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Title Deed. The property right of 40 years means that the land use right of the owner of the property is 40 years, and the land use right will be automatically renewed after 40 years, and the renewal fee will be increased by 1%-10% at that time, that is, the land use right transfer fee. Housing property rights refer 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.
A 40-year property is not a small property.
It's not a building violation.
It can be purchased normally. The property rights mentioned here refer to the land use period, that is, the land use certificate.
40 years as stated. Under normal circumstances, the 40-year property right is commercial, tourism, and entertainment land, and the water and electricity bills of such house residents will be higher than that of ordinary residents in accordance with commercial standards. The house ownership certificate specifically includes the "house ownership certificate".
and the "Land Use Right Certificate", and in some places, the housing management department and the land management department issue the "Real Estate Right Certificate". There is a property right certificate to dispose of the house, and some rights are not guaranteed without the property right certificate. Without applying for a real estate warrant, even if the buyer has paid the house payment and completed the check-in procedures, the house does not belong to the buyer in a legal sense.
Extended information: Forty-year land use right housing, which is a pure commercial house, similar to a shop. This type of housing has a separate formal title deed, deed tax deed and land deed.
The term is the right to use the land of the house. Moreover, there are property rights, and they can be listed and traded, and they can be bought and sold if they can be transferred. The so-called decades does not refer to the property rights of houses, but to the term of land use rights, which have different years according to the nature and so on.
The house is long for 70 years. No matter how many years, it is possible to confirm that the transaction can be transferred, confirm the nature of the house before purchasing, and then consider whether it is cost-effective according to the years of land use rights. References:
Title Deed Encyclopedia.
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The 40-year property right refers to the 40-year term of the land use right of the house. According to the regulations, the land use right can be renewed after expiration, and if it is not renewed, the state will take back the land use right.
The 40-year tenure does not refer to the tenure of the house, but to the 40-year tenure of the land for the house. According to Article 21 of the Law on the Administration of Urban Real Estate, if the term agreed in the land use right transfer contract expires and the land user needs to continue to use it, he or she 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 it is determined that the land use right transfer contract should be renewed, and the land use right transfer fee shall be paid in accordance with the regulations. This provision states that upon the expiration of the land use period, the user may apply for continued use of the land if he wants to continue to use the land.
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The definition of a house generally refers to a roof, surrounded by walls, which can be protected from wind and rain, cold and insulated, for people to work, live, study, play and store materials in it, and has a fixed foundation, and the floor height is generally more than one meterPermanentLocation.
There is an explicit reference to "permanence", so there is no question of age for the house. If a house is purchased, as long as the owner does not dispose of the house, then the house will always belong to the owner of the title deed.
The term of a house is 40 or 70 years, but it is not the age of the house, but the service life of the land on which the house is built. Because the land belongs to the state, there is a fee to build a house on the land of the state, which becomes the land transfer fee.
According to the Interim Regulations on the Assignment and Transfer of State-owned Land Use Rights, the right to use general residential land is 70 years, the right to use industrial land is 50 years, the right to use land for education, science and technology, culture, health and sports is 50 years, the right to use land for commercial, tourism and entertainment purposes is 40 years, the right to use storage land is 50 years before use, and the right to use comprehensive or other land is 50 years.
If the property right certificate indicates that the land use period is 40 years, it means that the house is a commercial house, and there is a 40-year use period from the time the developer acquires the land.
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A house with a 40-year property right refers to a land tenure of 40 years, and from the property right of the house, once the house is purchased, its ownership is permanent, but the land tenure is 40 years. At the expiration of 40 years, if the state allows continued use, the land transfer fee needs to be paid again. The property with 40 years of property rights is basically commercial real estate, office and commercial service apartment land, this kind of property rights not only have high property fees, but also high water and electricity bills, if it is only a family residence, it is not suitable.
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The property right of the real estate certificate is 40 years, then it means that the house is definitely not an ordinary residence, the general ordinary residential property right is 70 years, and the property right is a 40-year real estate certificate, indicating that the use of the house is a commercial nature, that is, we often say that the public building or shop, in addition, the property right of the commercial apartment real estate certificate is also 40 years.
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40 years refers to the right to use the land, ** sell the right to use the land for 40 years to the developer to build a house on it, the buyer buys the house, the house is owned by the buyer within 40 years of the land use period, and the land under the house is the state after 40. If the land use expires, it can be renewed, and if the renewal is approved, the land use contract shall be re-signed and the land use fee shall be paid.
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The property right of the real estate certificate for 40 years means that the land use right of your house is 40 years, and the property right of the house is used up permanently after the purchase, but after the land use period, you need to pay a certain amount of land transfer fee to the state.
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Buying a house for 40 years means that the term of the land use right of the house is 40 years. The property rights of the house are enjoyed in perpetuity after the purchase, but after the land use period, it is necessary to pay a certain land transfer fee to the state.
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The real property right is 40 years, this should be because the real estate certificate is only 40 years uh, so it should still need to be paid attention to, I think this property right well, only 40 years, beyond 40 years, this house is not his.
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Since the house is built on the land, and the land is owned by the state, you only have the right to use it, and after 40 years you have to pay to renew the land use right.
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The property right expires for 40 years.
Housing property rights are composed of two parts, the right to use the house, and the right to use the land. Among them, the right of the owner to use the house is sexual, while the right to use the land is limited by the term of use. So what should I do when the 40-year property right expires?
According to the relevant provisions of the Property Law, if the term of the right to use land for residential construction expires, it shall be automatically renewed, and the renewal after the expiration of the right to use land for non-residential construction shall be handled in accordance with the provisions of the law.
When the property rights expire in 40 years, there will be the following two ways to deal with them:
1. Extend the term of land use rights.
You can apply to the local land and resources bureau, and if the extension of the term of the land use right is allowed, then you can pay the land transfer fee. If you apply again, the period of use is generally not more than 30 years.
2. Give up the right to use the land and get compensation.
If the state has a plan for the land, then the state will take back the land, but will make a certain amount of economic compensation for the buildings on the land, which is generally similar to demolition and resettlement.
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The property right of the house is 40 years, which means that the right to use the land for construction of the house is only 40 years. The term of the land use right shall be automatically renewed.
Article 149 of China's Property Law stipulates that if the term of the right to use land for residential construction expires, it shall be automatically renewed. So you don't have to worry at all, the house is still yours and you only need to pay the renewal fee.
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The 40-year property right refers to the 40-year term of the land use right of the house. According to the regulations, the land use right can be renewed after expiration. If it is determined that the term to be renewed, Kai should re-sign the contract for the transfer of land use rights and pay the land use right transfer fee in accordance with the provisions on the shortage.
If it is not renewed, the state will take back the land use rights.
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The 40-year property right is that the land use period of the house is 40 years, and when the land use of the house reaches 40 years, if you want to continue to use the land, you need to apply for it. The method of dealing with the 40-year property right of the apartment after the expiration of the property is as follows:
1. If the land user submits an application for renewal to the land management department and is approved, he shall re-sign the land use contract and pay the land use fee;
2. If the applicant does not apply for renewal, the land use right will be recovered by the state free of charge;
3. If the renewal of the land user is not approved, the state will recover the land use right without compensation and compensate for the residual value of the property.
There are the following differences between property rights and ownership:
1. The difference between certificates. The real estate ownership certificate can not only prove the ownership of the house but also the right to use the land, while the house ownership certificate can only prove the ownership of the house, but not the right to use the land;
2. Some are different. The real estate management department is responsible for the housing ownership certificate, and the real estate ownership certificate is the department that has to manage all the money and land use rights of the house;
3. The period of use is different. The right to use a house is limited in time, while house ownership is a type of private property right and the time of use is permanent.
Legal basisArticle 209 of the Civil Code of the People's Republic of China.
The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
The ownership of natural resources that belong to the State in accordance with the law may not be registered.
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