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Renewal.
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.
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Legal analysis: After the expiration of the 40-year property right of the house, it is allowed to extend the term of the land use right, and the land use right can be obtained by repaying the land transfer fee.
Article 269 of the Civil Code of the People's Republic of China: For-profit legal persons enjoy the right to occupy, use, benefit from and dispose of their immovable and movable properties in accordance with laws, administrative regulations and articles of association. Legal persons other than for-profit legal persons shall apply the provisions of relevant laws, administrative regulations, and articles of association to their immovable and movable property rights.
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After the expiration of the annual property right, it can be handled in accordance with the provisions of Article 149 of the Property Law of the People's Republic of China, and if the term of the right to use the land for residential construction expires, it will 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.
2. At the same time, Article 41 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights also stipulates that land users may apply for renewal upon the expiration of land use rights. If it is necessary to renew the term, the contract shall be re-signed in accordance with the provisions of Chapter II of these Regulations, the land use right transfer fee shall be paid, and the registration shall be completed.
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What should I do if the property rights expire?
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After the expiration of the 40-year property right of the house, the land transfer fee can be renewed according to the land price level at that time, and the land use right can be applied for again. The land use period for commercial, tourism and recreational land is 40 years. According to the relevant laws and regulations of China, if the land user needs to continue to use the land after the expiration of the term agreed in the land use right transfer contract, he shall apply for renewal no later than one year before the expiration, except for the need to recover the land according to the public interest, it shall be approved.
If the term is renewed, the land use right transfer contract shall be re-signed, and the land use right transfer fee shall be paid in accordance with the regulations.
Legal basis. Article 21 of the Law of the People's Republic of China on the Administration of Urban Real Estate The right to use land shall be terminated due to the loss of land.
Article 12 of the Interim Article 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) 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.
Hello! If you want to know what to do after the expiration of the property rights of the house, you must first understand the housing system in our country, and the land and the houses on the land have different ownership. Generally speaking, the property right of the house is composed of two parts: the ownership of the house and the right to use the land, the ownership of the house belongs to the individual property rights, is a kind of private property rights, protected by China's "Property Law", its term is permanent, as long as the property is not completely damaged and lost, it can always be enjoyed, "there is no time limit registration column in the real estate certificate", because according to the Constitution of our country, the ownership of the land belongs to the state and the collective, so the land use right is a right of use transferred by the state to organizations, institutions and individuals, That is to say, the ownership of the house is forever, as long as the house does not collapse, the house has always been the property owner, but the land belongs to the state. >>>More
Will the house be repossessed after the 70-year tenure expires? It's not that simple. First of all, the calculation of the 70-year property right does not start when you buy the house or get the title deed, but from the time the developer takes the land.
The property rights of the house you buy will be automatically renewed after 70 years expire. >>>More
1) 40-year property right houses, many of the patterns are dozens of households in one ladder, so the living density is relatively high, and the living atmosphere and quality will decline. In addition, the utilization rate of 40-year property rights will be lower than that of 70-year property rights because of the large share of shares. >>>More
The land belongs to the state, and the house is yours.