Can I buy a 40 year house at the end of my tenure?

After buying a developer's property for 40 years, you can't really own the house for 40 years, and you need to renew the property right after the expiration of the property right period. A house with a 40-year property right is not a small property right house or an illegal building, and it can be purchased normally.

For the 40-year property right of the house has now expired, of course, it is also necessary to go through the procedures again, if you want to buy or sell, you must also have the approval contract of the ** department.

A house with a four-year tenure cannot be sold after expiration. Because your property rights have expired, you can't buy ownership.

Can a 40-year house be sold at the end of its term? If all the formalities attributed to you are sound, then you can sell it yourself, whether you can sell it or not, it depends on whether you like it or not.

Can a 40-year house be sold at the end of its term? That definitely can't be sold, who wants to buy this house of yours?

The 40-year property can be renewed after the expiration of the property. According to the law, 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.

"According to the relevant provisions of China's "Property Law", the house with a 40-year property right can be automatically renewed after expiration. The 40-year property right belongs to entertainment venues, mainly used for commerce, tourism, etc. After the expiration of the commercial housing, the land for the construction of housing shall be automatically renewed upon the expiration of the use period.

Under normal circumstances, there are three classifications of 40 years, 50 years and 70 years, 70 years mainly refers to ordinary residences, 50 years refers to industrial land, and 40 years mainly refers to commercial land. In fact, the property right of the house includes not only the property right of the house, but also the right to use the land where the house is located. The buyer's right to use the house is permanent, and the so-called 40-year property right mainly refers to the land use right.

The land in our country belongs to the state, and the owner of the house is only a renter. According to the 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. After the expiration of the 40-year property right of the house, there are generally the following two situations:

Extension of 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. If it is based on planning needs, the state needs to recover the land and buildings on the ground.

Then the owner can also get the corresponding economic compensation, which can be solved by a method similar to demolition and resettlement. Legal basis: Article 149 of the Property Law of the People's Republic of China [Renewal of the Right to Use Construction Land and Ownership of Houses and Other Immovable Properties on the Land] If the term of the right 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.

According to the relevant provisions of China's Property Law, when the use period of housing construction land expires, it will be automatically renewed. As for how to automatically renew, the latest regulations are to adopt the transitional method of "two nos and one normal".

That is, there is no need to apply for renewal, no fees are charged, and transactions and registration procedures are normal. That is to say, even if your house expires, it is still yours, and you don't have to worry about being ** or paying a very high fee when it expires.

Therefore, before the specific implementation regulations come out, the current "two nos and one normal" plan will not change, don't believe other people's payment remarks, beware of being deceived!

If you buy a commercial house, according to the new property law, the land use period expires, and it will be automatically renewed.

Summary. If the land user of the 40-year property right house does not apply for renewal, the land use right and the above-ground real estate shall be recovered by the state free of charge. The ownership of a house with a 40-year title will naturally disappear.

If the land user submits an application for renewal, and the renewal is not approved according to the law (i.e., it needs to be recovered according to the public interest), the state shall recover the land use right of the house with a 40-year property right free of charge, but for the above-ground real estate, corresponding compensation shall be given according to the residual value at the time of repossession.

If you buy a house with a 40-year tenure, what happens when the tenure expires?

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Hello, the land user of the 40-year property right house submits an application for renewal to the land management department, except for the need to recover it according to the public interest, it shall be approved. If the renewal is approved, the land use contract shall be re-signed and the paid land use fee shall be paid. This reputation is embodied, and the ownership of the house after 40 years has been extended.

Of course, except for those that have become dilapidated houses and are forcibly demolished and envied.

If the land user of the 40-year property right does not apply for renewal, the land use right and the above-ground house shall be recovered by the state free of charge. The 40-year property ownership of the house and the guessing type of house ownership will naturally disappear. If the land user submits an application for renewal, and the renewal is not approved according to the law (i.e., if it needs to be recovered according to the social and public interest), the state will recover the land use right of the house with a 40-year property right free of charge, but for the above-ground property, corresponding compensation will be given according to the residual value at the time of repossession.

Legal analysis: The land use period of the house has expired for 40 years, and it needs to be renewed before it can be sold.

Legal basis: Interim Regulations 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, it shall prepare and re-sign the contract in accordance with the provisions of Chapter 2 of these Regulations, pay the land use right transfer fee, and go through the registration process.

Like a house with a 70-year title, a house with a 40-year property right will be automatically renewed after expiration, and you only need to pay the land transfer fee.

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 no later than one year before the expiration, except where the land needs to be recovered in accordance with 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.

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.

Legal basis

Urban Real Estate Management Act

17th land users in accordance with the transfer contract to pay the transfer of land use rights, the municipal and county people's land management departments must be in accordance with the transfer contract, to provide the transfer of land; If the transferred land is not provided in accordance with the transfer contract, the land user has the right to terminate the contract, and the land management department shall return the land use right transfer fee, and the land user may claim compensation for breach of contract.

18th land users need to change the land use agreed in the land use right transfer contract, must obtain the consent of the transferor and the municipal and county people's ** urban planning administrative departments, sign the land use right transfer contract change agreement or re-sign the land use right transfer contract, adjust the land accordingly to make the transfer of the right to use the high tong.

Article 19 The transfer of land use rights shall be handed over in full to the treasury and included in the budget for urban infrastructure construction and land development. The specific measures for the handover and use of land use right transfer fees shall be prescribed by ***.

Article 20 The State shall not take back the land use rights obtained by land users in accordance with the law before the expiration of the term of use agreed in the transfer contract; Under special circumstances, according to the needs of the public interest, Qi Suitan can recover it in advance in accordance with legal procedures, and give corresponding compensation according to the actual years of use of the land by the land user and the actual situation of the development of the land.

Article 21 The right to use land is terminated due to the loss of land.

22nd land use right transfer contract agreed upon the expiration of the term of use, land users need to continue to use the land, shall apply for renewal at least one year before the expiration, except in accordance with the public interest needs to recover the land, 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.

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.