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40 years.
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.
Hello, the 40-year property right house is not a small property right house, nor is it an illegal building, it can be purchased normally. The property rights mentioned here refer to the term of land use, that is, the 40 years indicated on the land use certificate. 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.
Buyers must have an understanding of the age of the house when buying a commercial house, and they can't buy a house with a 40-year property right and can only use it for 20 years, which is worth the loss.
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If there is no clear provision on the term of the right of residence, it may be presumed that the term of the right of residence is the life of the right of residence, and the life of the person with the right of residence is permanent.
Legal basis] Article 366 of the Civil Code.
The owner of the right of residence has the right to occupy and use the residence of others in accordance with the contract, so as to meet the needs of living and living.
Article 368.
The right of residence shall be established free of charge, unless otherwise agreed by the parties. Where the right of residence is established, an application for registration of the right of residence shall be made to the registration authority. The right of residence is established at the time of registration.
Article 369.
The right of residence cannot be transferred or inherited. The dwelling for which the right of residence is established shall not be rented out, unless otherwise agreed by the parties.
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Theoretically, there is no way to determine how long a small property can be occupied, it could be 10 or 20 years, or it could be permanent. Because it is possible that in the next 10 or 20 years, after the change of the national policy on small property rights, its nature will change, and it is not known whether it will be able to continue to live in it at that time.
The establishment of small property rights is mainly built on the abnormal homestead, which can also be understood as the construction of the house without the permission of the construction qualification, then the house is called a small property right house, so this kind of house has no formal information, and it cannot be compared with the commercial nature of the house, so this kind of house has no way to be listed and traded, and there is no way to determine its property rights and residence time.
The difference between a large property and a small property:
1. The basic nature of large property rights and small property rights has formed an intuitive difference, generally what we call large property rights is actually equivalent to a house with property rights, its property rights can be 40 years, 50 years or 70 years, but in the end, there is property rights, and small property rights houses have no property rights.
2. The transaction restrictions of large property rights and small property rights are also affected, and large property rights are real estate built under the condition of obtaining many permits, so the information is also complete, so there is absolutely no problem with normal listing transactions, and there is no way for small property rights houses to go through the purchase and sale procedures through the housing management center.
In addition, there are also risks, and everyone also needs to have a certain understanding, because there are many risks in small property rights houses, and there are many problems in living in them, so they are also more obvious differences from large property rights houses.
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The length of residence of a house with small property rights is uncertain, because "small property right house" is not a concept in the legal sense, but a conventional name, "small property right house" is a house built on rural collective land in the name of village collective organization or developer in the name of new rural construction in rural areas and suburbs, or a house built by farmers themselves for sale.
"Small property right houses" only have the "Collective Land Use Certificate" of the township ** or village committee, that is, the homestead certificate, and have not been recorded, there is no property right certificate, so they cannot be mortgaged or loaned. If the transaction is made, the buyer can only make a lump sum payment, and the purchase contract signed by both parties is not a formal purchase contract recognized by law.
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Small property rights are the village collectives in violation of national laws and regulations ** rural homesteads, so small property rights are not subject to national laws, as long as the village collective wants to recover the land, you can recover the small property rights at any time, that is to say, the service life of the small property rights is indefinite.
Introduction: Small property rights house, refers to the construction of houses on the collective land of farmers, without paying land transfer fees and other fees, the property right certificate is not issued by the state housing management department, but issued by the township ** or village **, so it is called "township property right house", also called "small property right house". "Small property right house" is not a legal concept, but a conventional title formed by people in social practice.
The so-called small property rights issued by the township ** actually have no real property rights.
Those that are issued by the state are called "large property right houses", and those that are not issued by the state are called "small property right houses". The dispute between large and small property rights is not the ownership of the house, but the right to use the land. There are three main interpretations of petty property rights:
1.It is for the property rights of the developer, the property rights of the developers are called large property rights, and the property rights of the buyers are called small property rights, which is called because the property rights of the buyers are divided by the property rights of the developer.
2.It is distinguished according to whether the land transfer fee needs to be paid when the house is retransferred, and the one who does not need to pay the land transfer fee is called a large property right, and the one who needs to pay the land transfer fee is called a small property right. According to this interpretation, ordinary commercial housing is large property right housing, and affordable housing is small property right housing.
3.It is distinguished according to the issuing authority of the property right certificate, the state issues the property right certificate called the large property right, the state does not issue the property right certificate, and the certificate issued by the township ** is called the small property right, also known as the township property right, and the township property right does not constitute the real legal sense of property rights.
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Some are thirty years, some are forty years. Not necessarily how many years. Look at the tenure of the land. Chase away is not known. That will be a matter for the future, depending on the national policy.
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Theoretically indefinitely. However, if it is the turn of the demolition, it may be troublesome, some old owners will not abide by the contract to drive you away, and such things happen frequently, so it is not recommended to trade small property rights privately, and small property rights transactions are not protected by national laws.
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