What to do with the house after the property rights expire

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

The property right of the house refers to the ownership of the house, to prove that your house belongs to you, you must prove that the property right of the house belongs to you, and the property right of the house belongs to you. Next, I will tell you what the property rights of the house include, and how to dispose of the property rights when they expire. What property rights include refer to the sum of the rights and interests of the owner of the property in accordance with the laws of the state, that is, the right of the owner of the house to occupy, use, benefit and dispose of the property.

The term of house ownership is permanent, while the land use right varies from one year to 70 years according to relevant laws and regulations. Housing property rights refer to the full ownership of the house owned by the owner of the house, mainly including the right to occupy, use, dispose of and benefit from the house. The Marriage Law stipulates that if the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children, and the immovable property shall be recognized as the personal property of one of the spouses.

If the future loan is repaid by the woman's parents, the son-in-law does not have the property right to the house. What to do when the property right expires1 The property right refers 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. After the expiration of 70 years, if the house has no quality problems and can continue to live in it, then the land use right of the house can be re-obtained by paying the land use right of the land occupied by the house.

2 At this stage, China's residential houses can be divided into state-owned residences according to property rights; Collectively owned dwellings by the working masses; privately owned dwellings of citizens; Residences owned by other economic organizations (e.g., Sino-foreign joint ventures, etc.). Non-residential housing is mainly owned by the whole people (state property) and collective ownership, while the property owned by other economic organizations is only a small amount.

3 You own the house and it does not expire, and the time limit is the land use right occupied by the house. In our country, it is divided into state-owned land and collective land, and we only have the right to use the land. The tenure of general residential land is 70 years (after 70 years** can be repossessed without compensation), commercial land is 40 years, industrial and other land is 50 years, and the time is counted from the time when the developer acquires the land.

The property right of the house is a very strong proof of the ownership of the house, and I think this article will bring you more or less help. Therefore, the article tells you what the property rights of the house include, and what to do when the property rights expire. I hope it can help you understand some of this knowledge and help you.

Legal analysis: After the expiration of the property right of the house, there are three ways to deal with it, one is that in the case of the quality and safety of the house, after the property right expires, the owner can apply for renewal, sign the contract for the paid use of the land after the application is approved, pay the corresponding fees, and regain the land use right. The second is to use the state to land and houses, and give one-time compensation.

After the expiration of the property right, if the house has serious quality and safety problems, the house will be demolished, and there will be corresponding compensation for demolition.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 22 The expiration of the term of use agreed in the land use right transfer contract, if the land user needs to continue to use the land, it shall apply for renewal no later than one year before the expiration, except for the need to recover the land in the public interest, it shall be approved. If the renewal is approved, a new contract for the transfer of land use rights shall be signed, and the land use right transfer fee shall be paid in accordance with the regulations.

Where the term of use agreed in the land use right transfer contract expires, and the land user does not apply for renewal or applies for renewal but is not approved in accordance with the provisions of the preceding paragraph, the land use right shall be recovered by the state free of charge.

1. After the expiration of the 70-year, 40-year, and 50-year land use period of the house property right, the land will be nationalized, but the house is still owned by the owner.

2. After the expiration of the property right of the house, the owner of the house can apply for renewal to the land management department where the house is located, and after the application is approved, the land use contract will be re-signed, and the land transfer fee will be paid according to the price level of the land travel stove jujube at the time of signing the contract at that time, so as to regain the land use right.

3. There should be many factors to determine the specific property rights, and it cannot be simply converted according to time, so it is recommended that you refer to the local similar housing prices.

Nowadays, the property rights of houses are mainly 70 years, and some are 40 years and 50 years. So have you ever wondered what to do when the property rights of the house you bought expire? This is a question worth thinking about, what to do when the property rights expire, there are three main methods, let's take a look at it next.

1. The State shall repossess the house and compensate for it.

This method is relatively simple, the spring state directly collects the envy back to the house, and pays financial compensation to the owners, and the owner of the house can use this compensation to buy a new house to live in other places. Of course, this one-time compensation must meet the standard of the homeowner to purchase a new house, and the corresponding market ** compensation will be made according to the current location, area, and house type of the house.

2. The State shall recover the land and demolish and resettle the owners.

The right to use the house is indefinite, and as long as the buyer has a legal title deed, the house is private property. Ownership of the house is vested as long as it is still there. The specific solution could be that the state will take back the land use rights, the houses will go with the land, the houses of individuals will also be taken back, and the state will build resettlement houses elsewhere and give the owners certain compensation.

3. Re-sign the contract and renew the transfer fee.

After the land use period has expired, the owners can go through the procedures for the transfer of land use rights again, sign the land transfer contract, and pay the land transfer fee to the state. The specific amount of this land use fee needs to be clearly stipulated in the law once the owner of the house is unwilling to pay it, and whether the law allows the forced demolition of the owner's house.

If the land use right of commercial housing expires, the residential land can be renewed. The owner of the house should submit an application for renewal to the land management department, and the renewal can be successful if there are no special changes to the land. If the renewal is not processed or the state requires the land to be recovered, a certain amount of compensation will be paid.

1. What to do after the property rights of the house expire

According to the current law, if the land use right of commercial housing expires, the residential land can be automatically renewed.

First, according to Article 149 of China's Property Law, the situation after the expiration of the property right of the house is stipulated:

1. When the time of the right to use the land for residential construction expires, it can be automatically renewed.

2. The ownership of houses and other immovable properties on the land shall be executed in accordance with the agreement if there is an agreement, and the immovable property that is not agreed or the immovable property with unclear filial piety shall be handled in accordance with the provisions of laws and administrative regulations.

After the expiration of the term agreed in the land use right transfer contract, if the land user continues to use the land, he may apply for renewal one year before the expiration of the time limit, and other renewal applications shall be approved except for the recovery of the land in accordance with the public interest, and if the land is renewed, the land use right transfer contract shall be re-signed, and the land use transfer fee shall be paid in accordance with the regulations.

1. Extend the service life of the land, in this case, the house owner can jointly apply to the local land and resources management department to pay the land transfer fee, of course, the transfer fee should be lower than the same kind of land transfer, similar to the difference between the cost price and the market price.

2. If the state needs to recover the land and buildings on the ground in the face of planning needs, then the owner can also get the corresponding economic compensation and solve it by a method similar to demolition and resettlement.

2. Is the house still my own after the property right expires?

Or is it one's own, after the ordinary commercial house is bought, it will always belong to the property owner, and the expiration of the property right is actually the expiration of the land use right. The expiration of the land use right has nothing to do with the ownership of the house, as long as the house is not broken, the land use right will be automatically renewed when it expires, but a certain fee will be paid.

The ownership of the house (i.e. the right to the real estate) is perpetual, there is no time limit, as long as the property is not completely damaged or lost, it can always be enjoyed, "there is no time limit registration column in the real estate certificate"; Land use rights have a time limit. Under normal circumstances, it takes at least two to three years from the developer to the buyer to get the house, which shows that the buyer has shrunk to a certain extent before the house is acquired.

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

The property is generally for one year, and after the expiration of the land transfer fee, you can have the right to use the land.

After the expiration of the 70-year tenure of the house.

The term of house ownership is permanent, and the land use right is one year or 70 years according to the relevant laws and regulations, and the land use right can be obtained by paying the land transfer fee again after expiration.

The difference between land use rights and house ownership.

According to the Constitution of the People's Republic of China, the ownership of land belongs to the state and collectives, and the land use right is transferred.

The issue of property rights expiration is still being discussed and studied, whether it is 70 years or 50 years, 40 years There is this problem, commercial housing reflects businessmen, how many art centers, barber rooms, teahouses, mahjong parlors, supermarkets, teaching centers and various companies have been set up in ordinary residential housing communities in 70 years, and there are all kinds of things, should we also clean up the residence that reflects the residence? There are many more problems! It is more chaotic, it needs careful and meticulous management regulations, and the kind of expiration will not be recovered across the board, many people have bought commercial housing for 40 years for economic reasons, and many people still buy it with money.

Therefore, how to renew the land is the plan that the top management should design, in the past so many years, there is no problem of managing commercial housing to live, and no one has come out to manage the pure residential business, it is a problem at the management level, and now it is not allowed to engage in commercial housing, but the relevant management plan should be counted from now on, and the past should respect this historical problem to give the most reasonable and fair solution. The 70-year property rights stipulated in the land law were implemented in 2009, and it is still early before the expiration of property rights, and before 2009, there were many commercial and residential buildings for 40 years, office buildings and 50 years of land construction, and the implementation of land law property rights is later than these constructions, which is a historical problem, housing and land These are major events related to the national economy and people's livelihood, and what should we do about the expiration of property rights is a common concern of the people, and the specific measures are still being discussed, but I believe that no matter what, it will not be too outrageous. I believe that the Prime Minister's attitude towards 70-year property rights, other 40-year and 50-year property rights will also be solved!

What exactly should I do when the property rights expire?

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.

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

If the right to use the house is residential in nature, it will be automatically renewed in accordance with the law.

If the nature of the right to use the house is not residential, it depends on how the original land transfer contract was agreed, and there are three possibilities:

It can be renewed, and the land use right transfer fee needs to be paid;

If the term cannot be renewed, the land use right shall be withdrawn, and the buildings and structures on the land shall be compensated;

It cannot be renewed, and the land use right is withdrawn without compensation.

You can apply for continued use.

According to Article 149 of the newly promulgated Property Law, if the term of the right to use land for residential construction expires, it shall be automatically renewed. Article 21 of the Law on the Administration of Urban Real Estate stipulates that if the term agreed in the land use right transfer contract expires and the land user needs to continue to use it, he shall apply for renewal no later than one year before the expiration, except for the need to recover the land in accordance with the public interest, it shall be approved.

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. This provision states that upon the expiration of the land use period, the user may apply for continued use of the land if he wants to continue to use the land.

Generally speaking, the property right of a house consists of two parts: the ownership of the house and the right to use the land, but the term of the ownership of the house is permanent, while the land use right is 4 years, 50 years or 70 years according to the relevant laws and regulations. The Property Law stipulates that: "If the term of the right to use land for residential construction expires, it shall be automatically renewed."

After the expiration of 70 years of land use, if you apply for land use right again, you should pay the land transfer fee according to the land price level at that time. The method of handling is roughly as follows: the land user submits an application for renewal to the land management department, except for the need to recover it according to the public interest, it shall be approved.

If the renewal is approved, the land use contract shall be re-signed and the land use fee shall be paid. Second, 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.

Third, if the land user submits an application for renewal and the renewal is not approved in accordance with the law, the state shall recover the land use right free of charge, but for the above-ground real estate, corresponding compensation shall be given according to the residual value at the time of resumption. Legal basis: Article 149 of the Property Law of the People's Republic of China [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.