When the property rights of the house are up, do you have to pay the land premium?

1. Article 3 of the Law on the Administration of Urban Real Estate stipulates that "the State shall implement a system of paid and limited-term use of state-owned land in accordance with the law". This means that the land must be used for a limited period of time.

Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights promulgated in May 1990 stipulates the maximum term of various types of land, specifically: (1) 70 years for residential land. (2) 50 years of industrial land.

3) 50 years of land for education, science and technology, culture, health and sports. (4) 40 years of commercial, tourism and entertainment land. (5) 50 years for comprehensive or other land use.

According to the above laws and regulations, the maximum term of land use rights for the transfer of land use rights shall continue to implement the provisions of the above regulations before the law and the law have not made new provisions. The maximum term of the land use right is not the only term, but the actual term of the land use right transfer shall not exceed the prescribed maximum term, but can only be limited to the maximum term.

Property rights are permanent. The land use right for residential land is 70 years (in fact, it is less than 70 years, because it is only about 68 years from the date of land acquisition). The property law stipulates that the residential property will be automatically renewed after 70 years of use, and the owner needs to repurchase the land use right from the state.

So far, no specific regulations have been issued for the renewal of land use rights from the state.

Do the math how much it will cost you to renovate your home

How much does the property right make up when it expires? What happens after 50 years of ownership? This is a topic that many home buyers are concerned about at present. But don't worry, if you're interested, join me to learn about the expiration of ownership.

How much does the property right make up when it expires?

When the property right expires and wants to extend the term of the land use right, the land user should provide the renewal application to the land management department and pay a certain amount of land use right transfer fee, which will increase the income by 1%-10% at that time, and the compensation fee is usually less than 5 figures. According to the planning needs, the state will take the land and the attachments on the ground, and compensate the owners to a certain extent, and solve them with methods similar to demolition and resettlement.

What happens after 50 years of ownership?

After the expiration of 50 years, the property can be automatically renewed.

1. Real estate ownership, which includes house ownership and land use rights. Ownership of a home is lifelong and inheritable.

2. However, the right to use the land has a service life, generally speaking, the service life, usually refers to the use right of the land, if the land use right expires, there is no application for renewal, if the relocation, can only compensate about 75% of the ownership of the house, no land use right, compensation of about 25%.

3. After the expiration of 50 years of land use rights, it will be automatically renewed, and to put it bluntly, you don't have to care about anything, it will be automatically renewed. For commercial land, it is necessary to apply for a new application after expiration, which may involve related costs, according to the provisions of the Property Law: according to the current standards.

For other types of land, such as industry, tourism, etc., it is the same as that of commercial use.

Summary: After reading the above introduction, I believe you have a further understanding of how much to make up after the expiration of the house property right and what to do after the expiration of the house property right in 50 years. If you want to know more about it, please continue to ******, and we will present you with more exciting content in the future.

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According to the regulations, the property rights of real estate in China mainly include: civil residential buildings, commercial buildings, and industrial buildings. According to the type of construction, the tenure of general civil residential buildings is 70 years, and the tenure of commercial buildings is 40 years.

The so-called "70-year property" means that the land use right is 70 years, which will be automatically renewed when it expires, and it will not be gone.

Therefore, after the expiration of the term of your house property rights, if the automatic renewal or application for renewal is approved, you need to pay the land use fee, that is, pay the land premium.

However, in practice, the property rights of residential houses are automatically renewed after the expiration of the property rights, and if the house has been held without changing the ownership, there is no need to pay the land use fee, but if the ownership of the house needs to be changed, the corresponding land use fee needs to be paid in accordance with the relevant regulations.

Specifically, after the property tenure of the house is up, you need to follow the following treatment:

1. 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. 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 the 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 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 recovery.

1. Is there a time limit for housing ownership in the Civil Code?

There is no time limit for the ownership of the house, and the ownership of the house is permanent, but the land use right where the house is located has a term of use, and the term of the land use right of residential land is 70 years.

Civil Code of the People's Republic of China

Article 359:[Renewal of the Right to Use Construction Land]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 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.

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) 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.

The owner of the first-hand house is required to pay the land transfer fee when transferring the house, and the standard of the supplementary payment is different from that of the private house, which is charged at 1% of the appraisal price of this transaction, and the real estate certificate obtained by the new buyer will also be the same as the private house that has paid the land price, which is 70 years from the date of payment of the land transfer fee.

For a housing reform house that is more than ten years old, if the first-hand owner has not made up the land transfer fee, and only now, the state-owned land use right will be calculated from the date of payment.