What is home ownership? What is the right to property?

Hello, house property rights refer to the rights enjoyed by the owner of the property in accordance with the laws of the country, that is, the sum of the rights and interests of the house, that is, the right of the owner of the house to occupy, use, benefit and dispose of the house property. The term of ownership of the house is permanent, and the right to use the land varies from years to 70 years according to the relevant laws and regulations.

Commercial housing, housing reform housing (purchased public housing), listed housing reform, affordable housing and stock housing.

Specific meaning: commercial housing: refers to the houses invested and built by various real estate development companies for the purpose of profit and operated according to market rules.

Housing reform housing (purchased public housing): refers to the public housing purchased by the employees of the unit at cost price, standard price or *** in accordance with the relevant housing sales policy of the national housing reform. Housing projects built by units and housing built by fund-raising cooperation purchased by employees at cost price or standard price in accordance with national policies.

Listed housing reform: It means that after the housing reform house is listed and traded once, the attached column of the property right certificate will be marked as listed housing reform.

Affordable housing: refers to the housing that has been included in the national plan, built by the city's ** real estate development enterprises or fund-raising housing units, and provided to urban low- and middle-income families at a low profit. It is a commercial housing with the nature of social security.

Stock housing: refers to the property right house after one transaction of commercial housing or after one transaction of listed housing reform, as well as more than two transactions, and the attached column of the property right certificate will be marked as stock housing. After the transaction of the stock house, it is still the stock house.

Housing property rights refer to the rights enjoyed by the owner of the property in accordance with the laws and regulations of the country, that is, the houses.

Legal analysis: real estate rights refer to the property rights of houses, which are the sum of the rights and interests of the owners of the houses in accordance with the relevant laws and regulations of the state. The property right of the house is composed of the ownership of the house and the state-owned land use right of the land where the house is located, the ownership of the house has no term, but the state-owned land use right is limited according to the relevant provisions of the state-owned land, the term of the land use right for different purposes is different, the land where the house is located is generally residential land, and the term of the land use right is 70 years.

Before the expiration of the state-owned land use right, the user shall apply to the land management department for renewal, and after the renewal is approved, the land transfer agreement shall be re-signed, and the user shall re-obtain the state-owned land use right after paying the land transfer fee in accordance with the land transfer agreement.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level.

Legal analysis: Housing property rights refer to the property owner's ownership of the house and the right to use the land occupied by the house, and the generation and change of the rights of the house property rights must be registered in accordance with the law and take legal effect.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

Housing property rights mainly refer to the rights enjoyed in accordance with the laws and regulations of the state, and are also the sum of the rights and interests of the house, that is, the right of the owner to occupy and use the property of the house, and dispose of it. The term of house ownership is permanent, but the land use right is 40 years, 50 years and 70 years according to the relevant laws and regulations, and can be renewed after expiration.

How many years is the property of the house.

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.

What to do with the expiration of the property rights of the house.

1. Re-sign the contract and renew the transfer fee After the expiration of the land use right, if it is the state's first land, the property owner can re-go the land use right transfer procedures, and then sign the transfer contract and pay the land transfer fee to the state.

2. The state recovers the land and above-ground buildings, compensates the owners of the state's direct land buildings and land, and compensates the owners of the houses, so that the homeowners can use the compensation fees to buy houses again in other places.

3. The state recovers the land and solves the right to use the house by means similar to demolition and resettlement, so as long as the owner has a legal property right certificate, the house is private property and does not belong to the state. An individual can have ownership of a home as long as it is still there.

The so-called house property rights refer to the house owner's rights to the house owner, such as the use of the house and the income, the property rights of the house are mainly the house ownership and the right to use the land, the property rights belong to private property is permanent, as long as the property rights of the house all the property rights will not expire, but the land use right has a certain number of years, you can refer to the nature of the land on the house ownership certificate, divided into different years.

Differences in property rights:

1. The pricing standards of water and electricity charges are different.

For a house with a 40-year or 50-year property right, the water and electricity costs for the banquet are paid according to the commercial **, so the daily living cost is relatively high, and the 70-year property right is paid according to the cost of water and electricity.

2. Settle down. Although different cities have different regulations, most of them can only be settled in ordinary houses, or serviced apartments based on residential land, such as many houses with 40 or 50 years of ownership.

3. Differences in shared area.

In fact, the property rights of the house should be divided into two parts, the ownership of the house and the right to use the land, the meaning of these two parts of the rights and interests is completely different, so there are two statements that the term of the house property right is limited and the house belongs to itself forever. Home ownership refers to the right of the owner of the house to have exclusive control over the house he owns. The ownership of a house is a personal property right, a type of private property right, which has no time limit, and can be enjoyed as long as the property is not completely destroyed.

On the other hand, the land use right is limited by the number of years, which I believe you also understand very well, land resources are limited, and the land belongs to the state, and the individual owner only has the right to use the land, not ownership, and the land use right is the land use right transferred by the state to organizations, institutions and individuals. The land used by the developer to build the house is rented from the state according to a certain number of years, so there is a term of property rights for the house.

Can I buy a house without title?

It is not recommended to buy a house without property rights, because after buying a house without property rights, buyers need to face a lot of risks.

1. The contract is invalid.

Buying a house without property rights will face the risk of invalidating the contract, it is very important to know that the purchase contract is very important, if the contract for buying a house is invalid, then the transaction between the buyer and the seller is also invalid. According to the provisions of the Contract Law, after a contract is invalid or revoked, the property acquired as a result of the contract shall be returned, and if it cannot be returned or there is no need to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered thereby, and if both parties are at fault, they shall each bear corresponding responsibility.

2. The house was sold by one room and two houses.

If you don't have a property right for a house, even if you buy it, you can't prove that the house belongs to you, because a house without property rights means that you can't get a real estate certificate. A house without a title deed is riskier when it comes to trading, and both buyers and sellers should be cautious. For the buyer, the homeowner has the opportunity to sell the property to a third party with a higher bidder before obtaining the title deed.

3. Compensation cannot be obtained.

With the development of the city and the passage of time, batches of old houses will definitely be demolished slowly, everyone knows that there is compensation for the demolition of the house, but you must also know that the house without property rights may face the risk of no compensation for demolition. Buyers living in a house without a title deed have to worry that they will lose their house, because if a house without a title deed is demolished, the buyer may not be compensated for the lack of a title deed.

Legal analysis: It is the rights enjoyed by the owner of the property in accordance with the laws and regulations of the state, that is, the sum of the various rights and interests of the house, that is, the right of the owner of the house to occupy, use, benefit and dispose of the property of the house. The property right of the house consists of two parts: the ownership of the house and the right to use the land, the former for a permanent period and the latter for a limited period.

Legal basis: Civil Code of the People's Republic of China

Article 266: Private individuals enjoy ownership of their lawful income, houses, daily necessities, production tools, raw materials, and other immovable and movable property.

Article 271: The owner shall have ownership of the exclusive parts of the building, such as residential and commercial buildings, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.

Article 359 Where the term of the right to use state tourist 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.

The property right of the house refers to the rights enjoyed by the owner of the property in accordance with the laws and regulations of the state, that is, the sum of the rights and interests of the house owner, that is, the right of the owner of the house to occupy, use, benefit and dispose of the property of Zhengzhong. The property right of the house is composed of two parts: the ownership of the house and the land use right, the term of the house ownership is permanent, and the land use right is in accordance with the relevant laws and regulations for years or 70 years, and the renewal fee is increased by 1%-10% at that time (i.e., the transfer fee of the land use right).