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The property rights of the house you buy will be automatically renewed after 70 years expire.
The law stipulates that the term of use of the building right of ordinary civil housing is 70 years, and the term of use of residential construction land can be automatically renewed upon expiration. 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.
Data Extensions
According to the provisions of the Property Law, the circumstances after the expiration of the property right are:
Where the time of the right to use land for residential construction expires, it may be automatically renewed.
If there is an agreement on the ownership of houses and other immovable properties on the land, it shall be implemented in accordance with the agreement; Immovable property where there is no agreement or the agreement is not clear, it shall be handled in accordance with the provisions of laws and administrative regulations. Therefore, after the expiration of the 70-year property right of the house, there are generally the following two situations:
Extension of the term of land use rights. In this case, the owner of the house can jointly apply to the local land and resources bureau to pay the land transfer fee, of course, this ** should be lower than the same kind of land transfer fee**, similar to the difference between the cost price and the market price.
If it is based on planning needs, the state needs to recover the land and buildings on the ground. Then the owner can also get the corresponding economic compensation, which can be solved by a method similar to demolition and resettlement.
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How to deal with land use rights after the expiration of 70 years of property rights
Article 149 of the Property Law provides: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
1. The land user submits 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.
Data Extensions
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.
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Legal analysis: After the expiration of the property right of the house, either the state will give a one-time compensation for the land, or it will be renewed and continued to be used, or it will be used as compensation for the demolition of dilapidated houses.
Legal basis: Article 359 of the Civil Code of the People's Republic of China has provisions on the situation after the expiration of property rights
1) If the time of the right to use the land for residential construction expires, it may be automatically renewed.
2) Where there is an agreement on the ownership of houses and other immovable property on the land, the immovable property with an agreement or an unclear agreement shall be executed in accordance with the agreement, and it shall be handled in accordance with the provisions of laws and administrative regulations.
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3.Buying commercial property: Buying commercial property can avoid the problem of expiration of ownership, but it cannot be used for residential purposes.
1.Inheritance: If the owner of the house dies, the house can be inherited to his legal heirs, but the heir Huiliang needs to pay the land transfer fee.
In short, after the expiration of the 70-year property right of the house, the resident can deal with it through inheritance, asset exchange or **. In order to avoid this problem, residents can take measures such as buying a full ownership house, renting a house, or buying a commercial property. I hope that this article can help everyone.
3.Residents can give their homes to those who are interested in buying them, but they need to transfer the land use rights to the buyers.
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2.Rental housing: Renting a house can avoid the problem of property rights expiration, but the clear core is that the right of residence is restricted.
After the expiration of the 70-year property right of the house, the property rights belong to the state, but residents can deal with it in the following ways:
2.Asset exchange: Residents can exchange their houses as assets with ** to obtain new property rights.
With the continuous development of urbanization, the issue of property rights of houses has attracted more and more attention. Many people will encounter the problem of 70-year property rights expiring in the house, what should they do at this time? This article will introduce it in detail.
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2.Rental housing: Renting a house can avoid the problem of the expiration of the right to sue, but the right of residence is restricted.
After the expiration of the 70-year property right of the house, the property rights belong to the state, but residents can deal with it in the following ways:
2.Asset exchange: Residents can exchange their houses as assets for a new property to obtain new property rights.
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