What to do with the house after the expiration of 70 years, what to do after the expiration of the h

Home ownership includes home ownership and land use rights.

Homeownership refers to the exclusive right of the owner of the house to dispose of all his or her home, which means that you can choose to live in it yourself or sell it, and you can dispose of it as you wish. There is no time limit to the ownership of the house, as long as the house is not damaged, you can always own it, which is personal private property.

As the name suggests, you only have the right to use, not you, and the ownership belongs to the state and the collective. Generally speaking, the land at the foot of commercial housing has a maximum use right of 70 years. When we talk about the 70-year property right of the house, we are talking about the land use rights.

It should be noted that the time of property ownership is calculated from the time the developer acquires the land.

According to state regulations, after the expiration of 70 years of property rights, there are two situations:

One is that the land use authority of the house is full, and you can choose to go to the relevant department to extend the land use authority, and the specific method is jointly proposed by all the owners to pay the land transfer fee.

Another situation is that the state will take back your land and house, and this situation will generally compensate the owner accordingly, similar to the method of demolition and resettlement.

In general, even if the property rights expire, the house can still be lived in, and even if you want to repossess your house, you will be compensated accordingly. So when you buy a house, you don't have to worry too much about the expiration of the property right.

Legal basis]:

Article 149 of the Property Law: Renewal of the right to use construction land and ownership of houses and other immovable properties on the land.

If 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.

The land use right is 70 years, and the ownership of the house is permanent, and the land use fee can be paid after the expiration.

Recently, the draft of the Civil Code clearly mentions that if the term of the right to use land for residential construction expires, it will be automatically renewed. The payment or reduction of renewal fees shall be in accordance with the provisions of laws and administrative regulations.

This means that the residence will be automatically renewed after the expiration of 70 years, either free of charge or with a partial fee.

After the expiration of the 70-year property right of the house, will the house be repossessed by the state?

The land belongs to the state, and the house is yours.

Many buyers will pay more attention to the age of the property when buying a house, but according to the nature of the land where the house is located, the service life of the house is also different, and the only thing that remains unchanged is the residential building with 70-year property rights. So, what to do after the house expires in 70 years? What is the difference between a 40-year property right and a 70-year property right?

Let's find out together.

The house can be renewed after the expiration of 70 years, and in accordance with the relevant laws and regulations of our country, the residential construction land with the expiration of the right to use can be automatically renewed. However, it must be jointly proposed by the owner of the house, and the land transfer fee must be paid, and the ** of this transfer fee must be lower than the ** of the same type of land transfer fee, just like the difference between the cost price or the market price. If the land user does not apply for renewal, the state will repossess it free of charge.

The difference between a 40-year property right and a 70-year property right.

1. The nature of the land is different.

There is a difference in the nature of the land between the 40-year property right and the 70-year property right dwelling, the 70-year property right house is the land that belongs to the nature of civil housing, while the 40-year property right house belongs to the commercial and recreational building land.

2. The share ratio is different.

In terms of the proportion of public ownership, there are different differences between 40-year property rights and 70-year property rights, and the requirements of 40-year property rights are higher than those of 70-year property rights in terms of design standards, and the stairs and halls of 40-year property rights houses have increased a lot of shared area to a certain extent.

3. The account is different.

The 40-year property right house is not the same as the 70-year property right house, the 40-year property right house is imitating the inability to go through the relocation procedures, while the 70-year property right can help the transfer problem, and the 40-year property right house will also affect the child's academic problems in the future.

Article summary: The above is about what to do after the expiration of the house in 70 years and what is the difference between 40-year property rights and 70-year property rights, I hope it will be helpful to everyone. If you want to know more about it, please stay tuned to Qeeka Home.

Legal Analysis: For Expired Houses: 1

If the state wants to reclaim the land, if the state needs to reclaim the land in the public interest, the owner of the house can apply to the state for certain compensation. If the land user does not apply for renewal, the land use right and the property will be recovered by the state free of charge. Home ownership disappears naturally; 2.

The State is not required to reclaim the land, and if the State does not need to reclaim the land, it shall be allowed to extend the term of the land use right. Apply for renewal of the land use period one year before the expiration of the land use period.

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

Article 721 The lessee shall pay the rent within the agreed period. Where there is no agreement on the time limit for the payment of rent or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the lease term is less than one year, it shall be paid at the expiration of the lease term; If the lease term is more than one year, it shall be paid at the expiration of each year, and if the remaining term is less than one year, it shall be paid at the expiration of the lease term.

Article 722 If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.

Legal Analysis: A 70-year property can be automatically renewed after expiration. 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.

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 in accordance with the provisions of laws and administrative regulations.

The renewal of the right to use land for non-auspicious residential construction after expiration shall be handled in accordance with the provisions of the 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 land belongs to the state, and the house is yours.

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?

After the expiration of the 70-year property right of the house, will the house be repossessed by the state?

The 70-year property will be automatically renewed upon expiration, and there is no need to apply for renewal. As for whether it is necessary to pay back the land transfer fee, there is no clear regulation at present. If the state needs to take it back after the expiration date, it will compensate the owner accordingly and solve it by a method similar to demolition and resettlement.

The land belongs to the state, and the house is yours.