When the property rights expire, does the house still belong to you?

Updated on society 2024-07-05
8 answers
  1. Anonymous users2024-02-12

    1. When the property right expires, does the house still belong to me?

    1. The property right of the house still belongs to oneself after expiration, and the property right of the house is composed of two parts, namely the ownership of the house and the right to use the land, and the so-called ownership of the house refers to the right of the person who owns the house to exclusively dispose of all the houses. House ownership belongs to individual property rights, is a kind of private property rights, there is no time limit, and the other part of house property rights is the right to use land, everyone knows that land is owned by the state, not by individuals, which is easy to understand the problem of the expiration of the property rights of the house, because the land is only the right to use rented from the state.

    2. Legal basis: Article 359 of the Civil Code of the People's Republic of China shall automatically renew the term of the right to use land for residential construction upon expiration. 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.

    Second, can the house be sold if the real estate certificate is not down?

    If you want to **, you can only sign the contract between the buyer and the seller, and the transfer can only be carried out after the real estate certificate is completed. The transaction of real estate is bounded by the transfer of property rights, and the principle of property rights without transfer does not belong to the buyer, so there will be no guarantee, and the buyer's risk is greater.

  2. Anonymous users2024-02-11

    After the expiration of the ownership of the house, the house still belongs to you.

    House ownership is made up of two parts, namely house ownership and land use rights. Home ownership is perpetual and there are no expiration issues. According to the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights, the service life of the land to which the residential land belongs is 70 years.

    Therefore, after the expiration of the property right of the house, the house still belongs to you, but you need to pay the land transfer fee to renew the land use right.

  3. Anonymous users2024-02-10

    Yes, if the house is still there, the house is still yours, but you have to pay the land tax. The tenure of the property title refers to the right to use the land occupied by the house, not the ownership of the house itself.

    The state stipulates that urban construction land is owned by the state, and individuals and enterprises can use it for a fee and trade the right to use it. The right to use the house is 70 years from the date of acquisition of the property. As long as the buyer has a legal title deed, the house is private property and does not belong to the state.

    The individual has ownership of the house as long as it remains.

    It is the land use right for 70 years, and the house is yours forever, but in China, the land is state, and you only have the right to use, 70 years for residential land, 40 years for commercial, and 50 years for comprehensive.

    After 70 years, if the state wants to use the land and your property rights expire, then you can only buy a new house. If the state does not use the land after 70 years, your house is not a dangerous house, and you will go through the relevant procedures.

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  4. Anonymous users2024-02-09

    The title to the house has expired, and the house is still mine. The property rights of houses of different nature are also different, usually houses built on residential land have a property rights of 70 years, and there are clear regulations for reference when the property rights of the house expire. Article 149 of China's Property Law stipulates the situation after the expiration of the property right of the house:

    Where the time of the right to use land for residential construction expires, it may be automatically renewed.

    House title considerationsWhen buying a house, it is best to pay attention to the nature of the land and buy a house with 70 years of real estate rights, so that it will be more convenient to renew when it expires.

    That is to say, even if the property right of the house expires, it doesn't matter, the ownership of the house is permanent, there is no time limit, only need to re-pay the land transfer fee, and the provisions of the 70-year automatic renewal of the house solve the knot of many people, so that we can buy a house more assured.

  5. Anonymous users2024-02-08

    It's still my own.

    The house is owned in perpetuity, so the title deed is written on the house ownership certificate; The land belongs to the state, and we only have the right to use, so we get a land use certificate, and the service life is 70 years.

    After 70 years, if the house is still there, you can go to the Bureau of Land Management to renew the land transfer fee. Continue to use the land. If the ** plan is to demolish the house, it will be compensated.

  6. Anonymous users2024-02-07

    Belong. Article 149 of the Property Law provides:

    1. If the period of "right to use construction land" for residential buildings expires, it shall be automatically renewed.

    2. The renewal of the non-residential "right to use construction land" after the expiration of the period shall be handled in accordance with the provisions of the 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.

  7. Anonymous users2024-02-06

    After the property rights expire, is the house still my own? I was excited after reading it.

  8. Anonymous users2024-02-05

    1. Is the house still my own after the property right expires?

    The property right of the house is composed of two parts, namely the ownership of the house and the right to use the land, and the so-called house ownership refers to the right of the person who owns the house to exclusively dispose of the house owned by him. House ownership belongs to individual property rights, is a kind of private property rights, there is no time limit, and the other part of house property rights is the right to use land, everyone knows that land is owned by the state, and not owned by individuals, which is easy to understand the problem of the expiration of the property rights of the house, because the land is only the right to use rented from the state. Individual owners only have the right to use the land, but not ownership, and the land use right is the land use right transferred by the state to organizations, institutions and individuals.

    The nature of the house is divided according to the nature of the land, and in general, the land use rights are divided into 40, 50 or 70 years.

    2. How much money do I need to pay after the expiration of the property right of the house?

    According to Article 149 of the Civil Code, if the right to use land for residential construction expires, it will be automatically renewed. 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.

    From the date of purchase, the house belongs to the purchaser, but the nature of the state-owned land determines that the land use right has a certain number of years, and the developer buys the land only for a certain number of years. The so-called 70 years just means that the use of the land is 70 years, and it has nothing to do with the house.

    That is to say, the ownership of the house is permanent, as long as the house does not collapse, the house has always been the property owner, but the land belongs to the state. According to the different project approvals, the period of renting national land is also different: for example, the property right of residential land is 70 years, the property right of industrial, scientific, educational, cultural, health and sports comprehensive land is 50 years, and the property right of commercial, tourism and entertainment land is 40 years.

    3. My uncle's house property right is about to expire, I want to know what to do after the property right of the house I bought in the city expires, I don't know it very well, so I ask a lawyer?

    1. The land user of the commercial property right inquiry shall submit an application for renewal to the land management department, except for the need to recover it according to the public interest, it shall be approved. If the renewal is approved, the land use contract shall be re-signed and the land use fee shall be paid. In this way, your ownership of the property continues.

    Of course, except for those that have become dilapidated houses and are forcibly demolished. 2. If the land user does not apply for renewal, the land use right and the above-ground real estate shall be recovered by the state free of charge. Home ownership will naturally disappear.

    3. If the land user submits an application for renewal and does not approve the renewal according to the law (i.e., if it needs to be recovered according to the public interest), the state shall recover the land use right free of charge, but for the above-ground real estate, corresponding compensation shall be given according to the residual value at the time of recovery. In this way, an explanation of the question of what to do after the expiration of the property rights of the house bought in the city.

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