What does 70 years mean? A few questions!

1. According to the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights promulgated in 1999, the maximum term for the transfer of residential land use rights is 70 years. That is, the land occupied by the house has a tenure of 70 years

2. Article 149 of the Property Law of the People's Republic of China clearly stipulates that if the term of the right to use land for residential construction expires, it shall be automatically renewed. That is to say, the term of real estate residential land can be automatically renewed after the expiration of the term; Therefore, there is no question of being evicted and not allowed to stay

3. According to the provisions of Article 149 of the Property Law on "automatic renewal", the ownership of the dwelling and the right to use the land for the construction of the dwelling within the scope of the dwelling still belong to the original owner, so they can continue to live in it

From the above (2) and (3) above, there is no such thing as blowing our family out after 70 years Basis: Property Law of the People's Republic of China.

The so-called 70-year property right refers to the land use period of residential land; China's land ownership system is divided into public ownership and collective ownership, and commercial residential land is leased to obtain the right to use state land. Therefore, 70 years refers to the lease life of commercial residential land. After 70 years, if the state does not re-plan the land, you can still use it, but you will have to pay a separate land use fee to the state.

Instead of a 70-year property right, the house ownership is for life, and the land use right is 70 years. Because the land belongs to the state, you only have the right to use it. When the property right is changed, that is, when it is transferred, the land use right is recalculated for 70 years.

The maximum tenure of residential land is 70 years.

The ownership of a house is permanent, and there is not and cannot be a specified number of years.

The tenure of residential land is generally less than 70 years, but the non-property law has made it clear that the land tenure will be automatically renewed upon expiration.

1. The 70-year property right of the house mainly refers to the ownership period of the property right of the house, which includes civil housing, commercial buildings and industrial buildings. Generally speaking, the tenure of civil housing construction is 70 years.

2. The property rights of commercial houses, affordable houses and two-limit houses are calculated from the date when the developer acquires the land. Different houses have different years of ownership. For example:

The developer obtained the land use right in 2000, the commercial housing has a service life of 70 years, and the owner bought the house in 2005, and the remaining life is 65 years (2070-2005).

Home ownership includes home ownership and land use rights. House ownership is a type of private property right. According to Article 266 of the Civil Code (effective January 1, 2021), private individuals enjoy ownership of their legal income, houses, daily necessities, production tools, raw materials and other immovable and movable property, and their term is permanent.

According to Article 359 of the Civil Code (effective on January 1, 2021), "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 land user needs to continue to use the land upon the expiration of the term of use agreed in the land use right transfer contract, it shall apply for renewal one year before the expiration of the term, and shall approve the resumption of the land unless it is necessary to recover the land in the public interest. If the renewal is approved, a new contract shall be signed and the land use right transfer fee shall be paid. 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. What to do after the expiration of 70 years of property rights.

Legally, the owner of the house has the option to apply for renewal after the property title expires.

According to Article 149 of the newly promulgated Civil Code, "if the term of the right to use land for residential construction expires, it shall be automatically renewed." ”

Article 222 of the Law on the Administration of Urban Real Estate stipulates that: "If the land user needs to continue to use the land upon the expiration of the term of use agreed in the land use right transfer contract, he shall apply for renewal 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 renewal is approved, a new contract shall be signed and the land use right transfer fee shall be paid.

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. ”

Judging from the existing policy, your house will not always be yours. Therefore, before the expiration of the property right term, it is necessary to prepare in advance, so as not to be caught off guard when the state requires the first land use right.

2. Is the house still my own after the expiration of 70 years of property rights?

When the property expires, the house is still your own. Ownership of a home is perpetual and has no time limit, as long as the property is not completely destroyed or lost. The so-called 70-year property right refers to the term of use of the land to which the house is attached.

Although the current term of land use in China is only 70 years, it does not mean that the house will be repossessed after the expiration of 70 years.

In fact, the vast majority of people do not know about the property rights of houses, in fact, the "correct interpretation" of property rights is not the prescribed period of ownership of the house, but the prescribed period of land use rights. Housing ownership and land use rights are the two major components of housing property rights in China.

According to the relevant regulations of our country, there is no time limit on the ownership of the house, that is, as long as you buy the house, the ownership belongs to you permanently, and there is no situation where it is taken back by the state after 70 years. According to the answer given by professionals, it means that the expiration of the property right of the house is "automatically renewed", and as long as the house above is still there, there is no need to worry about the problem of land use.

Interpretation of housing property rights

Housing property rights refer to the rights enjoyed by the owner of the property in accordance with the laws and regulations of the state, 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. The term of the house ownership is permanent, and the land use right is 1% or 70 years according to the relevant laws and regulations, and the renewal fee is increased by 1%-10% at that time (i.e., the land use right transfer fee).

The 70-year property right refers to the ownership period of the property right of the house building.

Including: civil residential buildings, commercial buildings, industrial buildings. The tenure of general civil residential buildings is 70 years; 50 years of land for education, science and technology, culture and sports; 50 years for industrial, comprehensive or other land; The land tenure for commercial, tourism and entertainment facilities is 40 years.

In Chinese law, "land use right" and "house property right" are two different concepts, and the higher term of land use right transfer is: 70 years for residential land, 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.

Under the current system, China belongs to the separation of real estate and land, and the land use right of the house is 70 years, while the ownership of the house on the ground has no time limit, that is, unless it is demolished or becomes a dilapidated house, the owner can own it forever. Therefore, strictly speaking, there is no term for house ownership, it is forever, and the property right of 70 years that everyone usually talks about actually refers to the term of land use rights. In other words, the 70-year property right is the 70-year land use right.

According to the relevant regulations, the 70-year property right life is calculated from the completion of the approval procedures for the developer's land, simply put, it is calculated from the time the developer gets the land use right certificate, and the buyer can refer to the time indicated on the "land certificate" to check the property right period. For example, if the developer took the land in 2003, but did not develop and build it immediately, and did not hand over the house until 2013, then the land use rights of the community are actually only 60 years left.

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Now when buying a house, everyone pays attention to the property rights of the house, the property rights of the house are mainly 40 years, 50 years and 70 years, what does the property rights of the house mean for 70 years? Let's take a brief look at it with me.

1. What does it mean to have a house property right for 70 years?

70 years of house property rights represent the use of the property in the land, this kind of real estate land is generally the nature of the state transfer, the time to start from the developer to build the land grant, if the developer to build the house used up for five years, the purchase of the real estate land is really only 65 years, once the time is up, the owner of the property needs to pay the land use fee to continue to use.

The main reason is that the land is owned by the state, and when the time comes, it will naturally be recovered, and the ownership of the house itself belongs to the individual, and the owner has the right to trade, use, and transfer the property in perpetuity. If the state needs to repossess the land because the property right expires, it needs to compensate the owner for the loss of the property.

2. What are the advantages of buying a house with a 70-year property right?

It is a good choice to buy a 70-year property right house, this kind of house is generally based on slab buildings, the greening rate of the community is higher, which increases the living comfort, and its water, electricity, gas, property and other cost standards will be much lower than that of a house with a 50-year or 40-year property right. Many people buy a house in order to settle in the city, in order to let their children get a better education, the 70-year-old house can be relocated, or it can be included in the allocation of teaching resources, which is a very good choice.

There are multiple options for buying a house with a 70-year property right loan, including a CPF loan, a personal business loan, or a combination of both, and the loan amount will be more than that of a 40-year property right house, and the loan term will be longer.

Summary: The above is an introduction to the meaning of 70 years of house property rights, 70 years of property rights of the house represents the property occupies 70 years of land, after the expiration of the need to renew the land transfer fee to continue to use, I hope the content I shared can give you some reference.