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Different houses have different years of ownership.
1. The term of property rights of commercial housing, affordable housing and two-limit housing is calculated from the date when the developer acquires the land, to be precise, from the date of obtaining the state-owned land use certificate. For example, if the developer acquires the land in 2005 and the buyer buys it in 2010, then when the buyer buys the house, the remaining land use right will be 65 years, and the expiration time of the land use right is 2005 + 70 = 2075 years.
2. The property right period of the husband's house is different from the above three houses, and his land use period is calculated from the first land income. Due to the different nature of land use, old houses generally have to pay land income when they are listed. It should be noted that the land use period of the old man's house is calculated from the date of listing of the first house in this building.
For example, in an old residential community built in 1980, a building has its first second-hand housing transaction in 2000, then the land use period of the building is calculated from 2000, and the expiration time is 2070.
Although affordable housing and two-limit housing also need to pay land income when they are listed, the land use period of these two types of houses is different from the calculation method of the old house, the first two types of houses are calculated from the date of the developer's acquisition of the land, while the old house is calculated from the date of the transaction of the first house in the building.
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Commercial property ownership is generally 40 years.
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Regarding the property rights of buildings, many people have questions, for commercial buildings, how many years of property rights? Next, let's take a closer look.
Commercial property rights are indefinite, property rights are perpetual, but there is a term of land use. 40 years of commercial, tourism and entertainment land.
The service life of the house has different years such as 40 years, 50 years, 70 years, etc., and this life is based on the nature of the land
According to Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land-Use Rights, the maximum term of land use rights shall be determined according to the following purposes:
70 years of residential land;
50 years for industrial land;
The term of land for education, science and technology, culture, health and sports is 50 years;
40 years of commercial, tourism and entertainment land.
50 years of storage land;
50 years for comprehensive or other land use.
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Commercial and residential property rights for 40 years. According to Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights, the maximum term of land use rights transfer shall be determined according to the following purposes: 70 years for residential land; 50 years of industrial land; 50 years of land for education, science and technology, culture, health and sports; 40 years of commercial, tourism and entertainment land; Fifty years for comprehensive or other land use.
Commercial residential refers to a residential property built on commercial land, so the tenure of the property is 40 years.
Advantages and disadvantages of commercial residences.
Advantages: 1. Developers can change commercial buildings with high land construction costs to residential buildings, mainly due to factors such as strong residential variability, low risk, fast sales speed, and short time for capital return. When buyers buy this type of housing, it is often due to the lack of other options, and the corresponding value retention of the property is also better.
2. The construction standards of non-residential houses are different. If the construction standards such as civil air defense and fire protection are higher in accordance with the relevant requirements of public construction, the cost will increase for developers, but it will have little impact on the use of home buyers.
Disadvantages: 1. The commercial facilities are 40 years old and the office buildings are 50 years, which is more serious than the 70 years of residential buildings. The state stipulates that the annual term of land use right transfer is 70 years for pure residential land and 40 years for commercial land.
2. The deed tax at the time of initial purchase or transfer is charged at 3%, while the residential tax is; If the state levies property tax and land value-added tax, the standard of commercial housing will also be higher than that of residential buildings.
If you use a bank loan, you can only get a 50% or 60% mortgage for a house with an annual or 50-year property right, and the loan term is 10 years.
4. If it is stipulated in the public construction purpose, the use of water, electricity, heating and other expenses will be commercial**. Therefore, for home buyers, they should ask clearly when buying a house. At present, most of the developers take corresponding remedial measures in the early stage of development, and can pay according to the civil **.
5. Different design orientations. Public properties are less restricted by orientation, lighting, depth, etc., while ordinary residential properties have higher requirements.
6. Commercial residences cannot be moved into the hukou. Defeated.
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The property rights of commercial housing are forty years. The property right of residential land is 70 years, however, commercial housing refers to the house built on commercial land for residential purposes, but the nature of the land is still commercial land, so the property right is also lower than that of residential land, only 40 years.
1. What should I do if the property right of commercial housing expires in 40 years?
The expiration of the 40-year property right of commercial buildings is actually the expiration of the land use certificate. Then the owner can apply for continued use of the land in accordance with the law. According to the Ministry of Land and Resources, the new version of the "Real Estate Property Certificate" sets the term of use to more conspicuously indicate the term of land use, and remind the owner to renew it in time before the expiration of the term of use, so as to realize his ownership of the house.
Not to mention, there are very few buildings that have survived for 40 years in China, and commercial land still has a major advantage, that is, the high compensation for demolition. According to the relevant provisions of the Administrative Measures for Urban Demolition and Relocation Compensation, the compensation fund for commercial land demolition is much higher than that of ordinary houses, generally speaking, the compensation area for commercial demolition is 1 to 3, and the compensation area for residential land is 1 to 1
2. What are the characteristics of the 40-year property right of commercial buildings?
Many of the patterns of annual property rights are dozens of households in one ladder, so that the living density is relatively high, and the living atmosphere and quality will decline. In addition, the utilization rate of 40-year property rights will be lower than that of 70-year property rights because of the large public sharing;
There are often differences in the cost of living, buying taxes, secondary transaction fees, loans, and payment methods for annual commercial residences, so it's important for buyers to inquire before making a move. Generally speaking, the owner of this type of property needs to pay water, electricity and other expenses much higher than the civil standard. However, at present, most of the developers have taken corresponding remedial measures in the early stage of development, negotiated with **, and promised to collect them in accordance with the civil hydropower standards in the future, but how to pay the law, the owners still need to wait until the house is handed over to really know; Moreover, such properties generally cannot apply for provident fund loans, and there will be certain restrictions on the loan term;
There is a risk that the property rights will not be obtained. Because of this, before purchasing, buyers should first determine the legitimacy of the real estate to see whether it has the basic "Land Certificate", "Planning Permit", "Gongkuhuai Banquet Permit", "Construction Permit" and "Sales Permit";
4. After the expiration of the land use period, the owner has a limited right to renew the contract and continue to pay the land transfer fee to enjoy the right to use;
The service life of residential land should generally be 70 years, and 40 years is generally commercial land; Whether it is 40 years, 50 years or 70 years, there is a time when it expires, and after the expiration of the land use period, as long as the house is still inhabitable, the land must be renewed.
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The land tenure of commercial land is generally 40 years, and the combined term is 50 years. According to the property law, the land has a term of use, and the property has no term of use, for residential properties, the land use period will be automatically extended after the expiration, and the land use fee will be paid after the expiration of other types of properties or recovered by **.
Is there an expiration date for commercial property rights?
1. The property right certificate is the right to use the house and the right, which can be traded, but the right to use the land will be said at that time. Nowadays, the general houses are rarely demolished at the end of the year, as long as there is no demolition plan, it can be changed, anyway, we have more than 50 years of houses that have not been demolished and transferred.
2. Commercial housing emerged in China in the 80s, which refers to the residential buildings operated by real estate development companies (including foreign enterprises) with business qualifications after obtaining land use rights through transfer under the conditions of market economy, all at market prices.
3. It is composed of costs, taxes, profits, collection fees, location, level, orientation, quality, material price difference, etc.
4. In addition, from a legal point of view, commercial housing refers to all kinds of commercial housing that can be freely traded in the market in accordance with laws, regulations and relevant regulations, and is not restricted by the first policy, including newly built commercial housing, second-hand housing (stock housing), etc. According to the different sales objects, commercial housing can be divided into two types: export commercial housing and domestic commercial housing.
What is the difference between ordinary commercial housing and market commercial housing?
1. If it is a residential house, that is, an ordinary commercial house, its property right term can reach 70 years, but the land use period of market commercial housing is generally 50 years, so the property right period will be very different.
2. From a legal point of view, the transaction and purchase of commercial housing is protected by the law, and it cannot be restricted by the first, it is subject to the operation of the market. Moreover, there are new houses in commercial houses, as well as second-hand houses, and the objects of sales are also different, such as some are exported and some are domestic. The market-oriented commercial housing is approved by the first grade, and then operated by real estate developers, and after the later construction is completed, it is market-oriented or rented, generally including commercial buildings or residences, etc., but self-built houses do not belong to its scope.
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The land use period of commercial land is 40 years, and an application for renewal can be submitted one year in advance after the expiration of the use period, and the land transfer fee shall be paid according to the land price level at that time after the expiration of the use period, and the land use right of commercial land shall be applied for again.
Interim Regulations of the People's Republic of China 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) Residential land for 70 years;
2) 50 years of industrial land with nuclear weapons;
3) 50 years of land for education, science and technology, culture, health, and sports;
4) Commercial, tourism and entertainment land for 40 years;
Fifty years of comprehensive or other land use.
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1. How many years of property rights of commercial land.
1. The property rights of commercial land are empty for 40 years. The land use period of commercial, tourism and recreational land is 40 years, which is calculated from the date when the developer obtains the land use certificate of the land, and the land use right can be re-obtained by continuing to pay the land transfer fee upon expiration.
2. Legal basis: Article 12 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of the Right to Use State-owned Land in Urban Areas.
The maximum term for the transfer of land use rights shall be determined according to the following purposes:
1) Residential land for 70 years;
2) 50 years of industrial land;
3) 50 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 13. The transfer of land use rights may take the following forms:
a) the Agreement; b) Bidding;
3) Auctions. The specific procedures and steps for the transfer of land use rights in accordance with the methods provided for in the preceding paragraph shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
2. What to do with the property rights of the house when the age of the property is up.
1. It can be renewed, and the land use right transfer fee needs to be paid;
2. If the term cannot be renewed, the land use right shall be withdrawn, and the buildings and structures on the land shall be compensated;
3. The land use right cannot be renewed, and the land use right is recovered without compensation.
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