Legal advice: Hello, lawyer. After years of hard work, Lao Li finally saved enough money to buy a commercial house. But when I got the real estate license, my friend said that Lao Li had the property right of the house for 70 years, and Lao Li felt a little confused at the moment. Is this house no longer yours in 70 years?
The lawyer replied: Lao Li's worry is unnecessary. The Property Law stipulates that the right to use residential construction land will be automatically renewed when it expires. In other words, buyers still have the ownership of their own houses and the right to use residential construction land after 70 years. The right to use residential construction land in the first paragraph of Article 149 of the Property Law expires and is automatically renewed.
After the 70-year property right expires, will it still be yours?
The term of house property right actually refers to the service life of the land where the house is located. After the buyer buys the house, the house is yours. These are two different concepts. Upon the expiration of the property right term, it can be handled in the following two ways:
1. Extend the term of land use right. In this case, the owner of the house can jointly apply to the local land and resources bureau to pay the land transfer fee. Of course, this price should be lower than the price of similar land transfer fees, similar to the difference between cost price and market price.
2, if it is according to the planning needs, the state needs to recover the land and buildings on the ground. Then the owner can also get corresponding economic compensation and solve it through similar demolition and resettlement methods.
What to do after 70 years of commercial housing
1. The service life of state-owned land can be applied for continuous use. If you want to continue to use it, you need to pay a certain amount of land use right transfer contract. If you need to continue to use the land, you should apply for renewal one year before the expiration, except for the need to recover the land according to public interests, which should be approved.
3. The renewed land use right transfer contract shall be re-signed, and the land use right transfer fee shall be paid in accordance with the relevant provisions. This provision points out that users who want to continue to use the land after the expiration of the land use period can apply for continued use.
4. Through relevant laws and property law, the right to use residential construction land will be automatically renewed when it expires. Unlike many people think that the right to use residential construction land is renewed for free. According to the relevant property law, the right to use residential construction land can be automatically renewed, but how to renew it, whether to pay the land transfer fee and how much to pay it are not clear.
Up to now, there are no detailed rules for the implementation of land renewal at the national level, and there are no provisions on the charging standards for the renewal of land use rights of leased houses.
The above contents are for reference only, I hope I can help you. Thank you for your support to Kanfangwang. I wish you a happy purchase!