-
After the expiration of the property right of the house, you can refer to the following three points:
1. Renewal.
According to the regulations, the land use right can be renewed after expiration, but the state has not yet issued specific implementation measures after the expiration of the land.
Article 149 of the Property Law stipulates that if the period of use of residential construction land expires, it may be automatically renewed. Article 21 of the Law on the Administration of Urban Real Estate stipulates that: "If the land user needs to continue to use the land after the expiration of the term agreed in the land use right transfer contract, he shall apply for renewal no later than one year before the expiration, except that if the land needs to be recovered in accordance with 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. ”
After the expiration of the property right of the house, the owner of the house can apply to the land management department where the house is located for renewal, and after the application is approved, the land use contract will be re-signed, and the land transfer fee will be paid according to the land price level at the time of signing the contract, so as to regain the land use right. This is also an effective solution for the default expiration of property rights.
2. The state shall compensate for it.
If the application for renewal is not made after the expiration of the house or the application for renewal is not approved, the state may take back the right to use the land occupied by the house in accordance with the law, and the house attached to the land will be compensated according to a certain value and market value.
3. Compensation for the demolition of dilapidated houses.
If there are serious quality and safety problems after the expiration of the property right or before the expiration of the house, or if it is defined as a dilapidated house, the process of demolition will be followed according to the procedure. The owner of the demolished property will be compensated for the house and money according to the standard of compensation for the demolition.
Legally, the owner of the house has the option to apply for renewal after the property title expires. But judging from the existing policy, your house will not always be yours. Therefore, before the expiration of the property right term, it is necessary to prepare in advance, so as not to be caught off guard when the state requires the first land use right.
-
The term of property rights of houses is the same as that of construction land. Property law distinguishes between residential land and other types of land.
1. The term of use of residential land is generally 70 years, and it will be automatically renewed after expiration. The Property Law only stipulates automatic renewal, and the housing and land use rights are still owned by the property owner, but the Property Law does not stipulate the renewal fee, which needs to be clarified by laws and regulations in the future.
2. For non-residential land, whether it can be renewed after expiration and the renewal fee shall be handled in accordance with the laws and regulations at that time. 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.
Property Law. Article 149: Where the term of the right 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.
-
The house seems to have no life, the land has a service life, and the fee will be paid when it expires, and if it is recovered, the owner of the house will be compensated. It doesn't seem to have happened yet.
-
Renew the property procedures and pay the fees. However, national policies have not yet been introduced. It is reported today that the results of the treatment may be representative.
-
Theoretically, it is back to the state.
-
Legal analysis: The property right will be automatically renewed after expiration, and the renewal fee shall be paid in accordance with the provisions of the law. According to the regulations, 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.
Legal basis: Article 359 of the Civil Code of the People's Republic of China Where 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 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.
-
1. What should I do after the expiration of the property right period? According to Article 149 of China's "Property Law", the situation after the expiration of housing property rights stipulates: 1. When the time of use authority for residential construction land expires, it can be automatically renewed.
2. The ownership of houses and other immovable properties on the land shall be executed in accordance with the provisions of the agreement if there is an agreement, and the immovable property that is not agreed or the agreement is not clear shall be handled in accordance with the provisions of laws and administrative regulations. 2. When does the term of property rights start to be counted? The starting date of the property right of the house is calculated from the date on which the developer obtains the right to use the land.
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 the house ownership is permanent, while the land use right varies from one year to 70 years according to the relevant regulations. After the expiration of the land use period, a certain percentage of the land transfer fee will be paid to extend the service life, and the newly implemented property law stipulates that the residential property will be automatically renewed after 70 years, and there are no detailed provisions on how to deal with the land after the expiration of other properties, usually it is necessary to apply to the management department, and pay a certain fee for renewal after approval.
3. The maximum term of land use right transfer in China is divided into the following uses: 1. 70 years for residential land; 2. Fifty years of industrial land; 3. 50 years of land for education, science and technology, culture, health and sports; 4. Commercial, tourism and entertainment land for 40 years; 5. Fifty years for comprehensive or other land use. Therefore, as long as the house is a residential building, the issue of the length of ownership will basically not affect our lives.
As for the term of other house property rights, similar to commercial buildings, after the expiration of the property rights of these properties, we should still focus on the renewal policy stipulated by the provincial land department. At present, China's land management policy has initially laid down a major guideline, and although it will continue to be adjusted with the progress of the times, it will not infringe on the legitimate rights and interests of land users.
-
After the expiration of the property title, the land user submits an application for renewal to the land management department
-
Dear, hello, is answering this question for you, you need to wait patiently for about five minutes, the answer will be revealed for you immediately, please don't worry!
Hello, the property right of the house is composed of two parts: the ownership of the house and the right to use the land, but the term of the ownership of the house is permanent, and the land use right is 4 years, 50 years or 70 years according to the relevant laws and regulations. The Property Law stipulates that: "If the term of the right to use land for residential construction expires, it shall be automatically renewed."
After the expiration of 70 years of land use, if you apply for land use right again, you should pay the land transfer fee according to the land price level at that time. The method of handling is roughly as follows: 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. Second, 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.
Third, if the land user submits an application for renewal and the renewal is not approved in accordance with the law, 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 resumption. Legal basis: Article 149 of the Property Law of the People's Republic of China [Renewal of the Right to Use Construction Land and Ownership of Houses and Other Immovable Properties on the Land] If the term of the right to use land for residential construction expires, it shall be automatically renewed.
If you have any other questions, feel free to call me, we are always ready for you to have a happy life!
1. The term of property rights of the house is calculated from the day when the developer obtains the "State-owned Land Use Certificate". According to the twelfth line of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights, "the maximum term of land use rights shall be determined according to the following purposes: >>>More
Renewal of land. After the expiration of the 40-year property right of the apartment, as long as the house is still inhabitable, the land must be renewed. >>>More
What is the length of ownership of a house.
The property rights of the house you buy will be automatically renewed after 70 years expire. >>>More
1. When the property right expires, does the house still belong to me? >>>More