.

The property rights of commercial and residential apartments are generally 40 years, that is, the corresponding land use period is 40 years. Article 149 of the new Property Law of the People's Republic of China states that the property rights of residential land can be automatically renewed after expiration, and the term of land use can be increased by paying a certain percentage of the land transfer fee before the expiration of the property rights of construction land of other natures (generally one year before the expiration).

The owner submits an application to the relevant authorities, and after approval, the property rights are renewed.

Generally, there are two ways to deal with the expiration of property rights:

a. Pay the land transfer fee and extend the land use period;

b. If the planning needs to be demolished and the land is recovered, the owner will be compensated. Generally, the compensation for commercial and residential buildings is higher than that for residential buildings.

Is a commercial apartment worth buying What happens when the property expires after 40 years What is the difference between it and a residence?

What happens to a 40-year condominium when it expires? This is an in-depth and comprehensive analysis and explanation!

The 40-year hail crack property of the apartment will be automatically renewed upon expiration.

Legal basis: Article 359 of the Civil Code of the People's Republic of China: If the term of the right to use land for residential construction expires, the renewal of the right to use land for non-residential construction shall be handled in accordance with the provisions of the law.

If there is an agreement on the ownership of the judgment bridge 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.

Legal Analysis: A 40-year collateral title will be automatically renewed upon expiration.

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. Only the slag.

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.

The method of dealing with the 40-year property right of the apartment after the expiration of the property is as follows:

1. If the land user submits an application for renewal to the land management department and is approved, he shall re-sign the contract for the paid use of the land and pay the paid use fee for the land;

2. If the applicant does not apply for renewal, the land use right will be recovered by the state free of charge;

3. If the renewal of the land user is not approved, the state will recover the land use right without compensation and compensate for the residual value of the property.

Difference Between Property Rights and Ownership:

1. The difference between certificates:

The real estate ownership certificate can not only prove the ownership of the house, but also prove the right to use the land, while the house ownership certificate can only prove the ownership of the house, but not the right to use the land;

2. Some are different:

The real estate management department is responsible for the housing ownership certificate, and the real estate ownership certificate is the department that has to manage all the money and land use rights of the house;

3. The period of use is different

The right to use a house is limited in time, while house ownership is a type of private property right and the time of use is permanent.

Legal basisArticle 209 of the Civil Code of the People's Republic of China.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

Natural resources that belong to the state under the law may not be registered.