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The real estate certificate is 70 years, and the house may not expire ** The land will be resold to the developer, and the residents will move out after the developer provides compensation and lives in the house, and the land will be redeveloped; Even if the house expires and there is no developer to ask for it, ** will not care, in short, these will be led by then.
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The Property Law stipulates that after expiration, it will automatically be renewed for 50 years, and the land will be automatically renewed for 70 years. You don't have to worry.
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When the time comes, there will be a policy, so you don't have to think about it for so long.
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At that time, the commercial house said that the land occupied only has the right to use, and the right to use the general residence is 70 years, and after 70 years, as long as the house is not a dilapidated house, then you can pay the next stage of land use fees according to the land area occupied, and continue to live in this house.
A fully documented house is private property and has no time limit, but the land occupied by the house has a service life. The land use of residential land is 70 years, the land use of industrial land is 50 years, the land use life of commercial land is 40 years, and the land use life of comprehensive land is 50 years, and the land use life of comprehensive land is 50 years, and the land use life of land is calculated from the time of land grant.
If you want to continue to use the land after the expiration of the use period, you can apply for an extension in advance, and if the approval is passed, you can continue to use it by paying a certain amount of land transfer fee.
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After the expiration of the 50-year property right, it can be renewed, and the renewal procedures are as follows:
1. When the property right of the house expires, the land user submits an application for renewal to the land management department, and it shall be approved except for the need to recover it according to the public interest;
2. The parties may apply for renewal:
1) If the renewal is approved, the land use contract shall be re-signed and the land use fee shall be paid;
2) If the land user does not apply for renewal, the land use right and the above-ground real estate will be recovered by the state without compensation, and the ownership of the house will disappear naturally.
3. If the renewal is not approved in accordance with the provisions of the law after the land user submits the renewal application, that is, if it is required 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 resumption.
Legal basisArticle 359 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.
The renewal of the property after the expiration of the term of the right to use the land for the construction of a non-residential house 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 is to be handled in accordance with the provisions of laws and administrative regulations.
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At the end of the 50-year tenure, the house will be automatically renewed and will not be repossessed. If the term of the right to use land for residential construction expires, it shall be automatically renewed. Generally speaking, the property right of a house consists 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, while 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. 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.
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What we call "70-year property rights and 50-year property rights" Refers to the tenure of the land. What happens to the property after 50 years expire? Next, let's take a closer look.
"50-year property-reserve housing" should be "50-year land-use housing" to be precise The term of office is not the number of years of property rights of the house, but the years of the land use right. The property rights of the house are always the property of the owner, while the land belongs to the state, and the owner only has the right to use it.
The land transfer is paid, and the land use right needs to be continued after the expiration. An application for renewal shall be made no later than one year before the expiration, except where the land needs to be recovered in accordance with the public interest, it 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.
According to the current relevant regulations of the state, after the expiration of the land, the payment shall be made according to a certain proportion according to the guidance of the floor and raw land at that time.
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Generally speaking, buyers should buy a house for 70 years, but some houses have a property tenure of only 40 or 50 years, or even shorter than 30 years. If the property right of the house purchased by the buyer is not 70 years, then it means that there are some problems with the property right of the house, because ordinary houses are 70 years of property rights, so can you buy a house with 50 years of property rights? What should I do when the tenure of the house expires?
Can I buy a house with a 50-year tenure?
If buyers want to buy a house with 50-year property rights, it is also possible, because most of the houses with 50-year property rights are commercial houses, and the biggest feature of commercial houses is that there is no limit to purchase and loan, and the total price is relatively low. And for investors who want to buy a house for rent, a 50-year property is also a good choice because it is in a better location and it is easier to rent.
How to calculate the tenure of the house?
Even if the buyer buys a second-hand house, when calculating the property right period, it is necessary to know the time when the developer takes the land.
What should I do when the tenure of the house expires?
If the property right of the house purchased by the buyer expires, it will generally be automatically renewed, but this is limited to residential houses with 70-year property rights, and the buyer can apply for renewal before the expiration date, re-sign the relevant contract, and pay a land use right transfer fee, but there is no clear provision in the law for commercial land with 40-year or 50-year property rights.
There is also a situation that cannot apply for renewal after the expiration of the house, such as urban development or other reasons that lead to the demolition of the house or the state ** the land, the owner can not be approved to apply for renewal, but for this case, the state ** land will compensate a certain value and market value of compensation to the owner, generally there are two ways to directly compensate the residence and money.
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