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

Will the house be repossessed after the 70-year tenure expires? It's not that simple. First of all, the calculation of the 70-year property right does not start when you buy the house or get the title deed, but from the time the developer takes the land.

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.

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 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 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 property is freehold and can be automatically renewed.

Legal basis: Civil Code

Article 359: [Renewal of the Right to Use Land for Construction Land] 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.

After 70 years of expiry on the land use rights of a dwelling, it can be automatically renewed without fear of being repossessed.

According to China's property law implemented in 2007, private individuals enjoy ownership of their legal income, houses, daily necessities, production tools, raw materials and other immovable and movable property, and their term is permanent.

The difference between land use rights and house ownership is that there is no time limit for house ownership, whereas land use rights have a time limit. 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 residential land being 70 years, the maximum period of industrial building land and comprehensive land being 50 years, and the maximum period of commercial building land being 40 years.

Now, China has implemented a unified registration system for real estate, the real estate certificate and the land certificate have been combined into one, and the residential land still has a maximum use period of 70 years.

Those who have constant birth have perseverance". The draft of each sub-part of the Civil Code stipulates that the right to use land for residential construction will be automatically renewed upon expiration, which means that the house we purchased can be automatically renewed after the expiration of the 70-year land use right, without worrying about the land being repossessed, which reflects the protection of people's property rights.

Seventy-year property rights calculation method

1. The starting date of the property right of the house is calculated from the date when the developer obtains the right to use the land. Generally speaking, when the developer obtains the land use certificate, the real estate has not yet been developed, and some can even be developed after a few years, so when the residents move in, the property rights of the house will be less than the approved years. Second-hand housing is no exception.

2. 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 right transfer shall be determined according to the following purposes: 70 years for residential land; 50 years for industrial land; 50 years of land for education, science and technology, culture, health and sports; 40 years for commercial, tourism and entertainment land; 50 years for comprehensive or other land use.

3. After the expiration of the land use period, a certain percentage of the land transfer fee will be paid to extend the service life, and the newly implemented property law stipulates that the residential property will be automatically renewed after 70 years, and there are no detailed provisions on how to deal with the land after the expiration of other properties, usually it is necessary to apply to the management department, and pay a certain fee for renewal after approval. There are no clear regulations yet.

Auto-renewal. The real estate certificate (premisespermit) is a document that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law.

Homeowner credentials to manage and use their own home. In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.

After the 70-year tenure expires, the house remains with the owner of the house. The term of the property right only stipulates the land use right of the house, not the ownership of the house we buy, so as long as we have the legal title deed, then the house is our private property, and the state only has the land right under our house. According to Article 359 of the Civil Law 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, and the payment or reduction of renewal fees shall be handled in accordance with the provisions of the administrative regulations on pure and clever destruction of the law.

The extension of the term of the right to use the land for non-residential construction shall be handled in accordance with the provisions of the law, and the houses on the ten land shall be owned by other immovable properties, and if the right agreement is not made, it shall be handled in accordance with the provisions of the laws and administrative regulations.

1. After the expiration of the 70-year property right of the house, the owners of the community can jointly apply to the local land and resources bureau to apply for automatic renewal and pay the extended land use right transfer fee as required. Generally speaking, the land use right transfer fee will be levied at 1%-10% at that time.

2. If the old house has similar compensation for demolition, if the house is too old or has become a dilapidated house, and the state also requires the resumption of land or buildings on the ground, then the state will generally tremble and will compensate the owner accordingly in accordance with the relevant laws and regulations on housing expropriation. In other words, it will be solved by a method similar to demolition and resettlement.

To sum up, if the property rights of the house expire, you can renew it by paying the money. If the state does not allow the use to continue, the homeowners can also receive compensation for the demolition.

Legal basis: Article 12 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights Article 12 The maximum term of land use right transfer shall be determined according to the following purposes: (1) 70 years for residential land; (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.

Article 41 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights Article 41 Land use rights may be renewed upon expiration of land use rights. 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.

When does the 70-year property right start to count?

There are 3 points in the calculation time of 70 years of housing property rights, which are:

1) The starting date of the term of the property right of the house is calculated from the date on which the developer obtains the right to use the land.

2) In accordance with Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights.

The maximum term of land use right transfer shall be determined according to the following purposes: 70 years for residential land; 50 years for industrial land; 50 years of land for education, science and technology, culture, health and sports; 40 years for commercial, tourism and entertainment land; 50 years for comprehensive or other land use.

3) After the expiration of the land use period, a certain proportion of the land transfer fee will be paid to extend the service life.

The newly implemented property law stipulates that the residential property will be automatically renewed after 70 years, and there are no detailed regulations on how to deal with the land after the expiration of other properties. There are no clear regulations yet.