Article 149 of the Property Law stipulates that the right to use residential construction land is automatically renewed. After the expiration of the right to use non-residential construction land, the renewal procedures shall be handled according to law. The ownership of houses and other immovable property on the land, if there is an agreement, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be handled in accordance with the provisions of laws and administrative regulations.
The right to use residential construction land is automatically renewed when it expires, so that the owners of the community can rest assured. Automatic renewal solves the conflict between land use right and house ownership in terms of time limit, eliminates the worries of second-hand house buyers about the length of land use right, and will promote the circulation of second-hand houses and improve the utilization efficiency of houses and land. Although the Property Law does not mention the fees and related issues after renewal, nor does it specify how to deal with commercial and comprehensive construction land and whether it can be automatically renewed, with the improvement of subsequent laws and regulations, supporting laws and regulations will supplement the relevant parts of the Property Law.
It is the time limit for you to own this house, which is academically interpreted as "the time limit for the ownership of house property rights, including: civil houses, commercial buildings and industrial buildings." According to different types of buildings, the ownership period of general residential buildings is 70 years, and that of commercial buildings is 40 years. "
What does the term property right mean? How to calculate the term of property rights is the term of ownership of building property rights, including: civil residential buildings, commercial buildings and industrial buildings. According to different types of buildings, the ownership period of general civil residential buildings is 70 years, and that of commercial buildings is 40 years.
At present, what we usually call housing property rights can be roughly divided into:
1.) residential land, with a property right period of 70 years;
2) Comprehensive land, with a property right period of 50 years;
3.) For commercial land, the term of property right is 40 years.
The difference between 50-year-old property houses and ordinary residential projects;
Many property buyers are eager to know the difference between the "50-year residential property" project and ordinary residential projects. There are five main differences:
First, the future use cost is uncertain. The former is stipulated to be public, and its water, electricity, heating and other use costs adopt commercial prices. Therefore, for property buyers, ask clearly when buying a house. At present, most developers take corresponding remedial measures at the initial stage of development, which can be paid at the civil price.
Second, the differences in related taxes and fees. The deed tax for the initial purchase and subsequent transfer of ordinary residential projects is 1.5%, and the house deed tax for 50-year property rights is paid at 3%.
Third, the loan conditions are limited. Most of these houses cannot apply for provident fund loans, but a few projects can be done with the efforts of developers. Another 50-year-old or 40-year-old house can only get 50% or 60% mortgage if it uses bank loans.
Fourth, the construction standards are different. According to the relevant requirements of public construction, the former has higher standards of civil air defense and fire protection, which will increase the cost for developers, but have little impact on the use of property buyers.
I come from Suzhou. I would like to ask what the term property right means. Generally speaking, land belongs to the state.
At present, what we usually call housing property rights can be roughly divided into:
1.) residential land, with a property right period of 70 years;
2) Comprehensive land, with a property right period of 50 years;
3.) For commercial land, the term of property right is 40 years.
How long is the term of housing property rights? Who owns the house when the property right expires? What we usually call the term of house property right is actually the term of use of the land occupied by the house. According to the nature of the land, it is generally 40 years, 50 years and 70 years, and the starting time is calculated from the date when the developer obtains the land use right. Housing property right refers to the right that the owner of the house enjoys according to the national laws, that is, the ownership of the house, that is, the owner's right to possess, use, benefit and dispose of the property of the house. According to the property law, ownership is a permanent right without restriction. After the expiration of the land use right, you must apply for renewal in time. The specific ways to renew the lease are as follows: 1. The application for renewal submitted by the land user to the land management department shall be approved unless it needs to be recovered according to the public interest. 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 fails to apply for renewal, the land use right and the real estate on the ground shall be recovered by the state free of charge. 3. If the land user applies for renewal and fails to approve the renewal according to law, the state will recover the land use right free of charge, but for the above-ground property, compensation will be given according to the salvage value at the time of recovery. Legal basis: Article 149 of the Property Law of People's Republic of China (PRC) stipulates that the right to use construction land is renewed, and houses and other immovable property on the land will be automatically renewed when the term of the right to use residential construction land expires. After the expiration of the right to use non-residential construction land, the renewal procedures shall be handled according to law. The ownership of houses and other immovable property on the land, if there is an agreement, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be handled in accordance with the provisions of laws and administrative regulations. Article 12 of the Provisional Regulations of the People's Republic of China on the Assignment and Transfer of the Use Right of Urban State-owned Land shall be determined according to the following purposes: (1) seventy years of residential land; (two) fifty years of industrial land; (three) fifty years of land for education, science and technology, culture, health and sports; (four) forty years of commercial, tourism and entertainment land; (five) comprehensive or other land for fifty years.
How long is the property right of the house? What if the property right expires? Article 148 of the Property Law of People's Republic of China (PRC): Before the expiration of the term of the right to use construction land, if the land needs to be recovered in advance due to public interests, the house and other immovable property on the land shall be compensated in accordance with the provisions of Article 42 of this Law, and the corresponding transfer fee shall be refunded.
149th residential construction land use right expires, automatically renewed. After the expiration of the right to use non-residential construction land, the renewal procedures shall be handled according to law. The ownership of houses and other immovable property on the land, if there is an agreement, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be handled in accordance with the provisions of laws and administrative regulations.
Explain how long the property right of the house is. The most important things in the sale of commercial housing are two certificates, land certificate and real estate certificate. The term of ownership of housing property rights includes: civil residential buildings, commercial buildings and industrial buildings. According to different types of buildings, the ownership period of general civil residential buildings is 70 years, and that of commercial buildings is 40 years.
Article 149 of the Property Law stipulates that the right to use residential construction land is automatically renewed. After the expiration of the right to use non-residential construction land, the renewal procedures shall be handled according to law. The ownership of houses and other immovable property on the land, if there is an agreement, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be handled in accordance with the provisions of laws and administrative regulations.
The right to use residential construction land is automatically renewed when it expires, so that the owners of the community can rest assured. Automatic renewal solves the conflict between land use right and house ownership in terms of time limit, eliminates the worries of second-hand house buyers about the length of land use right, and will promote the circulation of second-hand houses and improve the utilization efficiency of houses and land. Although the Property Law does not mention the fees and related issues after renewal, nor does it specify how to deal with commercial and comprehensive construction land and whether it can be automatically renewed, with the improvement of subsequent laws and regulations, supporting laws and regulations will supplement the relevant parts of the Property Law.
How to calculate the period of housing property rights;
The property rights of commercial housing, affordable housing and two limited houses are counted from the date when the developer takes the land. Different houses have different property rights. For example, the developer took the land in 2000, and the land use period of commercial housing is 70 years. A bought this developer's house in 2005 with a remaining life of 65 years (2070-2005); The property right of public houses is different from the above three kinds of houses. His land service life is calculated from the first land income. Due to the different nature of land use, land income is generally paid at the time of listing. It should be noted that the land service life of public houses is calculated from the date when the first suite of this building is listed. For example, in a public rental housing community built in 1980, the second-hand housing transaction occurred for the first time in a building in 2000, so the land use period of the building began in 2000 and expired in 2070.
Expiration of property rights:
According to Article 149 of the newly promulgated Property Law: "The right to use residential construction land will be automatically renewed upon expiration."
Land users who need to continue to use the land after the expiration of the service life stipulated in the land use right transfer contract shall apply for renewal one year before the expiration, and shall be approved unless the land needs to be recovered according to public interests;
If the renewal is approved, a new contract shall be signed and the land use right transfer fee shall be paid. The land use right transfer contract expires, and the land user fails to apply for renewal, or the application for renewal in accordance with the provisions of the preceding paragraph is not approved, the land use right shall be recovered by the state free of charge.
1. The term of house property right is calculated from the date when the developer obtains the state-owned land use certificate. The service life depends on different land properties. According to Article 12 of the Provisional Regulations of the People's Republic of China on Assignment and Transfer of Urban State-owned Land Use Rights: "The maximum service life of assignment of land use rights shall be determined according to the following purposes:
(a) residential land for 70 years;
(two) industrial land for 50 years;
(three) education, science and technology, culture, health and sports land for 50 years;
(four) commercial, tourism and entertainment land for 40 years;
(five) comprehensive or other land for 50 years.
2. The term "property rights" as mentioned in these Measures refers to the ownership period of building property rights, including: civil residential buildings, commercial buildings and industrial buildings. According to different types of buildings, the ownership period of general civil residential buildings is 70 years, and that of commercial buildings is 40 years.