How many years is the service life of the commercial house?

How many years of property rights of commercial housing refers to the ownership period of housing construction property rights, including: civil residential buildings, commercial buildings, and industrial buildings. There are generally 70 years, 50 years and 40 years for the term of commercial real estate, and the specific number of years of commercial property rights is closely related to the nature of commercial housing.

According to the use of commercial housing, commercial housing is divided into three natures: one is residential housing, which refers to the housing that provides family and personal living and residential use, and its property right period is 70 years; The other is commercial buildings, which refer to houses used for commercial, industrial, tourism, office and business activities, and their property rights are 40 years; In addition, there is a kind of commercial and residential housing, most of which are urban complex real estate, and its property rights are 50 years. To put it simply, the property right is 70 years for residential property, 50 years for commercial housing, and 40 years for pure commercial housing.

However, the specific calculation time of the term of the commercial property right is calculated from the day the developer acquires the land.

Summary:

The service life of commercial housing is 70 years, so some people may have such questions, where will the ownership of the house go after 70 years, and what should be done after expiration? Don't worry, now answer the question of the expiration of the service life of the commercial house.

The service life of the commercial house

Article 149 of the Property Law clearly stipulates that "after the expiration of the right to use land for residential construction, it shall be automatically renewed." The Property Law divides the right to use construction land into two parts:

the right to use land for residential construction and the right to use land for non-residential construction; There are also different provisions for the renewal of the two types of use rights. "After the expiration of the right to use residential construction land, it will be automatically renewed", and there is no need for ordinary people to apply for renewal or wait for the approval of the relevant departments. However, after the expiration of the "land use right for non-residential construction land", it cannot be automatically renewed, but in accordance with the relevant laws and regulations, an application is submitted to the relevant departments such as land management, and it can only be renewed after approval.

In accordance with the principle of separating ownership from the right to use, the State shall carry out the assignment and transfer of the right to use state-owned land in cities and towns. The transfer of land use rights refers to the act of the state as the owner of the land to transfer the land use right to the land user for a certain period of time, and the land user pays the land use right transfer fee to the state. The maximum term for the transfer of land use rights shall be determined according to the following purposes:

1. 70 years of residential land;

2. 50 years of industrial land;

3. 50 years of land for education, science and technology, culture, health and sports;

4. 40 years of commercial, tourism and entertainment land;

5. 50 years for comprehensive or other land use.

The maximum service life of the commercial housing mentioned above is 70 years. The transfer of land use rights refers to the act of re-transferring land use rights by land users, including **, exchange and addition. At the time of transfer, the obligations and rights contained in the contract for the transfer of land use rights and the registration documents are transferred accordingly.

The service life of a land use right obtained by way of transfer shall be the remaining term of use after the service life stipulated in the land use right contract minus the service life of the original land user. The reduction in the term of office mentioned in the petition is due to the fact that the real estate company has already calculated the term of the land transfer when it receives the land, and when it is transferred to the petitioner again, the term of use of the land shall be reduced in accordance with the provisions of the transfer. With regard to the issue of the expiration of the right to use land for residential construction, the Property Law of the People's Republic of China also stipulates that Article 149 states that "if the term of the right to use land for residential construction expires, it shall be automatically renewed."

The above was published on 2014-07-18, the current relevant housing purchase policy please refer to the actual situation).

70 years refers to the right to use the land, and the house is yours forever. Let's put it this way: **Sell the right to use this land for 70 years, and then he builds a house on it, you buy this house, the house will always be yours, but after 70 years, the land under the house is the state. It can't be said that the developer will buy the land forever with a little money, but no matter how long the house is still yours, that's what it means.

If the time comes, the demolition will only compensate you for the money of the house, not the money for the land. According to the relevant regulations on the service life of land transfer in China, there are the following types: 1. 70 years for residential land (commercial housing land).

2. 50 years for industrial land (factories, industrial zones). 3. The land for education, science, culture, health and other land with welfare properties shall be 50 years. 4. The land for profit-making projects such as commerce, entertainment, and tourism shall be used for 40 years.

5. 50 years for other comprehensive land.

The service life of commercial housing is 50 70 years, which is the land use period, but the property right of the house you buy belongs to you, but there is a problem that the house will always be yours, but the land belongs to the state, and when the land use period expires, then there will be a situation that the house and the land are inseparable, which is the so-called real estate. Then there may be two situations, one is eviction, and the other is the renewal of the land use period.

There are three types of commercial housing: one is ordinary residential commercial housing, with a service life of 70 years. The second is commercial and residential commercial housing, with a service life of 50 years. The third is a pure commercial commercial house with a service life of 40 years. Are you buying a commercial and residential commercial house!!

70 years.

Commercial housing in China emerged in the 80s, it refers to the approval of the relevant departments, by the real estate development and management company individuals, foreign companies to the first government agencies to rent land use rights for a period of 40 years, 50 years, 70 years of development of housing, after the completion of the market for rental housing, including residential, commercial buildings and other buildings. Commercial housing is also known as large property right housing.

Commercial housing is composed of cost, tax, profit, collection fee, location, level, orientation, quality, material price difference, etc. In addition, from a legal point of view, commercial housing refers to all kinds of commercial housing that can be freely traded in the market in accordance with laws, regulations and relevant regulations, and is not subject to the restrictions of the first policy, including newly built commercial housing, second-hand housing, etc. According to the different sales objects, commercial housing can be divided into two types: export commercial housing and domestic commercial housing.

Legal analysis: the service life of commercial housing is 70 years.

Legal basis: "Interim Regulations 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) Residential land for 70 years;

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.

The land use period of commercial housing is 70 years. The term of land use property rights of the land to which the residential land belongs is 70 years, and after the expiration, the land transfer fee can be automatically renewed according to the land price level at that time, and the land use right can be applied for again.

[Legal basis].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:

1) Residential land for 70 years;

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 359 of the Civil Code.

If the period of authority 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.

The service life of commercial housing is 70 years, and the law of our country stipulates that the maximum term of land use right transfer shall be determined according to the following purposes: (1) 70 years of 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 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights.

The term of the right to use land for residential construction is 70 years, and it can be automatically renewed upon expiration. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations.

Ownership of a home (i.e. the right to a property) is perpetual and has no time limit, as long as the property is not completely destroyed or lost. Legal basis: Article 359 of the Civil Code provides that 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.

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.

1. The maximum term for the transfer of land use rights shall be determined according to the following purposes:

1) Residential land for 70 years;

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.

2. The 70-year term of commercial property rights is not the tenure of the house, but the tenure of the state-owned land where your house is located.

1. The number of years will be indicated on the real estate certificate (including the last land use period).

2. If the house is still in the house after expiration, you can only pay the land tax. Because the age of the land is up. But the house is still yours.

3. If the house is going to be demolished. ** Will reassign you reassigned. The tenure is also recalculated: 70 years refers to the tenure of the state-owned land of the plot, not the tenure of the house.

3. The State stipulates that land for urban construction shall be state-owned, and individuals and enterprises may use it for compensation and trade the right to use it. The land tenure of residential land is 70 years from the date of acquisition of the land. As long as the purchased property has a legal title deed, it is the private property of the individual, and as long as the property still exists, the individual has the ownership of the property.

Article 21 of the Law on the Administration of Urban Real Estate stipulates that if the term agreed in the land use right transfer contract expires and the land user needs to continue to use it, he shall apply for renewal no later than one year before the expiration. If the term is renewed, the land use right transfer contract shall be re-signed, and the land use right transfer fee shall be paid in accordance with the regulations.

This provision states that upon the expiration of the land use period, the user may apply for continued use of the land if he wants to continue to use the land. Relevant legal knowledge: What are the risks of buying a commercial house with incomplete procedures?

1. The time limit for obtaining the ownership certificate cannot be determined;

2. In order to obtain the ownership certificate, you need to pay additional fees, and you need to pay the land transfer fee;

3. Only the right to use can be obtained, the ownership certificate cannot be obtained, and the listing and trading cannot be obtained;

4. It may be forcibly demolished by illegal construction. According to the nature of the land, the service life of the commercial housing can be determined, under normal circumstances, the service life of the property is 70 years, but if it is a commercial residence, the corresponding service life is 40 years, which is also to distinguish clearly. In reality, if you buy a commercial house with incomplete procedures, the legal risk to be borne by the buyer at this time is greater.

Commercial housing in layman's terms, refers to all kinds of commercial housing that can be freely traded in the market according to laws, regulations and relevant regulations, and is not subject to the restrictions of the first policy, including commercial housing, including newly built commercial housing, second-hand housing, etc., and commercial housing is limited by the service life, thenThe service life of the commercial houseHow much? What happens when its useful life expires? Below, we will answer you in detail, and I hope to help you.

What is the service life of a commercial house?

The service life of commercial housing is 70 years, in fact, the so-called 70 years of commercial property rights is not the ownership of the house, but the use of the state-owned land where your house is located. 70 years refers to the tenure of the state-owned land of the plot, not the tenure of the house, and the tenure of the residential land is 70 years, calculated from the date of acquisition of the plot.

What should I do if the service life of commercial housing expires?

According to the current demolition policy, it is unlikely that the buyer will suffer significant economic losses due to the service life of the commercial house, unless it involves issues such as future inheritance. When it comes to issues such as the service life of commercial housing, in the long run, the introduction of property tax will be an effective solution. However, at present, there are no corresponding laws and regulations, and it is still far from the service life of commercial housing, once the owner can not accept the specific rules of compensating for low prices, it may cause social problems at a certain level.

Although there is no policy in place at present, with the passage of time and the emergence of local contradictions, this problem will be effectively resolved, and the knowledge does not rule out the possibility of causing disputes and complaints in the short term. Since the land belongs to the state, the owner has the temporary right to use the land, and the state has the right to take it back, so there is a contradiction between the state land ownership and the service life of the commercial housing.

After the expiration of the land use period, the state will take back the land, and the property owner can go through the procedures for the transfer of land use rights again, sign a land transfer contract, and pay the land transfer fee to the state. If the house is to be demolished and the land to be recovered after 70 years due to urban construction or other ** behaviors, the owner will also be given corresponding subsidies according to the relevant demolition and relocation management measures.

The exchange of housing property rights refers to the exchange of the property rights of the houses built or purchased by the demolition party and the house property rights of the demolished people, during which the price difference will be settled according to the evaluation of the demolished houses and the market ** of the exchanged houses. The exchange amount of housing property rights is also one of the ways of compensation for housing demolition and resettlement, which is characterized by the use of physical forms to reflect the compensation for the demolished.

The above is what is the service life of the commercial housing brought to you? What should I do when the years of regret expire? All of it.