What should I do if the property rights of shops expire?
The ownership of land belongs to the state, and we only have the right to use it. The 40-year period of a shop refers to the fixed number of years of land use rights, and the expiration is only the land lease time, not the real estate. At that time, we can continue to pay the land transfer fee and recover the land use right of the house.
When the land expires, the owner has the priority to apply to the state for extending the land use right. If the country has no demolition plan, the original owner can continue to use the land by paying the land transfer fee according to the current (due date) land price. If the country has a demolition plan, it will requisition land for free and compensate the price of the above-ground things.
How to renew the property rights of shops when they expire?
1. Article 149 of the Property Law of Shops stipulates: "If the term of the right to use the construction land of ordinary commercial housing expires, it will be automatically renewed." The so-called "automatic renewal" refers to the renewal of the right to use shops' buildings, not the land rights of shops. Once these buildings are demolished, the land will be nationalized.
2. In other words, the right to use the house of the shop purchaser has not been automatically converted into the right to use the land under the shop because of the automatic renewal. "Therefore, shopkeepers need to pay attention to the fact that they must take good care of the store property. After 70 years, as long as the shop building is still' healthy', then the shop building is still yours. "
3. The shop property law is the basic law, and the provisions of the shop property law are mostly sworn clauses. The specific operation needs timely follow-up by relevant local departments, such as taxation, land, real estate and other departments. Some professionals said, "The cycle of non-ordinary commercial residential land is short, and it is the peak stage of the development of non-ordinary commercial residential products such as commercial real estate and industrial real estate. Therefore, the vague expression of the shop property law will undoubtedly continue to confuse developers and buyers."
4. If it is necessary to pay the renewal fee of the store, it is now clear that "all store restrictions are generated in the transaction link. If the house is not listed and traded after the property right of the shop expires, the renewal fee of the shop may not be paid. "