What happens when commercial land has a 40 year service life?

After 40, it is not said that you will demolish your building, there will be an assessment to see if your building meets the needs of urban planning, if it does not meet the needs of urban planning, I am sorry, but it can generally be evaluated, there is no problem, at this time you only need to pay the land transfer fee, you can continue to use, because in our country land is not allowed to be privatized. Land ownership is always vested in the state, and individuals are only granted the right to use the land. There are several ways to deal with land use rights after expiration:

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. In addition, the state may also expropriate the land use rights before they expire, but they shall compensate for the land use rights and real estate that remain in the service life.

After the expiration of 40 years of commercial land, the state has the right to recover the right to use the land used for your immovable property. If your property has not been demolished due to social utility needs, you can apply to the state to continue using the land, but only one year before the expiration date. According to the relevant laws and regulations that are currently being revised, to apply for the renewal of the use of land, you must re-pay the land transfer fee, how to operate is not clear, but it may be 40% of the land appraisal price (or 60, I don't remember the specifics), if you don't want to bear this cost, you can not pay, but after the expiration of the land, the state will take back the land use right free of charge, and the real estate part will be compensated to you according to a certain amount of money.

Just continue to pay the land transfer fee!

After the expiration of the land use period of commercial land, if you want to continue to use the land, you can sign a land transfer contract and pay the land transfer fee in accordance with the law. According to Article 40 of the "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights," upon the expiration of the land use rights, the ownership of the land use rights and the above-ground buildings and other attachments shall be acquired by the state free of charge. The land user shall return the land use certificate and go through the cancellation registration in accordance with the regulations.

Article 41 stipulates that upon the expiration of the land use right, the land user may apply for renewal. If it is necessary to renew the term, it shall re-sign the contract in accordance with the provisions of Chapter II of these Regulations, pay the land use right transfer fee, and go through the registration process.

Generally, the commercial land use period is not 30 years, and the shortest land use life in China is 40 years, and the longest is 70 years.

1. How many years is the right to use the cemetery?

The right to use the cemetery is generally 50 years or 70 years. According to the relevant laws and regulations, the cemetery's tomb management fee, i.e. tomb protection fee, shall not exceed 20 years at a time. However, it is not that the right to use is only for 20 years, but it is only a charging cycle of 20 years, and you can continue to renew your use after 20 years, and if you do not renew the fee, the cemetery will expire.

2. How long is the property right of a commercial property?

The commercial property rights are divided into 70 years, 50 years and 40 years, which are calculated from the date when the developer obtains the land use certificate of the land. The tenure of residential land is 70 years; The use period of industrial, educational, scientific, technological, cultural, health, sports, warehousing or other land shall be 50 years; The service life of commercial, tourism and recreational land is 40 years.

3. What is the law on the term of land use?

The law stipulates that the land use period of residential land is 70 years, the land use period of industrial land, public welfare and other land is 50 years, and the land use period of recreational land is 40 years. Upon the expiration of the term of the land use right for non-residential construction, an application for the renewal of the Hongliang period may be submitted one year in advance, and the land transfer fee shall be paid according to the land price level at that time. The term of the right to use land for residential construction shall be automatically renewed upon expiration.

Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights stipulates that the maximum term of land use right transfer 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.

Legal analysis: The maximum service life of commercial land is 40 years, but if it is used for commercial and residential purposes, the service life is 50 years.

Legal basis: Land Management Law of the People's Republic of China

Article 5 The competent departments of natural resources are responsible for the management and supervision of land throughout the country.

The establishment and duties of the local people's departments in charge of natural resources at or above the county level shall be determined by the people's departments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the relevant provisions.

Article 63: Where overall land use plans and urban and rural plans are designated for industrial, commercial and other operational purposes, and are registered in accordance with law, the land owner may hand over the land to units or individuals for use by means such as transfer, lease, etc., and shall sign a written contract indicating the land boundary, area, period of commencement of construction, period of use, land use, planning conditions, and other rights and obligations of both parties.

The transfer or lease of collective business construction land provided for in the preceding paragraph shall be subject to the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives who are members of the collective economic organization.

The right to use land for collective management construction acquired through transfer or other means may be transferred, exchanged, contributed, donated or mortgaged, except as otherwise provided by laws and administrative regulations or otherwise agreed in a written contract signed by the land owner or land use right holder.

The leasing of collective construction land, the transfer of the right to use collective construction land and its maximum term, transfer, exchange, capital contribution, gift, mortgage, etc., shall be carried out with reference to the state-owned construction land for the same purpose. The specific measures are formulated by ***.

Legal Analysis: The maximum tenure of commercial land is 40 years.

Legal basis: Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights

Article 12 The maximum term of land use right transfer shall be determined according to the following purposes:

1) Residence in the sock erection site for 70 years;

2) 50 years of industrial land;

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

4) Commercial, tourism and entertainment land for 40 years;

5) Fifty years for comprehensive or other land use.

Article 40: Upon the expiration of the term of land use rights, the ownership of land use rights and the buildings and other attachments on the ground shall be acquired by the State free of charge. The land user shall return the land use certificate and go through the cancellation registration in accordance with the regulations.

Legal Analysis: The pure tenure of commercial land is 40 years. The maximum term for the transfer of land use rights shall be determined according to the following purposes:

1) 70 years for residential land, 2) 50 years for industrial land, 3) 50 years for education, science and technology, culture, health care, and physical education, 40 years for commercial, tourism, and entertainment land, 5) 50 years for comprehensive or other land.

Legal basis: "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights" Article 12 The maximum term of land use right transfer shall be determined according to the following purposes: (1) 70 years for residential land, 2) 50 years for industrial land, 3) 50 years for education, science and technology, culture, health and sports, 40 years for commercial, tourism and recreational land, 5) 50 years for comprehensive or other land.