Can I still live in the land when the land use period expires?

Updated on society 2024-03-01
10 answers
  1. Anonymous users2024-02-06

    No, because after the expiration of the land use period, the state will take back the land use right, and the land will be disposed of separately, because the life of the house itself is only a few decades, and the land will also compensate the residents, and how many of the current houses will have to live there until 50 years, there are developers who will develop it, and make up compensation for it, and there are municipal construction plans to plan, and they will also compensate, if it is a house or commercial façade to buy, there is no need to worry about this problem.

  2. Anonymous users2024-02-05

    The age of the house is actually related to the nature of the land on which the house is located. According to the current policy, the land use period of the land used for the land that has signed the "Land Use Right Transfer Contract" with the provincial and municipal planning and land management departments shall be implemented in accordance with the national regulations, that is, 70 years for residential land; 50 years of industrial land; 50 years of land for education, science and technology, culture, health and sports; 40 years of commercial, tourism and entertainment land; Fifty years for comprehensive land use or other land use. In addition, the land for gas stations and gas stations is 20 years.

    According to the current policy, when the land is used for a lifetime, the state will take back the land use rights without compensation. When the State recovers land and above-ground buildings, it may compensate the owners by means similar to demolition and resettlement.

    Therefore, when the buyer buys the house, the developer should be required to provide the land use right certificate, and the term indicated on it is the land use period of the real estate, and the property right of the house after the purchase is the buyer. After the expiration of the land use right, the right to use can be re-obtained by paying the land use fee. According to the provisions of the state, if a house that has obtained the ownership of a house continues to be used after the expiration of the land use right, it shall apply for renewal no later than one year before the expiration, sign a new contract for the transfer of land use right, and pay a certain amount of land use fee.

    Specific to residential communities, the owners of the houses can jointly propose to renew and pay the land use fee. The period for re-application shall not exceed 30 years. However, as for the amount of land use fees, there are no clear regulations on how much they will be.

  3. Anonymous users2024-02-04

    If the house belongs to an individual, it can of course be inhabited, and the land use right will be automatically renewed.

  4. Anonymous users2024-02-03

    You can live in it, the property right of the house belongs to the state, but the right to use it is still the person, if the state plan uses the house you live in, the state will compensate you financially.

  5. Anonymous users2024-02-02

    According to the relevant provisions of the Property Law, the term of residential land will be automatically renewed after expiration, while the relevant provisions of the Land Management Law amended in 2007 stipulate that if the term of use agreed in the land use right transfer contract expires and the land user needs to continue to use the land, he shall apply for renewal no later than one year before the expiration, and if the land needs to be recovered according to the public interest, it shall be approved. If the renewal is approved, 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. Where the term of use of the land use right expires and the land user does not apply for renewal or is not approved, the land use right shall be recovered by the state free of charge.

    The maximum land use period is 70 years, and the land use period is calculated from the date when the developer obtains the land use certificate of the land, that is, the time when the state first transfers the land. According to the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights, which came into effect on May 19, 1990, the maximum term of land use right transfer shall be determined according to the following purposes:

    Residential land (also known as commercial housing land): the land use period of the national uniform implementation is 70 years;

    Industrial land (also known as factories and industrial zones): the land use period is 50 years;

    Land for public welfare undertakings such as education, science and technology, culture, health, sports, etc.: The land use period is 50 years;

    Commercial, tourism and recreational land: The land use period is 40 years;

    Comprehensive or other land use: The land use period is 50 years.

  6. Anonymous users2024-02-01

    You need to pay a land transfer fee, and then you can continue to use it.

  7. Anonymous users2024-01-31

    What happens when the land tenure expires? Will the house be expropriated by the state? Who owns it?

  8. Anonymous users2024-01-30

    The current Property Law clearly stipulates that land use rights can be automatically renewed upon expiration. The property and the owner can jointly submit to the relevant local departments to obtain a new service life by paying the land transfer fee and re-signing the land use right contract.

    The legal basis for the relationship related to this article].

    Civil Code of the People's Republic of China

    Article 359: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. The ownership of the houses and other immovable properties on the land 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.

  9. Anonymous users2024-01-29

    There is a time limit for the use of residential land. The term of land use property right of residential land is 70 years, and upon the expiration of the term of use authority, the right holder can submit an application for renewal one year in advance, and pay the land transfer fee according to the land price level at that time, which will be automatically renewed.

    Legal basis] Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights.

    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. The term of land for education, science and technology, culture, health and sports is 50 years;

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

    5. Storage land for 50 years;

    6. 50 years for comprehensive or other land use.

    Article 359 of the Civil Code.

    If the period of authority for the use of 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, 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.

  10. Anonymous users2024-01-28

    Recently, the Ministry of Land and Resources received the Zhejiang Provincial Department of Land and Resources' "Instructions on How to Deal with the Expiration of the Right to Use a Few Residential Lands", and the local people in Wenzhou look forward to solving the problem of the expiration of the 20-year housing land use right as soon as possible, so as to facilitate their housing transactions, transfer and real estate registration procedures. In order to solve the practical problems currently faced by these people and safeguard their due rights and interests, the Ministry of Land and Resources and the Ministry of Housing and Urban-Rural Development shall reply and send a copy to the local land and resources management departments after consultation

    1. There is no need to apply for renewal. If the term of the right to use a small number of residential construction land expires, the right holder does not need to submit a special application for renewal.

    2. No fees. Municipal and county land and resources departments do not charge relevant fees.

    3. Handle the transaction and registration procedures normally. When such housing is traded, the real estate transaction and real estate registration procedures shall be handled normally, and the original start date and expiration date of the residential construction land use right shall be filled in when it comes to the "land use period", and the relevant procedures shall be indicated: "The relevant procedures shall be handled in accordance with the reply of the General Office of the Ministry of Land and Resources on properly handling the expiration of the right to use a small number of residential construction lands (Land and Resources Administration Letter No. 2016 1712)".

    1. What is the tenure of the land?

    1. Residential land (that is, what people often call commercial housing land).

    The land use period is 70 years.

    2. Industrial land (that is, what people often call factories and industrial zones).

    The land use period is 50 years.

    3. Land with welfare properties such as education, science, culture, and health.

    The land use period is 50 years.

    4. Land for profit-making projects such as commerce, entertainment, and tourism.

    The land use period is 40 years.

    5. Other comprehensive land.

    The land use period is 50 years.

    2. What are the ways to acquire land?

    1. Allocate the right to use state-owned land.

    Allocation of land use rights: refers to the act of handing over land users for use or free of charge after paying compensation and resettlement fees approved by the people in accordance with the law.

    2. Transfer the right to use state-owned land.

    It refers to the act of the state transferring the state-owned land use right to the land user within a certain period of time, and the land user pays the land use right transfer fee to the state.

    Transfer: It refers to the land use right to be transferred**.

    3. The state contributes and shares in the use right of state-owned land.

    It refers to the act of the state taking the state-owned land use right for a certain number of years as the value of the newly established enterprise after the reorganization as capital contribution, and the land use right is held by the newly established enterprise, which can be transferred, leased or mortgaged in accordance with the land management laws and regulations and the provisions on the transfer of land use rights.

    4. The state leases the right to use state-owned land.

    Refers to the land user and the land administrative departments at or above the county level, sign a land lease contract for a certain period of time, and pay the rent.

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