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Who will own the house when the term of ownership expires

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Source: Legal Chart Compilation · 2024.02.23 · 2253 people have seen it
Guide: After the property right of the house expires, the house will not be recovered. After the property right on the land use certificate expires, it will be automatically renewed. In other words, the state will not redeem the house, which is automatically divided into the name of the owner. 1. The ownership of the house is permanent and has no time limit. 2. The land use right has a time limit, because the land belongs to the state, and the state grants the land user the right to use the land for different years by means of fixed-term transfer of land.
 Who will own the house when the term of ownership expires

1、 Who will own the house when the term of ownership expires

The house expires in 70 years, which actually means Commercial housing 70 year old land use right Term, and land use right is one of the components of housing property rights. According to the Interim Regulations on the Assignment and Transfer of the Use Right of Urban State owned Land, the maximum term of residential land is 70 years. But after 70 years, the house will not be taken back, Land use certificate When the above property rights expire, they will be automatically renewed. In other words, the state will not redeem the house, which is automatically divided into the name of the owner.

1、 housing ownership It is permanent and has no time limit.

2. The land use right has a time limit. Because the land belongs to the state, the state grants the land user the right to use it for different years (70 years for residential buildings, 50 years for industrial/science, education, culture, health and sports/comprehensive projects, and 40 years for commercial/tourism/entertainment projects) by means of a term transfer of land.

The property right time is calculated from the time when the developer gets the land, not from property ownership certificate When.

2、 What to do when the 70 year property right expires

1. Automatic renewal

Although the property right of the house is only 70 years, when the term expires, there is no other planning plan for the section where the house is located, and the house can live normally, then it can be automatically renewed to extend the use time;

According to《 Civil Code 》Article 359 has clearly stipulated that "upon the expiration of the term of the right to use residential construction land, the renewal will be automatically renewed, and the payment or reduction of the renewal fee shall be subject to the laws and administrative regulations statute The property right of the house can be extended by paying a certain fee.

As mentioned here, some people may wonder how much compensation should be paid. According to the relevant provisions in the Civil Code, if you want to renew the fee, the maximum fee should not exceed 10000 yuan, and the minimum fee should not be less than 15.6 yuan/square meter. Moreover, according to the local economic level and policies, the fee paid can still be borne.

2、 Relocation compensation

Although the Civil Code has provisions on automatic renewal, ordinary floors will also age slowly, with a normal life of only 30 to 50 years. If they continue to use them, they may collapse into dangerous houses, or they will always face Demolition However, according to the current relevant policies, if the government wants to take away the land, it will add a demolition fee to the residents, or add additional fees to move into other buildings.

To sum up, after the 70 year property right of the property expires: 1. There is no reconstruction plan in the area, or the floor can live normally, and it will be automatically renewed after the expiration. The specific fees will be paid according to the local policies, but they are affordable; 2. If the floor is seriously aging or there is a construction plan in the section, the local government will pay the necessary demolition compensation or additional compensation to move into the new house.

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