In China, housing property rights are divided into commercial housing property rights and non-commercial housing property rights. Among them, the property right of commercial housing is usually 70 years (in some areas, it is 50 years or 40 years), which automatically becomes invalid after expiration, and the ownership of the house belongs to the state. There is no provision for the term of property right of non-commercial housing, but the house will no longer have the effect of rights after it expires. After the property right expires, the property owner and heir can renew the lease or purchase according to law. If it is impossible to renew the lease due to insufficient economic conditions or other reasons, the house will be auctioned or turned over to the government for nationalization. In addition, the law also stipulates that you can enjoy certain renewal benefits, such as the elderly and the only child. , required to submit relevant certification materials when going through the renewal procedures. It should be noted that for disputed houses with expired property rights, the parties may apply to the relevant authorities for judicial relief in accordance with legal procedures.
After the property right of the house expires, does the heir have to go through the formalities of renewing the lease within the specified time? If the heir intends to continue to enjoy the ownership of the house after the property right expires, he needs to apply within the specified time and pay the corresponding renewal fee. If the successor fails to go through the formalities of renewal within the specified time, the property right of the house will be declared invalid and owned by the state, and it is impossible to go through the formalities of renewal.
Houses with expired property rights are owned by the state, which is an important feature of China's housing property rights system and puts forward certain requirements for property owners and heirs. It is suggested that property owners and heirs should strengthen their understanding of relevant regulations and procedures before the expiration of property rights. If in doubt, please consult the local housing management department or lawyer.
Legal basis:
Land Administration Law of the People's Republic of China Article 8 Land in cities belongs to the state. Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills belong to farmers' collective envy of oak celery.