What to do when the 40 year property right of the apartment house expires with 40 years of ownership

<> this era, everyone cherishes the house they have worked hard for, so everyone is very concerned about some policies on their own interests, we all know that real estate has a property right period, for example, the apartment is 40 years, so what should we do after the property rights expire?

1. What to do after the expiration of the 40-year property right of the apartment

1. The term of land use rights can be extended. The house owners can jointly put forward the opinion of paying 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.

2. According to the planning needs, the state recovers the land and above-ground buildings。Compensation shall be made to the owners accordingly, and similar methods of demolition and resettlement shall be used.

3. According to Article 149 of the Property Law:If the term of the right to use land for residential construction expires, it shall be automatically renewed。In accordance with the existing legal provisions:

Before the expiration of the land use right, the land user may apply to the relevant department for renewal, and if the renewal is approved, the transfer contract may be re-signed, the land use right transfer fee shall be paid, and the corresponding land registration procedures shall be completed.

The payment of fees is not regulated by law. There have always been rumors among the people that the house will be repossessed by the state without compensation after the property rights expire, which is a mediocrity that does not understand real estate rights and does not understand the law

Second, buy an apartment house to pay attention to

1. Pay attention to the property rights of the house in accordance with the relevant regulationsThe nature of the right to use the house is the same as the right to use the land, the nature of the landThere is only residential, commercial, and industrial land。Buyers only need to check the land use column in the "Land Use Certificate" of the real estate, and it is clear whether it is residential or commercial.

2. Choose a brand developerCompared with some small and medium-sized developers, brand developers have more brand strength, and the most important thing is to have good capital turnover. Moreover, such a company has a sense of responsibility, and there will be no unfinished phenomenon.

3. Clarify the purpose of purchaseIf you want to buy a house for financial management, it is recommended to choose a commercial apartment。This type of apartment has a lower rent than an office building, making it more popular with small businesses. If yesIf you live in your own house, it is recommended to choose a residential apartment

Because mostlyApartments of a commercial nature are not gas-filled, unable to meet basic living needs.

4. It is recommended to choose a superior location to buy a houseIt is recommended to choose an area with a mature business district and convenient transportation。On the one hand, it is because it is easy to rent and the rent is also guaranteed; On the other hand, it is because there is more room for appreciation, which is conducive to other uses.

5. The level of property management determines the occupancy rate of the house, and when buying a house, we must first ensure that the supporting facilities in the community are perfect, especially the commercial facilities. Secondly, the security measures of the community should be guaranteed, and the problems fed back by the owners should be dealt with quickly, so that the rent can be guaranteed.

Hello, auto-renewal is sufficient.

There are two outcomes for the expiration of a 40-year condominium.

1.There is no other plan from the state, and the owner only needs to continue to pay the land transfer fee to use it.

2.The state makes other plans, and if it needs to be demolished, it will compensate three times the housing fee.

The land transfer fee is paid by the appraisal company.

The land is evaluated, audited, and publicized to be paid.

The treatment of the expiration of the 40-year property right of the apartment house is as follows:

1. According to the provisions of the Civil Code of the People's Republic of China, 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;

2. 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. 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 shall be handled in accordance with the provisions of laws and administrative regulations;

3. If it is based on planning needs, the state needs to recover the land and above-ground buildings. Then the owner can also get the corresponding economic compensation, which can be solved by a method similar to demolition and resettlement.

Legal basis: Article 217 of the Civil Code of the People's Republic of China.

The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

Article 8 of the Real Estate Management Law of the People's Republic of China.

The transfer of land use rights refers to the act of the state transferring the state-owned land use rights (hereinafter referred to as the land use rights) to land users within a certain number of years, and the Huchi land users pay the land use right transfer fee to the state.

Article 9. The right to use collectively owned land in an urban planning area may be transferred for compensation only after it has been expropriated and converted into state-owned land in accordance with law, unless otherwise provided by law.

Hello, when the 40-year property right of the apartment expires, you can pay the land transfer fee according to the land price level at that time, and apply for the land use right again. The land use period for commercial, tourism and recreational land is 40 years, and an application for renewal can be submitted one year in advance upon expiration. Legal basis:

Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights Article 12 The maximum term of land use right transfer shall be determined according to the following purposes: 1. 70 years for residential land; 2. 50 years of industrial land; 3. The term of land for education, science and technology, culture, health and sports is 50 years; 4. 40 years of commercial, tourism and entertainment land; 5. Storage land for 50 years; 6. 50 years for comprehensive or other land use. Article 21 of the Law on the Administration of Real Estate in Closed Cities stipulates that upon the expiration of the term agreed in the land use right transfer contract, the land user shall apply for renewal at least one year before the expiration, except for the need to recover the land in the public interest, it shall be approved.

If the lease 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.

You can pay the land transfer fee according to the land price level at that time, and apply for the land use right again.

The 40-year ownership of the apartment will automatically renew at the end of the year. If the term of the right to use land for residential construction expires, it shall be automatically renewedThe term of house ownership is permanent, and the land use right is limited to one year or 70 years according to the relevant laws and regulations, and the land use right can be obtained by paying the land transfer fee again after expiration.

Description of the apartment

Condominiums are one of the most widespread forms of commercial real estate investment. Apartment houses were originally imported and were more economical and practical than single-family villas.

In the early days, the apartment houses in the big cities were all high-rise buildings, and there were a number of single-family suites on each floor, including bedrooms, living rooms, living rooms, bathrooms, toilets, kitchens, etc., which were mainly used by middle-income senior staff and civil servants at that time; There is also a part attached to the hotel, which is rented for some Chinese and foreign businessmen and their families who often come and go for a short period of time.

Multi-family buildings can be divided into two categories. The first category is buildings with two to four living units, which is what we often call two to four families. The second family is called duplexes in English, the third family is called triplexes, and the fourth family is called quadruplexes.

The second category is a building with five or more dwelling units, which is what we usually call an apartment building. Condominiums can be subdivided into town houses, condos, co-ops and apartments.