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In China's legal provisions, the 70-year property right of the house refers to the maximum term of the land use right transfer of residential land is 70 years, and after the expiration of the 70-year land use period, the land is nationalized, and the above-ground buildings still belong to the owner. If you apply for land use right again, you should pay the land transfer fee according to the land price level at that time.
With the development of the economy and the increasing clarity of the laws and regulations of the state to protect the property rights of private property, the problem of property rights is expected to be gradually solved after 70 years. Within the framework of legal policy, the expert put forward three major ideas.
1.Re-sign the contract and renew the transfer fee. After the expiration of the land use period, if the state needs to take back the land, the property owner may go through the formalities for the transfer of land use rights again, sign the land transfer contract, and pay the land transfer fee to the state.
2.The house goes anywhere, and the state compensates. Since the state's land ownership is the state's ownership of land, except for collective ownership, the so-called 70-year land use period is the land use right granted by the state as the landowner.
After the expiration of the term, the state has the right to take back the land, but the property rights of the house are indefinite, and there is a contradiction between the state land ownership and the individual house ownership. The specific solution can be that the state will take back the land use rights, the house will go with the land, and the individual's house will also be recovered, and the state will give certain compensation.
3.Policies continue to be adjusted, and laws and regulations are improved in a timely manner.
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As long as the house is still there and has the living conditions, according to the current property law, the house is still yours. As for whether to pay the land transfer fee and how much to pay at that time, there is no policy to introduce now, so continue to pay attention.
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The property right of the house will be automatically renewed after the expiration of 70 years, so the property right will still belong to you at that time. As for whether to pay a certain renewal fee, it is still to be handled in accordance with the provisions of relevant laws and administrative regulations, and at present, China's law does not clarify the issue of renewal fees.
Legal basis: Article 359 of the Civil Code of the People's Republic of China If the term of the right to use the land for the construction of the Hongxiao house 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.
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Seventy years refers to the land use period, which will be automatically renewed when it expires, and the renewal fee can be paid after the renewal to continue to use the land of Zhibi. When the right to use the land expires, the land user can apply for renewal. If it is necessary to renew the term, the contract shall be re-signed in accordance with the provisions, the land use right transfer fee shall be paid, and the registration shall be completed.
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Yes. The property right of the house belongs to itself after the expiration of 70 years, and according to the current regulations of the state, the house will be automatically renewed after the expiration of 70 years.
The ownership of the land belongs to the state, we just have the right to use it70 years refers to the term of the land use right, and the expiration is only the land lease time, not the real estate, and then you can continue to pay the land transfer fee to re-obtain the land use right of the house.
If the land expires, the owner has the right to apply to the state for the renewal of the land use right first, and if the state does not have a demolition plan, the land can be used by the original owner according to the current (expiration date) land**, pay the land transfer fee to continue to use the land. If the state has a demolition plan, the land will be expropriated without compensation, and the above-ground objects will be compensated for the price.
[Legal basis].
Article 149 of the Property Law of the People's Republic of China stipulates:Upon the expiration of the term of use of residential construction land, it may be automatically renewed. If there is an agreement on the houses and other immovable properties on the land, it shall be handled 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.
Property Law of the People's Republic of China.
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1. Does the house still belong to you after the expiration of 70 years of property rights?
1. The house still belongs to you after the expiration of 70 years of property rights. After the expiration of 70 years of land use, the land will be nationalized and the above-ground buildings will still belong to the owners. If you apply for land use right again, you need to sign a new contract and renew the transfer fee.
2. Legal basis: Article 61 of the Construction Law of the People's Republic of China.
The construction project delivered for completion and acceptance must meet the specified construction project quality standards, have complete engineering technical and economic information and signed project warranty certificate, and have the completion conditions stipulated by the state.
The construction project can only be delivered after the completion experience is qualified; If it has not been accepted or the acceptance is unqualified, it shall not be delivered.
Article 62.
The construction project implements a quality warranty system.
The warranty scope of construction projects shall include foundation engineering, main structure engineering, roof waterproofing engineering and other civil engineering, as well as installation engineering of electrical pipelines, water supply and water pipelines, heating and cooling system engineering, etc.; The duration of the warranty shall be determined in accordance with the principle of ensuring the normal use of the building within a reasonable life span and safeguarding the legitimate rights and interests of users. The specific warranty scope and minimum warranty period are specified by ***.
2. What are the disputes over property rights?
1. In disputes over adjacent property rights, only by distinguishing the boundary site can we distinguish who infringes on the property rights of others;
2. Repentance of the preemptive right dispute, this kind of failure to notify the co-owner or tenant of the property rights, if the contract is not illegal, it cannot be overturned, if the contract has not been signed, it must be stopped.
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Article 149 of the Property Law stipulates that if the term of use authority for residential construction land expires, the house 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 regulations.
What are the property rights issues that need to be paid attention to when buying a house?
1. Whether property rights can be traded.
Not all houses can be listed and traded, buyers in the purchase of second-hand houses, pay attention to the fact that some houses are not property rights or property rights transactions are restricted, can not be re-sold, before buying second-hand houses should check whether the house is mortgaged, involved in litigation, included in the scope of demolition, whether the nature of land use rights is collective or allocation, whether it is a housing for housing and other situations that affect the listing transaction.
2. Whether there is a co-owner of property rights.
For buyers who buy second-hand houses, it is also necessary to verify whether there is a co-owner of the house before buying a house, and some houses often have more than one owner on the title deed, according to the provisions of the Civil Code: without the consent of all co-owners, the signed contract may not be performed. Therefore, when buying a house, it is best for the property owner on the real estate certificate to be present and confirm that the property owner agrees to the house.
3. Pay attention to the nature of the land.
The nature of the land of some houses is not the same, so there are differences in the property rights of the houses, the houses with long property rights are often more popular with everyone, and we choose the house with 70 years of property rights as much as possible when buying a house, whether it is a residential property or a renewal period due to expiration, it is simpler than other properties of the property.
Hello! If you want to know what to do after the expiration of the property rights of the house, you must first understand the housing system in our country, and the land and the houses on the land have different ownership. Generally speaking, the property right of the house is composed of two parts: the ownership of the house and the right to use the land, the ownership of the house belongs to the individual property rights, is a kind of private property rights, protected by China's "Property Law", its term is permanent, as long as the property is not completely damaged and lost, it can always be enjoyed, "there is no time limit registration column in the real estate certificate", because according to the Constitution of our country, the ownership of the land belongs to the state and the collective, so the land use right is a right of use transferred by the state to organizations, institutions and individuals, That is to say, the ownership of the house is forever, as long as the house does not collapse, the house has always been the property owner, but the land belongs to the state. >>>More
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.
Will the house be repossessed after the 70-year tenure expires? It's not that simple. First of all, the calculation of the 70-year property right does not start when you buy the house or get the title deed, but from the time the developer takes the land.
After the expiration of the property right, you can renew it independently, and you only need to pay the land transfer fee, but the specific payment amount and payment formula have not been given by the country, please continue to pay attention to the national policy for details, I hope it can help you.
Home ownership includes home ownership and land use rights. >>>More