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The first batch of "youngest" is over 70 years old. Who owns the house after the property right expires? Existing cases in Shanghai
Abstract: In the past two decades, with the rapid rise of housing prices, "it is difficult to buy a house" has gradually become a universally recognized fact. According to the data from the website of the national house price quotation, the average house price in 50 major cities in China has reached 1.9 million/flat, which means that the total price of buying an ordinary house is close to 2 million, and the down payment of only 30% is as high as 600,000. Because of this, industrialist Cao bluntly said that young people are under great pressure to survive, and emptying their elders' wallets may not be enough for the down payment of real estate. Even if they can barely pay the down payment, they will continue to work for the bank for the next twenty or thirty years. I have to say that Cao's words have entered the hearts of countless people. But looking back, we still have to face the reality that housing prices are ridiculously high. The house is so valuable that it is natural to want to own it permanently, but in our country, land ownership and use right are separated, the land belongs to the state and the house belongs to the owner. Here's a problem. Who will the house belong to after the expiration of 70 years? Generally, the property right of a private house is 70 years, but few people can buy a house with a complete 70-year property right, because the property right is calculated from the moment when the land is successfully sold. Developers may not build property right immediately after taking the land, but it may take several years to build the house, and then it will take several years to sell it. Therefore, the property rights purchased by property buyers are within 70 years, and those over 60 years are rare. Previously, the state stipulated that the property rights of houses would expire in 70 years, and the state had the right to recover the land and use it for other purposes. This makes many people feel anxious and feel that the house will not belong to them sooner or later. In fact, this kind of worry is unnecessary, because 70 years of property rights is only a period in the early stage, and the house will not be lost after the expiration. The Civil Code implemented in 202 1 stipulates that after the expiration of the 70-year period, it can be automatically renewed, and the renewal needs to be paid. Although the land use right can be automatically renewed, everyone has to pay a certain fee, which is the "land use right transfer fee". It is understood that before the expiration of the land use right, it is necessary to apply to the relevant departments for renewal. After the approval of the relevant departments, the owners can re-sign the land transfer contract, pay the land transfer fee and go through the renewal registration procedures. It is worth mentioning that in the past, the leasing of land use rights was collected by the Ministry of Natural Resources and collected by the relevant tax authorities from May 20021year. In addition, it should be noted that the land use right should not be renewed as far as possible after it expires, because according to the regulations, the state has the right to recover the land use right without compensation after it expires. Of course, in order to protect the interests of the people, I believe that the state will not take back the house easily, but to be on the safe side, we should actively pay the land transfer fee to prevent the land use right from expiring. Moreover, as early as 20 16, China's Ministry of Land and Resources put forward a "transition plan" on housing property rights, clearly stating that there is no need to apply for renewal voluntarily after the property rights expire, let alone pay various fees. Although this plan is not a legislative provision, it is also a powerful reference. With the answer to the question of property rights, we can also imagine that with a 70-year-old house, the house is already a different scene, which can be described as "old and small". In domestic cities, some commercial houses were built in 1950' s, which also means that these houses are about 70 years old. At this time, the comfort of living is greatly reduced, and some houses have become dangerous houses, which are not suitable for people to live in. Moreover, some houses built in the past, such as public areas or fire exits, are relatively backward in design. Due to the differences in domestic regions, the treatment schemes will be different. Two communities in Shanghai were built very early. One is Peng Pu New Village, built in 1958, which has been built for 63 years by 202 1, and the other is Cao Yang New Village, built in 195 1. Cao Yang New Village adopts the renovation scheme, because it can still live on the whole. How did Peng Pu New Village, which is nearly 70 years old, do it? Relevant departments in Jing 'an District demolished and rebuilt the houses where Peng Pu New Village is located, which is called "original demolition and original construction". The original demolition and original construction refers to the renovation of new houses in the original location according to the original construction area. Residents first moved out of the old house by renting a house outside, and then the government demolished the old house and rebuilt it in situ. Then, after the house is completed, the residents will move back. The principle of reconstruction is "demolition and return". The options of these two communities are different, but the same thing is that after the expiration of property rights, the official resumption of land for other uses did not happen, the house in the hands of the owners did not lose, and the property rights of the houses were successfully renewed. But it is best to decorate the house, because it will not only turn the house into a new house, but also change the year of construction, which will directly affect the sale of the house, such as the loan period, and the difference between the new house and the old house will be even greater. Other "places" are not so rich, and it is estimated that it is difficult to learn from Shanghai. At present, there is another solution, that is, the renovation of old residential areas, that is, the renovation and reinforcement of houses over 20 years old, the installation of elevators and so on. But the question is, will the old reconstruction projects still exist in a few decades? So 70 years later, how to solve the problem of old houses is still unknown. To sum up, the 70-year property right is not the problem we should worry about most. Whose name is written on the real estate license, the house belongs to who, just wait until the expiration of the fixed number of years and then deal with it according to the regulations. Of course, if you are demolished, you can still get compensation, and you won't lose money, will you?