What should I do when the 70 year property right of the land 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.

With the soaring housing prices, the knowledge of all aspects of real estate has also been paid attention to, with complete five real estate certificates, 70-year property rights, public sharing, and greening rate. The terms of volume, floor height, house transfer, etc., have gradually become familiar to people. As we all know, the longest land use right in China is 70 years, which is residential land, followed by industrial land for science, education and culture for 50 years, and commercial tourism and entertainment land for 40 years.

Qiu Baoxing of the Ministry of Housing and Urban-Rural Development once disclosed that the average life span of buildings in China is 30 years. When the 30-year life of the building is up, or the 70-year right to use is up, where will the house and the owner go, many people have not thought deeply about what to do with the house after the expiration of the 70-year property right? According to the relevant policies of our country:

70-year property right refers to the legal provisions of our country, "land use right" and "house property right" are two different concepts, the maximum term of land use right transfer is: 70 years of residential land, after the expiration of 70 years of land use, the land is nationalized, and the buildings on the ground still belong to the owner, that is, 70 years of property rights. If you apply for land use right again, you should pay the land transfer fee according to the land price level at that time.

How to deal with the land use right after the expiration of 70 years of property rights: 1. The land user submits an application for renewal to the land management department, and it shall be approved unless it is required to recover it according to the public interest. If the renewal is approved, the land use contract shall be re-signed and the land use fee shall be paid.

In this way, your ownership of the property continues. Of course, except for those that have become dilapidated houses and are forcibly demolished. 2. If the land user does not apply for renewal, the land use right and the above-ground real estate shall be recovered by the state free of charge.

Home ownership will naturally disappear. 3. If a land user submits an application for renewal and does not approve the renewal according to the law (i.e., if it needs to be recovered according to the public interest), the state will recover the land use right free of charge, but for the above-ground real estate, corresponding compensation will be given according to the residual value at the time of resumption. Today, housing prices are still soaring!

For working-class people, buying a house is a lifelong event, and they may not be able to afford a house until they are old. Leaving a house to children and grandchildren seems to be very impossible in the current social environment. After the expiration of the 70-year property right, you can only wait for renewal or compensation.

And many owners of houses believe that 30 years of building life, in fact, is irrelevant, because the house itself, is more and more old, buy a house investment, value preservation, its income is mainly in the appreciation of the land, even if the building life of the house is up, as long as the land use right is still there, it can still play a role in maintaining value. Therefore, for the owner of the house, the ideal state should be - the building life of the house should be demolished and rebuilt, but their own interests must be protected.

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.

When the term of land transfer is reached, it will be automatically renewed if it is residential land, and if it is other types of land, it can be renewed. If it is necessary to renew the contract, the contract shall be re-signed, the land use right transfer fee shall be paid, and the registration shall be completed.

Legal basis] Article 359 of the Civil Code, 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. Shouting and fighting.

The renewal of the right to use non-residential construction land after the expiration of the term shall be handled in accordance with the provisions of Zhengmo law. If there is an agreement on the property of the houses and other immovable properties on the land, the agreement shall be followed; 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 title can be automatically renewed at the expiration of 70 years.

Housing property rights refer to the ownership period of housing construction property rights, including: civil residential buildings, commercial buildings, and industrial buildings. The tenure of general civil residential buildings is 70 years; 50 years of land for science and technology, culture and sports; 50 years for industrial, comprehensive or other land; The land tenure for commercial, tourism and entertainment facilities is 40 years.

Generally speaking, commercial housing refers to a house with a property right of 70 years.

There are two solutions after the expiration of the 70-year title:

1. Extend the term of land use rights.

When the land use right expires, 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 there is compensation for similar demolition of old houses.

If the house is too old or has become a dilapidated house, and the state also requires the resumption of the land or buildings on the ground, then the state will generally 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 the demolition and resettlement of Li Shenqian.

Land property rights refer to the sum of all rights in relation to land property. Generally described by "bundle of rights", land property rights include a series of distinctive rights, which can be owned in a decentralized manner, and when aggregated together, they represent a "bundle of rights", including land ownership and various rights related to it and relatively independent, such as land ownership, land use rights, land lease rights, land mortgage rights, land inheritance rights, easements, etc.

Zhongqing disturbs the Urban Real Estate Management Law of the People's Republic of China

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. Fifty years of industrial land;

3. Fifty 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 When the term of land use right expires, land users may apply for renewal. 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.

Legal analysis jujube bucket: If the term of the right to use residential construction land expires, it will be automatically renewed. Upon the expiration of the term agreed in the land use right transfer contract, if the land user needs to continue to use it, he or she shall apply for renewal no later than one year before the expiration of the term, and shall approve the resumption of the land unless it is necessary to recover the land in the public interest.

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.

Legal basis: Article 266 of the Civil Code of the People's Republic of China: A person who has been privately informed of the destruction has ownership of his lawful income, houses, daily necessities, production tools, raw materials, and other immovable and movable property.

Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights Article 12 The maximum term for the transfer of land use rights shall be determined according to the following purposes: (1) 70 years for residential land; (2) 50 years of land mill land for industrial benches; 3. Fifty 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.