Is the renewal of the 40 year property right a one time payment?

The renewal of the 40-year property right is a one-time payment only.

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 ownership of houses and other immovable properties on the land shall be in accordance with the agreement if there is an 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 transfer of land use rights may take the form of auction, bidding or agreement between the two parties. Commercial, tourism, entertainment and luxury residential land, where conditions permit, must be auctioned and tendered. If there are no conditions and the auction or bidding method cannot be adopted, the method of agreement between the two parties may be adopted.

The transfer fee for the transfer of land use rights by agreement between the two parties shall not be lower than the minimum price determined in accordance with the provisions of the state.

For the transfer of land use rights, a written transfer contract shall be signed. The land use right transfer contract shall be signed by the municipal and county people's land management department and the land user. The land user must pay the land use right transfer fee in accordance with the transfer contract.

If the land use right transfer fee is not paid in accordance with the transfer contract, the land management department has the right to terminate the contract and may request compensation for breach of contract.

If the land user pays the land use right transfer fee in accordance with the transfer contract, the municipal and county people's land management departments must provide the transferred land in accordance with the transfer contract. 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. If the land user needs to change the land use agreed in the land use right transfer contract, it 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, and adjust the land use right transfer fee accordingly.

Legal basis

Law of the People's Republic of China on the Management of Urban Real Estate

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.

*40-year renewal is a one-time event.

The renewal standard for 40-year property rights is as follows:

At the current rate of 1%-10% increase (i.e., land use right transfer fee), the land user submits a renewal application to the land management department, and the fee for the supplement will not exceed 5 figures. 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.

Housing property rights refer to the rights enjoyed by the owner of the property in accordance with the laws and regulations of the state, that is, the sum of the rights and interests of the house, that is, the right of the owner of the house to occupy, use, benefit and dispose of the house property. The term of house ownership is permanent, while the land use right is one year or 70 years according to the relevant laws and regulations, and the renewal fee is increased by 1%-10% at that time (i.e., the land use right transfer fee).

Classification by attribution of home ownership. At this stage, China's residential houses can be divided into the following according to property rights

1. State-owned residences;

2. Collectively owned residences by working people;

3. Privately owned residences of citizens;

4. Residences owned by other economic organizations (such as Sino-foreign joint ventures, etc.). Non-residential houses are mainly owned by the whole people (state property) and collectively owned properties, and only a small number of properties owned by other economic organizations.

Buying is one of the main forms of property rights that people acquire. When buying a home, you should pay attention to the following issues:

1. Check whether the purchased house is legal, whether the relevant procedures are complete, and whether the seller has a legal identity;

2. The house purchase contract should be signed with the seller, and the geographical location, purchase method, price, payment method, rights and obligations of both parties should be written in detail in the contract;

3. You should go to the housing management department in time to go through the registration and transfer procedures.

Legal basis

Article 21 of the Law of the People's Republic of China on the Administration of Urban Real Estate Upon the expiration of the term of use agreed in the land use right transfer contract, if the land user does not apply for renewal or fails to apply for renewal within the statutory time limit, and according to the needs of the public interest, the State does not approve the renewal application, the land use right shall be recovered by the State free of charge.

Summary. Supplement: The service life of residential land should generally be 70 years, and 40 years is generally commercial land. Whether it is 40 years, 50 years or 70 years, there is a time when it expires, and after the expiration of the land use period, as long as the house is still inhabitable, the land must be renewed.

I'm a mentor and I'm happy to answer for you! Hello, the 40-year property right renewal standard is: the minimum renewal standard for the expiration of the house property right is yuan, and the renewal fee cannot exceed 5 digits, in addition, the 40-year and 50-year sail cherry blossom production stove cluster right house also needs to pay more than 1,000 yuan per square meter of land use tax, which is shared equally by the households.

Supplement: The service life of residential land should generally be 70 years, and 40 years is generally commercial land. Whether it is 40 years, 50 years or 70 years, there is an expiration time, and after the expiration of the land use period, as long as the house can still be lived, Zhongyuan Liang has to renew the lease of the land.

Legal basis: Article 359 of the Civil Code provides that if the term of the right to use land for residential construction expires, it shall be automatically renewed. The payment or reduction of the renewal fee of the erection silver shall be handled in accordance with the provisions of the law and the administrative regulations on rental and demolition.

Note: The renewal of the right to use non-residential construction land after the expiration of the term shall be handled in accordance with the provisions of the law. Where there is an agreement on the ownership of the houses and other immovable properties on the land, the agreement shall be followed; If there is no agreement or the agreement is not clear, it shall be handled in accordance with the provisions of laws and administrative regulations.

Legal analysis: 1. Under normal circumstances, according to the relevant regulations, the property right can be renewed after the expiration of 40 years, and the renewal period is equal to the term of the property right at that time, which is 40 years. However, it depends on the relevant policies of the state, and at the same time, it needs to see whether the state needs to levy.

2. When renewing the fee, we need to pay the land transfer fee, which is lower than the transfer fee of the same kind of land, that is to say, he needs to make up the difference between the cost price and the market price, if the state needs to expropriate this land after 40 years, then we have no way to continue the renewal period, and can only be levied by the state. 3. But the state will also compensate for the expropriated land, and will let you be pulled out of the country's resettlement housing, in fact, I think that after 40 years, it is also a good thing that the apartment will be expropriated, because we will not have a life limit once we go to the demolition house.

Legal basis: Property Law of the People's Republic of China

Article 3 In the initial stage of socialism, the State adheres to the basic economic system with public ownership as the mainstay and the common development of economies under various forms of ownership. The state consolidates and develops the public sector of the economy and encourages, supports, and guides the development of the non-public sector of the economy. The State implements a socialist market economy and guarantees the equal legal status and development rights of all market entities.

Article 5 The types and contents of property rights shall be prescribed by law.

Article 6 The creation, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

Article 7: The acquisition and exercise of real rights shall comply with the law, respect social morality, and must not harm the public interest or the lawful rights and interests of others.

Article 8: Where other relevant laws have other special provisions on property rights, follow those provisions.

The standard for the renewal of the 40-year property right is 1% to 10% of the land use right transfer fee, which needs to be comprehensively determined according to the land price level at that time. Home ownership is perpetual and there is no expiration issue; After the land transfer fee is paid at the expiration of 40 years, the land use right can be applied for again.

Legal basis

Article 21 of the Law on the Administration of Urban Real Estate stipulates that the term of the land use right transfer contract expires, and the land user needs to continue to use it, he shall apply for renewal no later than one year before the expiration, except for the need to recover the land according to the public interest, it shall be approved. If the term is renewed, the land use right transfer contract shall be re-signed, and the land use right transfer fee shall be paid in accordance with the regulations. Article 359 of the Civil Code provides that if the period of authority 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.