What to do after the expiration of 40 years of commercial fa ade housing

Updated on society 2024-07-05
4 answers
  1. Anonymous users2024-02-12

    When the 40-year property right expires, the property owner shall go through the renewal procedures at the housing registration department before the expiration and pay the renewal fee. If the term of the right to use land for residential construction expires, it shall be automatically renewed, and the renewal fee shall be in accordance with specific local regulations; Where the term of the right to use non-residential construction land expires, it shall be handled in accordance with laws or administrative regulations if there is an agreement, and if there is no agreement. The 40-year property right of the shop is non-residential land and cannot be automatically renewed.

    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. 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. Anonymous users2024-02-11

    Legal analysisIf the land user needs to continue to use the land upon the expiration of the term of use agreed in the contract for the transfer of commercial land use rights, he shall apply for renewal no later than one year before the expiration, except for the need to recover the land in the public interest, it shall be approved. If the renewal is approved, 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 regulations. The term of house ownership is permanent, while the land use right is one year 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).

    After the expiration of the land use period, the state will take back the land, and the property owner can go through the procedures for the transfer of land use rights again, sign a land transfer contract, and pay the land transfer fee to the state.

    Legal basisArticle 41 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights Article 41 When the term of land use rights expires, land users may apply for renewal. 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.

  3. Anonymous users2024-02-10

    After the expiration of 40 years, the commercial façade house can generally choose to renew the lease or negotiate the lease terms to renew the lease.

    1. Lease renewal. After the expiration of the commercial façade house, you can choose to renew the lease. Before renewing the lease, the landlord and tenant can negotiate and discuss issues such as rent and lease conditions.

    Generally speaking, 3 months before the expiration of the lease for the commercial façade, the parties should start negotiations to better deal with the renewal of the lease. However, it should be noted that the renewal of housing lease needs to comply with relevant laws and regulations, including urban renewal, rules for real estate delivery and auction, etc. (as shown in the image below).

    2. Negotiate the lease conditions to renew the lease.

    After the expiration of the commercial façade house, the parties can negotiate the lease terms for the renewal. Tenants can make some modification requests, such as modifying the rent, changing the lease term, repairing the house, etc. In this case, the landlord and tenant must renegotiate and agree on the new terms. (as shown in the image below).

    Introduction:

    The façade room is a general name for the room on the ground floor facing the street, including all residential buildings with property rights along the street on the ground floor, or commercial buildings with operating property rights. Therefore, the nature of the use of the house or the nature of the land is not a factor that defines the façade house. The façade room is only spoken in Ponzi language, without strict legal meaning or professional terminology, and is a conventional saying.

  4. Anonymous users2024-02-09

    The term of house ownership is permanent, and the land use right is one year or 70 years according to the relevant laws and regulations, and the land use right can be obtained by paying the land transfer fee again after expiration. Generally, the property right of a commercial real estate shop is 40 years, and after 40 years, some taxes such as deed tax are paid, and the shop can continue to be held. That is to say, the ownership of the land belongs to the state, we only have the right to use, and the 40 years of the shop refers to the term of the right to use the land, and the expiration is only the land lease time, not the real estate, and then you can continue to pay the land transfer fee to re-obtain the land use right of the house.

    Legal basis: Law on the Management of Urban Real Estate

    1. What is the term of property rights of the house?

    The term of property rights generally refers to the tenure of the land.

    The term of house ownership is permanent, while the land use right is ranging from years to 70 years according to the relevant laws and regulations, and the land use right can be obtained by paying the land transfer fee again after expiration.

    It can be simply understood that the house is always yours, but the land on which the house was built was temporarily lent to you by the state.

    2. How to calculate the property rights of commercial properties.

    The starting date of the term of the commercial property right is calculated from the date on which the developer obtains the right to use the land. The property right of the house refers 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, while the land use right is one year or 70 years according to the relevant laws.

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