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The Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Use Rights clearly stipulate that the maximum term for the transfer of land use rights for residential land is 70 years. He argued that after the expiration of the 70-year land use right, the land would be nationalized, while the above-ground buildings would still be owned by the owners. If you apply for land use right again, you should pay the land transfer fee according to the land price level at that time.
Personally, I believe that the period for re-application can be the same as for the first application, which is also 70 years. ”
Lin Zengjie, professor and doctoral supervisor of the Department of Land Management of Chinese People's University, told reporters that from a global perspective, the land use rights of some Western countries are indefinite, so there is no such problem; In other countries, the term of land use rights is adopted, and after expiration, the land and houses on the land will be recovered and the difference in price will be compensated.
Lin Zengjie believes that there are three ways to solve this problem in China: First, allow the extension of the term of land use rights. It can be jointly proposed by the owners of the house to pay the land transfer fee, which should be lower than the same type of land transfer fee, similar to the difference between the cost price and the market price.
As for the period for re-application, it should not exceed 30 years. Second, the state recovers the land and above-ground buildings and compensates the owners. Third, it should be solved by methods similar to demolition and resettlement.
Lin Zengjie said that since the end of the last century, China has begun to buy houses by individuals on a large scale. China is really facing the problem of the expiration of 70 years of land use rights, and there are still about forty or fifty years to go, and during this time, we can refer to the opinions of all parties, formulate relevant legal provisions, and properly solve it.
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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.
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70 years is only the life of a real estate, generally about 25 years or the location is good, and the businessman likes to demolish it.
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The house is blasted from the construction, and then the house is planned from the past. Then you will spend a little more money to go in, and you will have a share of the land. You have to pay for the construction of the items
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You can only see what policy will be given after 70 years, and no one can do it now.
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If the 70-year property right of the house expires, will the house be ** by the state?
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Legal analysis: the house will still belong to you after the expiration of 70 years of property rights. The term of the property right of the house is the time period of the land occupied by the house, the land is owned by the state, and the individual only has the right to use, but the house on the land is owned by the individual and has ownership.
A house with a 70-year tenure is a residential property and will be automatically renewed upon expiration.
Legal basis: Article 209 of the Civil Code of the People's Republic of China Article 209 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.
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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.
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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.
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