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China's house ownership is 70 years, why do most people live in it for 50 years at most? Because the house will not be inhabitable for fifty years.
A complete real estate property right, including the "State-owned Land Use Right Certificate" and the "House Ownership Certificate", the two certificates have been merged into one certificate. Since land is owned by the state, individuals or organizations only have the right to use, and there are certain requirements and regulations for the right to use; Ownership refers to the right of an individual or organization to possess, use and dispose of it, that is, a private right, so ownership has no term. As a special commodity, the house itself is defined as the service life of the building according to the different building structures.
According to the relevant laws and regulations, the tenure of residential land is 70 years, that is, from the time of land approval to the expiration of 70 years, the expiration of the land tenure of the house you purchased means that you have to pay a new land transfer fee to the state in order to continue to obtain the right to use the land for the corresponding period, otherwise it means that your land use right is invalid.
At present, the embarrassing situation is that the "Property Law" stipulates that after the expiration of residential land, the land use period can be extended according to the situation of the building, how the transfer fee is collected, and what standard the property law does not specify, but the departmental regulations stipulate that the land transfer fee must be paid after the expiration of the land term before the land use right can be obtained again. How to solve the conflict between departmental regulations and laws is a problem that the legal profession needs to solve, and we ordinary people can only wait for 70 years to say what the situation will be, and we can only wait for future generations to tell us on the Qingming Festival.
In recent years, in some large cities, there have been some old houses land use rights expired, and the news reaction did not collect land transfer fees, how to solve such institutional contradictions, only the national level can solve the problem, we can only wait, there is no other way.
If your house is a particularly old community, the service life of the building has arrived, and it cannot be used after identification, and the land use life has also arrived, and it really wants to be demolished, which means that the two rights will disappear at the same time, how will we feel at that time?
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Because the property is all in the 70s, there are a few years to approve the property rights, and there are a few years to build the house, and then it will take a long time to move in and then renovate the house after a year or two.
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Because the raw material life of some houses is 50 years, if you live for too long, the house may have some problems, so most people will live for 50 years.
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Because the house is not inhabitable for about 50 years, it belongs to the complete real estate property, and the house has a certain number of years of residence.
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Difference 1: Different land planning uses.
According to the regulations, the maximum property tenure of our ordinary residential construction land is 70 years; Land for industry, education, science and technology, culture, health, sports, and comprehensive land for a maximum of 50 years. It can be seen that the land planning and use of a house with a 50-year property right and a house with a 70-year property right are different.
Difference 2: The cost of living is different.
Generally speaking, the utility bill for a house with a 70-year property right is charged according to civil standards; The 50-year property right house is for commercial use, so the water and electricity bills are charged according to the standard of commercial water and electricity, which is much more expensive. In this way, the daily cost of living in a house with a 50-year title is naturally higher.
Difference 3: Different payment requirements.
A 70-year property can be financed for up to 30 years, with a choice of commercial loans, provident fund loans, and portfolio loans. For a 50-year property, you can only choose to pay in full or use a commercial loan, and the loan can only be borrowed for a maximum of 10 years. It can be seen that the maximum loan term for a 70-year property is longer than that for a 50-year property.
Difference 4: The house purchase policy is different.
Generally speaking, the purchase restriction policy is mainly for residential products, so the house with a 70-year property right will be affected by the purchase restriction policy; The 50-year property right house is commercial in nature and is not affected by the purchase restriction policy.
Difference 5, the settlement situation is different.
According to the relevant regulations of each city, only the purchase of residential products that meet a certain area requirement can be settled. Therefore, only ordinary dwellings can be settled.
In simple terms, a house with a 70-year title is a residential property that can be settled in. However, a house with a 50-year property right is a commercial office property, so generally speaking, it cannot be settled. If you're buying a house for your child's future education, it's time to compare the two.
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In fact, the term of land use right assignment is different depending on the use. Seventy years of residential land; 50 years of industrial land; 50 years of land for education, science and technology, culture, health and sports; 40 years of commercial, tourism and entertainment land; Fifty years for comprehensive or other land use.
Article 17 of the Civil Code of the People's Republic of China provides that natural persons over the age of 18 are adults. Natural persons under the age of 18 are minors.
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1. Why is there a 40-year, 50-year, and 70-year property right? As we all know, house ownership includes house ownership and land use rights. Home ownership is perpetual, meaning that the house is yours forever.
However, the land use right is divided into 40 years, 50 years, and 70 years, which means that the land where the house is located belongs to the state, the state...
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Hello, happy with your question. The difference between the 50-year and 70-year property rights of the house is as follows: 1. The property rights are different for different years
50-year property rights: The land is owned by the state, and the general service life of 50 years refers to the 50-year service life of comprehensive land or industrial land, which is determined in the process of land transfer. Comprehensive land or industrial land.
The ownership period of the building property is 50 years. 70-year property right: 70-year service life refers to the 70-year service life of residential land, residential land.
The ownership period of the property is 70 years. 2. The nature of the land is different: the house building with 50 years of property right is built on comprehensive land or industrial land.
A house with a 70-year title can only be built on residential land. 3. Different ways to renew property rights: The renewal after the expiration of the 50-year property right use period shall be handled in accordance with the law.
If the period of 70 years of property right expires, it will be automatically renewed. Hope it helps
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1. The cost of future use is uncertain. If the former is stipulated according to the provisions of public construction, its water, electricity, heating and other use costs will be commercial**. Therefore, for home buyers, they should ask clearly when buying a house.
At present, most of the developers take corresponding remedial measures in the early stage of development, and can pay according to the civil **.
2. Differences in relevant taxes and fees. The deed tax is 3% for the initial purchase and future transfer of ordinary residential projects, while the deed tax is 3% for 50-year residential properties.
3. Restrictions on loan conditions. Most of these types of homes cannot be purchased with a CPF loan, but there are a few projects that can be done with the efforts of developers. For another 50-year or 40-year property, if you use a bank loan, you can only get 50% or 60% of the mortgage.
Fourth, the construction standards are different. If the construction standards of civil air defense and fire protection are higher in accordance with the relevant requirements of public construction, the cost will increase for developers, but it will have little impact on the use of home buyers.
Fifth, the design orientation is different. Public properties are less restricted by orientation, lighting, depth, etc., while ordinary residential properties have higher requirements. Since most of the future residents of the apartments in the core area are temporary, they pay less attention to orientation and lighting, while most of the apartments in the Lishuiqiao area can be designed according to the residential standards considering the future living needs.
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There is generally no restriction on the property rights of the house, and what is limited is the property right of the land to which the house belongs. The difference between 50-year property rights and 70-year property rights Generally speaking, 50-year property rights are comprehensive land, and 70-year property rights are residential land, and their respective uses are different. 50-year property rights are not allowed to use provident fund loans, some can be commercial loans down payment, and some can not even apply for commercial loans; Provident fund loans and commercial loans can be used for 70-year tenure residential land.
70 years of residential land can be settled, living fees are relatively low.
Article 12 of the Interim Regulations on the Assignment and Transfer of State-owned Land Use Rights in Cities and Towns of the People's Republic of China.
The maximum term for the transfer of land use rights shall be determined according to the following purposes:
a) Residential land for 70 years;
2) 50 years of industrial land;
3) Ten years of land for education, science and technology, culture, health, and sports;
4) Commercial, tourism and recreational land for 40 years;
5) Fifty years for comprehensive or other land use.
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1. The nature of the land is different
When a house with a 50-year property right is developed, it is generally approved for commercial land such as industrial buildings and comprehensive classes, which is in the nature of commercial land, so the property right period is only 50 years. The 70-year property right house is generally in the nature of residential land, and the property right period is relatively large, and it can be automatically renewed after expiration.
2. The cost of water and electricity is different
Because the 50-year property right house is commercial land, its water, electricity, gas and other fees are charged according to the standard of commercial land, which is much higher than the 70-year residential property right house, and the property cost standard is the same, which will lead to a lot higher living costs.
3. The loan policy is different
If you want to take out a loan to buy a house with a 50-year property right, you can only choose a personal commercial loan, unlike a house with a 70-year property right, you can choose any two types of loans, provident fund and business, and the combination of the two can also be used. Moreover, the loan method of a 50-year property right house is not only limited by this grandson, but its loan term, loan interest rate, and loan amount are not as high as that of a 70-year property right.
4. Different settlement policies:
It can be said that the reason why most people buy houses in the city is to settle down, but not any house can be settled, for example, a house with a 50-year property right basically cannot be moved into the hukou, so it cannot be settled. Generally, only a house with a 70-year property right can meet the settlement criteria before it can be divided into educational facilities.
How to calculate the number of years of property rights of the house.
1. The term of the land use right of the residential house shall be 70 years, which shall be counted from the time of obtaining the land use right of the place.
2. The starting time of the land use period of the property right of the house reform house shall be subject to the first house to pay the land transfer fee after the land includes the forest house participating in the housing reform.
3. The service life of affordable housing is 50 years. If the time of buying the house is 2006, then your land use right is only 61 years, but you have the permanent property right, and you can continue to live in 2067 as long as you pay the land transfer fee, because in China, private land is not allowed to negotiate acreage. Land ownership is always vested in the state, and individuals are only granted the right to use the land.
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Commercial and residential buildings with 50-year property rights are generally comprehensive land and industrial land, which do not belong to the right to use land for residential construction, and cannot obtain the privilege of automatic renewal after expiration, and need to apply to the relevant departments through the land use right. The 70-year property right is generally the right to use land for residential construction, which can be automatically renewed after expiration.
According to Article 359 of the Civil Code, which came into force on January 1, 2021? 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.
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