How long is the ownership of the house?
At present, China's housing property rights are divided into two parts: housing ownership and land ownership. The term of house ownership is permanent. As long as the house is still there, you own all its property rights. Usually, the term of property right refers to the term of land use. According to the different nature of land use, land use rights are divided into 70 years for residential property rights and 40 or 50 years for commercial and office projects.
How to calculate the property rights of second-hand houses?
There are some misunderstandings in the calculation of housing property right term. Many people think that it is from the date of purchase. In fact, the calculation of the property right period of the house should start from the time when the developer takes the land. Accurately speaking, the term of property rights is calculated from the date of obtaining the state-owned land use certificate. For example, the developer took the land, the commercial house was completed in 2008, Xiao Zhang bought the house and obtained the property right, Xiao Zhang sold the property to Xiao Li, and Xiao Li obtained the property right of the house. Then when Xiao Li started this house, there were still 67 years of house property rights, and the expiration time of house property rights was +70 = 2085.
How to inquire about the property rights of second-hand houses?
1. Buyers can check the original purchase contract of the seller.
If it is the second-hand house transferred for the first time, the purchaser can check the original contract of the seller, which will generally record how many years and when the land use right of the house will start.
2. Property buyers can check with the Municipal Housing and Urban-Rural Construction Committee.
Usually, when a developer gets a sales certificate, it needs to be publicized online. According to one of the information such as the community name, pre-sale certificate number, development unit and project address, you can inquire about the property right of the second-hand house you bought in the Municipal Housing and Urban-Rural Construction Committee.
What should I do after the property right expires?
Article 149 of the Property Law stipulates that the right to use residential construction land will be automatically renewed upon expiration. Article 21 of the Urban Real Estate Management Law stipulates that 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, unless they need to recover the land according to public interests, they shall be approved. If the renewal is approved, a new contract shall be signed and the land use right transfer fee shall be paid. If the land use right transfer contract expires and the land user fails to apply for renewal, or the application for renewal is not approved, the land use right shall be recovered by the state free of charge.