How to calculate the term of house property rights, how to calculate the term of house property righ

1. The term of property rights of the house is calculated from the day when the developer obtains the "State-owned Land Use Certificate". According to the twelfth line of the Interim Regulations of the People's Republic of China 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:

1) 70 years of residential land;

2) 50 years for industrial land;

3) 50 years of land for education, science and technology, culture, health and sports;

4) 40 years for commercial, tourism and recreational land;

5) 50 years for comprehensive or other land use.

2. The term of housing property rights refers to the ownership period of housing property rights, including: 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.

1. The term of the land use right of the residential house shall be 70 years, which shall be counted from the time of obtaining the land use right of the place.

2. The starting time of the land use period of the property right of the house reform house shall be subject to the first house to pay the land transfer fee after the above-ground house on the plot participates in the housing reform.

3. The service life of affordable housing is 50 years. If the time of the real estate company to buy the land begins, the purchase contract will state, for example, the land use period is from 1997 to 2067, a total of 70 years, if the time of buying the house is 2006, then your land use right is only 61 years, but you have the permanent property right, and by 2067, you only need to pay the land transfer fee, you can continue to live, because land is not allowed to be privatized in China. Land ownership is always vested in the state, and individuals are only granted the right to use the land.

It is calculated according to the age of the land certificate.

The provisions on the term of housing property rights are: the term of housing property rights is calculated from the date on which the developer obtains the land use certificate of the plot, the land use period of residential land is 70 years, the land use period of industrial land, public welfare undertakings and other land is 50 years, and the land use period of commercial, cultural, sports and recreational land is 40 years.

[Legal basis].Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights.

The maximum term for the transfer of land use rights shall be determined according to the following purposes:

1. 70 years of residential land;

2. 50 years of industrial land;

3. The term of land for education, science and technology, culture, health and sports is 50 years;

4. 40 years of commercial, tourism and entertainment land;

5. Storage land for 50 years;

6. 50 years for comprehensive or other land use.

Article 359 of the Civil Code.

If the period of authority 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.

1. If the commercial housing is a new house, then it is easier for the buyer to calculate the term of the commercial housing property, which can be calculated according to the developer's acquisition of the land's right to use. For example, if the developer obtained the land use right in 2000 and the buyer bought the commercial house in 2003, then the term of the commercial property right is 2000 + 70 years - 2003 = 67 years.

2. If the commercial house is a second-hand house, then the buyer needs to calculate it according to the transaction time of the second-hand house. For example, if the developer obtained the land use right in 2000 and began to sell it in 2003, and the buyer bought it from the previous hand model Yuanxiao in 2011, then the term of the second-hand commercial property should be 2000 + 70 years - 2011 = 59 years.

What is the number of years of property rights in the city.

Housing property rights refer to the ownership period of housing construction property rights, housing property rights refer to the ownership period of housing construction property rights, the housing property rights period is calculated from the date of acquisition of land by the developer, and the property rights of residential land are 70 years; The term of property rights for comprehensive land is 50 years; The tenure of commercial land is 40 years.

According to line 12 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights, "the maximum term of land use right transfer shall be determined according to the following purposes: 70 years for residential land; 50 years for industrial land; 50 years of land for education, science and technology, culture, health and sports; 40 years for commercial, tourism and entertainment land; 50 years for comprehensive or other land use.

How to deal with the expiration of the house property rights.

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

After the expiration of the land use right, if it is the state's first land, the property owner can go through the land use right transfer procedures again, and then sign the transfer contract and pay the land transfer fee to the state.

2. The state shall recover the land and above-ground buildings and compensate the owners.

The state directly compensates the owner of the house for the construction and land on the land, so that the homeowner can use the compensation fee to buy a new house in another place.

3. The state shall recover the land and solve the problem by means similar to demolition and resettlement.

The right to use the house has no term, so as long as the owner has a legal property right certificate, the house is private property and does not belong to the state. An individual can have ownership of a home as long as it is still there.

The starting date of the property right of the house is calculated from the date on which the developer obtains the right to use the land. Generally speaking, the property right of the house is only for a maximum period of 70 years, and after the expiration of the land use period, the house will be automatically renewed and can continue to be used. According to Article 359 of the Civil Code:

The term of the right to use land for residential construction shall be automatically renewed. 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.