Will the house you buy be repossessed when it expires?

The state will not take back the property after the expiration of 70 years, and the land ownership can be renewed, but part of the land renewal fee needs to be paid. Until the land reaches 100 years, the state may choose to use it, but it will not treat the residents of the houses on this land badly and give compensation. The 70-year title is automatically renewed upon expiration, and the title is permanent.

There is no need to apply for renewal. As for whether it is necessary to pay back the land transfer fee, there is no clear regulation at present.

The house problem is basically the biggest thing for us ordinary people. For commercial housing will continue to be used after 70 years, generally this 70 years is the quality of the house period, this is also the period stipulated by the state, if you can continue to use the contract can be renewed or used in accordance with the regulations, generally this is also in accordance with the land use rights to be regulated, and then continue to use according to the provisions of the use. Within the specified time, if it is due to expropriation or relocation, the state will pay compensation.

Considering the pre-development and construction of the real estate, the property rights of commercial housing will not be 70 years. However, it should be noted that although commercial houses are advertised as having 70 years of property rights, the current building design standard is 50 years, and the service life of cement is about the same. In other words, when the house is lived in for 50 years, it may become a dilapidated house and become the object of demolition.

It is not excluded that some houses will last more than 50 years, but don't expect too much.

1. After the expiration of 70 years of property rights, there are two situations:

1. Extend the term of land use rights. In this case, the owner of the house can jointly apply to the local land and resources bureau to pay the land transfer fee, of course, this ** should be lower than the same kind of land transfer fee**, similar to the difference between the cost price and the market price.

2. If it is based on planning needs, the state needs to recover the land and above-ground buildings. Then the owner can also get the corresponding economic compensation, which can be solved by a method similar to demolition and resettlement.

2. The contract for the transfer of the right to use construction land generally includes the following clauses:

1. The name and address of the parties;

2. Land boundary, area, etc.;

3. The space occupied by buildings, structures and their ancillary facilities;

4. Land use;

5. Duration of use;

6. Fees such as transfer fees and payment methods;

7. Methods of dispute resolution.

Legal basis

Civil Code of the People's Republic of China

Article 208:The establishment, alteration, transfer, and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

Measures for the Administration of Pre-sale of Urban Commercial Housing".

Article 10 In the pre-sale of commercial housing, the developer shall sign a pre-sale contract with the purchaser. The developer shall, within 30 days from the date of signing, go through the registration and filing procedures for the pre-sale contract of commercial housing with the real estate management department and the municipal and county people's land management department.

The real estate management department shall actively apply network information technology and gradually implement the online registration and filing of commercial housing pre-sale contracts.

The registration and filing procedures for the pre-sale contract of commercial housing can be entrusted to the first person. If the person is entrusted to handle it, there shall be a written power of attorney.

*According to Article 359 of the Civil Code of the People's Republic of China, if the term of the right to use land for residential construction expires, it shall be automatically renewed. After the renewal, the land transfer fee needs to be paid.

Therefore, the property will not be repossessed when it expires, but an application for renewal will be required. At the same time, the time of renewal and the standard of land transfer fee to be paid may vary depending on the region, policy and other factors, so you can consult the local real estate department or relevant agencies for more detailed information.

When the property rights expire, the state will not take them back, and there is no clear law on what to do. Roughly speaking, the direction is to renew, the state to take back your house and compensate you.

After the expiration of the property title, it will not be repossessed. You can renew it directly to the state. The house will always belong to you, but the land under your house belongs to the state.

What to do after the expiration of the right to rip off the property, there is currently no clear laws, regulations and policies to elaborate on the solution to this matter, but there are three ways to deal with it in society. The details are as follows:

1. Renewal.

2. The state will recover the land and houses and give a one-time compensation.

3. Compensation for the demolition of dilapidated houses.

1. How to deal with the expiration of the property right of the house.

1. Extension of the term of land use rights is permitted. It can be jointly proposed by the owners of the house to pay the land transfer fee, which should be lower than the same type of land transfer fee, similar to the difference between the cost price and the market price. As for the period for re-application, it should not exceed 30 years.

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

3. Use methods similar to demolition and resettlement.

2. Relevant provisions for residential property rights after the expiration of 70 years.

1. Article 149 of the Property Law stipulates:

1) If the period of "right to use construction land" for residential buildings expires, it shall be automatically renewed. Auto-Renewal—Resolves conflicting terms between land use rights and home ownership.

2) The renewal of the non-residential "right to use construction land" after the expiration of the period shall be handled in accordance with the provisions of the 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.

2. Article 21 of the Law on the Administration of Urban Real Estate stipulates: "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 according to 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. ”

3. The difference between land use rights and house ownership.

1. Definition: 1) Land use rights are land use rights transferred by the state to organizations, institutions and individuals, and according to the Constitution of the People's Republic, the ownership of land has the right to be owned by the state and collectives. At the time of transfer, land use rights are divided into different service life according to the type of development, including:

Land for civil and residential buildings, land for commercial buildings, and land for 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.

2) The ownership of houses belongs to individual property rights, which is a kind of private property rights, which is protected by the Constitution of the People's Republic, and according to Article 64 of the Property Law of the People's Republic of China (effective as of October 1, 2007), private individuals enjoy ownership of their legal income, houses, daily necessities, production tools, raw materials and other immovable and movable property. Its years are permanent.

2. Nature: 1) The ownership of the house (i.e., the right to real estate) is perpetual, there is no time limit, as long as the property is not completely damaged or lost, it can be enjoyed forever;

2) Land use rights are time-limited. The state grants land users the right to use land for 40 years, 50 years and 70 years through the method of land transfer in a fixed period.

1. Can the house be renewed if it expires?

The Civil Code stipulates that after the expiration of the property right of the house, it will generally be automatically renewed, and the payment or reduction of the renewal fee shall be handled in accordance with the provisions of laws and administrative regulations.

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 collapses upon the expiration of the term, 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.

2. Principles to be followed in the registration of rural real estate.

After obtaining the ownership of a rural house or other rights to a house, a citizen must register with the housing registration authority where the house is located and obtain a certificate of property rights. Regardless of whether the method of obtaining the ownership of the house is the original acquisition or the subsequent acquisition, the registration of the property right of the house is the key legal act to confirm the ownership of the house.

1) The principle of simultaneous registration of housing property rights and land use rights.

A house is a kind of real property that is attached to the land. Houses can be owned by individuals as private property. China's land is owned by the state and collectives, and individuals cannot obtain land ownership.

Therefore, when registering the property rights of rural houses, it is necessary to register the property rights of the houses and the land use rights at the same time, so that the ownership of the houses and the subjects of the land use rights within the scope of the houses are consistent.

2) The principle of coordination and cooperation.

Rural housing registration involves many functional departments, such as land management departments, urban construction planning departments, housing management departments, etc. In the process of rural housing registration, various departments must work closely together and share information.

3) The principle of publicity.

Rural housing registration authorities should adhere to the principle of publicity in rural housing registration work, and publicize the basis for housing registration, housing registration conditions, housing registration procedures, and housing registration content of group talks, so as to facilitate the public to know. Organize and archive the registered housing property rights for the convenience of the public.

3. How to renew the property right when it expires.

When the property expires, you can apply for renewal one year before the expiration of the term. According to the current legal provisions, residential land can be automatically renewed after the expiration of the land use right of commercial housing. Except for the resumption of the land in accordance with the public interest, other renewal applications shall be approved.

Article 22 of the "Urban Real Estate Management" stipulates that after the expiration of the term agreed in the land use right transfer contract, if the land user needs to continue to use it, he may apply for renewal one year before the expiration of the term. Except for the resumption of the land in accordance with the public interest, other renewal applications shall be approved. If the term is renewed, a new contract for the transfer of land use rights shall be signed, and the land use right transfer fee shall be paid in accordance with the provisions.

The land belongs to the state, and the house is yours.

After the expiration of the property rights, the house is still mine.

The land use right is 70 years, and the ownership of the house is permanent, and the land use fee can be paid after the expiration.

Will the house be taken away when the title expires?