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The Interim Regulations on the Assignment and Transfer of Urban Land Use Rights, promulgated in 1990, stipulate that the land use rights for commercial residential buildings in China shall be valid for 70 years, and have been used to this day. Article 149 of the Property Law, which came into effect on October 1, 2007, stipulates that the term of the right to use land for residential construction shall be automatically renewed upon expiration. However, the law does not specify whether or not to pay for renewals.
Article 103 of the newly disclosed Land Management Law (Draft Revision) states that "if the term of the right to use land for residential construction expires, it shall be automatically renewed in accordance with relevant national regulations." "There is also no clear solution to the issue of renewal of residential land use rights. That is to say, the renewal is certain, and whether to pay the fee or not depends on the relevant regulations of the state at the time of renewal.
In fact, the property rights of the commercial housing itself are permanent property rights, the 70 years is the land use right, is the land use right of the residential area, if after 70 years, the house is still there, the community can still be used normally, then the right to use the land will be automatically renewed, of course, the general house will not be demolished and planned for 70 years, and the demolition should be compensated. 70 years is also the service life of the house, it is estimated that it will not be broken by then, and now there are very few residential areas that are more than 70 years old! I've known about the Forbidden City for more than 70 years, and I haven't seen a residence.
The current national policy is to automatically renew the visa after 70 years, and the specific method has not been introduced.
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Isn't it being discussed? I hope there is no charge, then there will be a lot of poor people who will not be able to rebuild their homes!!
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Not before, but according to the latest draft report, it may be used in the future.
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It's hard to say now, but in a few decades, who will do it themselves.
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Abstract: 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, 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. ”
The land use period of the house is 70 years, and how to calculate the cost of the land after 70 years.
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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, 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. ”
Land costs refer to the various expenses incurred in the acquisition and transfer of the right to use the natives. Generally, it can be divided according to the different ways of acquiring land, and the land cost of each method includes different contents. There are also some administrative and service fees.
In the reimbursement of the land cost of obtaining the use of state-owned land, the land use fee is paid, and the land is used; It refers to the net income of land that the state should obtain in the use of land.
The land use period is 70 years, and after 70 years, there will be a relevant department assessment, if the assessment building can continue to be used, you need to pay the land transfer fee, this fee is calculated according to the land assessment at that time, and the specific amount is calculated according to the land at that time.
The term of land use rights is as follows: According to Article 12 of the Interim Regulations 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; The term of land for education, science and technology, culture, health and sports is 50 years; 40 years for commercial, tourism and entertainment land; 50 years of storage land; 50 years for comprehensive or other land use.
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Legal Analysis: The treatment of the house and its land after 70 years of land use is as follows: the ownership of the house is perpetual and there is no question of expiration; After the expiration of the land use right, the land use right can be automatically renewed according to the land price level at that time, and the land use right can be applied for again.
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 of industrial land; (3) 50 years of land for education, science and technology, culture, health, and sports; (4) 40 years of use of wild land for commerce, tourism, and entertainment; (5) Fifty years for comprehensive or other land use.
Article 359 of the Civil Code: Where 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.
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For those of us who sell real estate, the so-called automatic renewal means that after 70 years, if your house does not need to be demolished, you need to pay the cashier of the land use right, and the current requirement is 2 yuan per square meter per year. But if you think about the development of real estate from the beginning to the present, it has only been 30 years, and the things after 70 years are not something you and I can control, plus the country's policy is a small change in three years, a big change in five years, no one can tell what will happen in the end, but one thing is clear, that is, the house you buy will always be yours, whether it is 10 years, 20 years or 100 years, as long as there is demolition, there will be corresponding compensation measures, which does not require you to have too much mental baggage.
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After the year, according to the ** regulations, pay the land transfer fee, and you can continue to use the land.
Years later, your house is still safe and in working order. At this time, your house will be expropriated and compensated according to the first-hand real estate in the same district.
After a year, your house has been scrapped, and you can directly demolish it without compensation.
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There is no corresponding policy yet, and no one knows how to deal with this thing, so you don't need to worry about it.
There is no doubt that the house is private property, and no one can take your house.
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The land use period is 70 years, and after 70 years, there will be a relevant department assessment, if the assessment building can continue to be used, you need to pay the land transfer fee, this fee is calculated according to the land assessment at that time, and the specific amount is calculated according to the land at that time.
The term of land use rights is as follows:
According to Article 12 of the Interim Regulations 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 of residential land;
50 years for industrial land;
The term of land for education, science and technology, culture, health and sports is 50 years;
40 years for commercial, tourism and entertainment land;
50 years of storage land;
50 years for comprehensive or other land use.
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The state has not yet introduced a policy, and it will only be known when the time comes. However, it should be certain that it must be in the interests of the majority of the people, otherwise it will affect social stability.
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The term of land and house for residential use is 70 years, and one month before the expiration of the term must be applied for renewal, at present, according to the property law, the residential property is automatically renewed, and there is no specific provision on whether to pay the fee, but according to the current application for the transfer of the nature of the house without the age of the year, the payment standard is the local benchmark land price, and the subsequent years to pay the land price, also called the payment of the transfer fee, is generally paid according to the benchmark land price.
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It is impossible to calculate now, and the time will be based on the prices and policies at that time.
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When the 70-year title expires, will the house be repossessed?
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This question will be very contradictory later.
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I don't know if I can renew it.
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I will definitely remember it, most of the things I put in it myself, I will definitely remember what it is. Of course, some people have a bad memory, so I said otherwise.