What to do when the condominium property expires, what to do after the condominium property expires

Renewal of land. After the expiration of the 40-year property right of the apartment, as long as the house is still inhabitable, the land must be renewed.

1.Extension of the term of land use rights. It can be jointly proposed by the owners of the house to pay the land transfer fee, which should be lower than the same type of land transfer fee, similar to the difference between the cost price and the market price;

2.According to the planning needs, if the state recovers the land and above-ground buildings, the owners shall be compensated accordingly, and the problem shall be solved by methods similar to demolition and resettlement.

Legal analysis: property rights will be automatically renewed when they expire, and the Civil Code stipulates that if the term of the right to use land for residential construction expires, it shall be automatically renewed, however, at present, the ownership of the house and the right to use the land constitute the property rights of the house, and the term of the ownership of the house is permanent.

The land use right can be obtained for 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. However, the specific land transfer fee depends on the size of the apartment. The so-called expiration of property rights is actually that its land use right has expired, and the house has no life, but in the special situation of our country, the land belongs to the state, and the apartment because it is of a commercial nature, so it only has 40 years of property rights, and after 40 years, the land will be nationalized, and the house still belongs to the buyer.

It's just that we need to pay a part of the land transfer fee to the state, and we need to pay attention to the need to apply in advance, at least one year in advance.

Legal basis: Article 359 of the Civil Code of the People's Republic of China Where 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.

Renewal of land. After the expiration of the 40-year property right of the condominium, as long as the house can still be lived, the land must be renewed.

1.Extension of the term of land use rights. It can be jointly proposed by the owners of the house to pay the land transfer fee, which should be lower than the same type of land transfer fee, similar to the difference between the cost price and the market price;

2.According to the planning needs, if the state recovers the land and above-ground buildings, the bureau shall compensate the owners accordingly, and solve the problem by means similar to the demolition and relocation of Antong Lu Jingzhi.

Since the use property rights of apartment houses are less than those of commercial houses, it is necessary to understand clearly when buying. What happens when the property expires? PChouse will take you to find out.

After the expiration of the 40-year tenure of the purchased apartment, the land user can apply for a renewal. According to the planning needs, the state will compensate the owners accordingly for the resumption of land and above-ground buildings, and solve the problem by means similar to demolition and resettlement. According to the "Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights".

Article 40 Upon the expiration of the term of land use rights, the ownership of land use rights and the buildings and other attachments on the ground shall be acquired by the state free of charge. The land user shall return the land use certificate and cancel the registration in accordance with the regulations.

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, and the land use right transfer fee shall be paid, or the registration shall be verified and completed.