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Will the owner of the house who buys a house after the expiration of the 70-year title be homeless? After the 70-year property right of the house expired, the renewal fee was paid, and it belonged to me. The real estate certificate will be automatically renewed after 70 years of expiration, and the expiration of the real estate certificate after 70 years is the expiration of the land use right.
After the expiration of the property rights, if the house is still there, then the house will still belong to you, but you will have to pay the land tax every year.
Regarding this situation, our country has already given an answer! Many people may think that buying a house will be their own within 70 years, and the property right will not be their own after 70 years. Actually, this is not true.
It is true that the house title certificate is 70 years, but it does not represent the ownership of the house, but the age of the land on which the house is located. To put it simply, the developer only has 70 years of investment and construction rights. After 70 years, the property rights of the house will go to the state.
As long as the buyer has an official title deed, the property will expire and will remain owned by the owner.
China's contract law has also been implemented, and the contract law clarifies the 70-year property right. According to the relevant provisions of the Property Law, after the expiration of the property right, the user can continue to use it as long as he pays a certain property fee.
In addition, in accordance with national regulations, the maximum cost shall not exceed 10,000 yuan, and the minimum shall not be less than 10,000 square meters. At the expiration of the 70-year property right house, it will be deducted according to the payment method. In addition, China also requires that if there is no other plan in China after the expiration of the property right, the owner must pay a sum of money to continue to use the house.
The first thing we know is the 70-year property right, which is divided into two parts: land property right and house property right. And what we often call 70-year property rights is land property rights, and we have just mentioned that house ownership is permanent, while land ownership is owned by the state. Generally speaking, the property right of the commercial house we buy is 70 years, and this 70 years does not refer to the owner's ownership of the house, but to the service life of the house location.
The time of acquisition of property rights is the beginning of the calculation of the developer's acquisition, not the beginning of the individual's acquisition of the title deed. Not all residential rights are 70 years. Generally speaking, the term of residential land property rights is 70 years, comprehensive land property rights are 50 years, and commercial and residential land property rights are 40 years.
Therefore, when buying a house, be sure to check the development company's land acquisition period. Some developers have been acquiring land for a long time to build houses, which is actually an indirect use of your real estate time, which must be remembered. But when buying a house, keep in mind how many years the house has been owned.
Actually, that's a big difference.
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After the expiration of the 70-year ownership of the house, then the owner can go to the local housing management office to re-register, not homeless after the expiration.
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Of course not. At this time, you can pay the renewal fee, and then these houses are also your own.
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After the property rights of the house expire, you need to pay a part of the taxes, and after paying the taxes, the house still belongs to you and can still be lived in.
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Legal analysis: The house belongs to the owner after the expiration of the 70-year real estate right date. Because 70 years does not refer to the property right of the house, but the number of years of the land use right occupied by the house.
At the end of the term, the land can continue to be used after the renewal fee is paid. According to Article 359 of the Civil Code, which came into effect in 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 the house and other immovable property on the soil bench, 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. The 70-year property right only refers to the land use right to which the house is attached.
The ownership of the land by Miyu is owned by the state, but it remains with the owner of the house.
Legal basis: Article 350 of the Civil Code of the People's Republic of China Article 9 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 the town for non-residential construction land shall be handled in accordance with the provisions of the 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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1. It still belongs to oneself, and the owner needs to pay the relevant fees again after the expiration, so that he can still continue to obtain the right to use the house land.
2. After the expiration of the property right, if the land is to be recovered, the owner shall be given the corresponding compensation, and if there is no disadvantage, the owner shall apply for renewal in time.
3. Before buying a house, we need to know whether the house is restricted from trading. If the house is demolished, mortgaged, involved in litigation, not owned by an individual, etc., then the rent of the house cannot be traded normally. For collectively owned housing, such as school property, military property, etc., if you want to do it, you need to get the consent and seal of the original property right unit before you can do it, but most units do not allow employees to work on this kind of housing.
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Legal analysis
The house will still be yours after the 70-year property right expires. The term of the house property is the time period of the land occupied by the house, the land is owned by the state, and the individual only has the right to use, but the house on the land is owned by the individual and has ownership. A house with a 70-year property right is a residential land and will be automatically renewed upon expiration.
Legal basis
Law on the Management of Urban Real Estate Surplus Property
Article 4: The State shall, on the basis of the level of social and economic development, support the development of residential construction for residents, and gradually improve the living conditions of residents.
Article 6 For the needs of the public interest, the State may expropriate the houses of units and individuals on State-owned land, and give compensation for demolition and relocation in accordance with law, so as to safeguard the legitimate rights and interests of the expropriated persons; Where an individual's residence is expropriated, the living conditions of the expropriated person shall also be guaranteed. The specific measures are stipulated by ***.
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Legal analysis: house ownership (i.e., real estate rights) is perpetual, there is no time limit, as long as the property is not completely damaged or lost, it can be enjoyed forever, and the land use right has a time limit.
Legal basis: Civil Code of the People's Republic of China
Article 209 The creation, alteration, transfer and extinction of real estate 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.
Article 211 and 14 Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.
Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.
Will the house be repossessed after the 70-year tenure expires? It's not that simple. First of all, the calculation of the 70-year property right does not start when you buy the house or get the title deed, but from the time the developer takes the land.
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After the expiration of the property right, you can renew it independently, and you only need to pay the land transfer fee, but the specific payment amount and payment formula have not been given by the country, please continue to pay attention to the national policy for details, I hope it can help you.