How to renew property rights when commercial housing expires?

1. Article 149 of the Property Law of Commercial Houses stipulates: "If the term of use of construction land for ordinary commercial houses expires, it will be automatically renewed." The so-called "automatic renewal" is the continuous right to use commercial buildings, not the land right of commercial buildings. Once these buildings are demolished, the land will be nationalized.

2. That is to say, the right to use the house of the purchaser of the commercial house has not been automatically converted into the land right under the commercial house because of the automatic renewal. "Therefore, commercial housing owners need to pay attention to the necessity of protecting the property rights of commercial housing. As long as the commercial housing building is still' healthy' after 70 years, the commercial housing building is still yours. "

3. The Property Law of Commercial Housing is a basic law, and most of the clauses in the Property Law of Commercial Housing are 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 that "the land for non-ordinary commercial housing is tight, and it is also the peak stage of the development of non-ordinary commercial housing products such as commercial housing, commercial real estate and industrial real estate. Therefore, the vague expression of the Property Law of Commercial Housing will undoubtedly continue to confuse developers and buyers."

4. If it is necessary to pay the fee for the renewal of the term of commercial housing, it is clear that "all restrictions on commercial housing are generated in the transaction link. If the house is not listed and traded after the property right of the owner of the commercial house expires, the commercial house renewal fee may not be paid. "

How long is the use period of commercial property rights?

1, the service life generally refers to the service life of land, the service life of commercial land is generally 40 years, the service life of industrial land is only 50 years and the service life of residential land is 70 years.

The Property Law stipulates that land has a term of use and real estate has no term of use. For residential properties, the term of land use will be automatically extended after expiration, and other types of properties will pay land use fees or be recovered by the government after expiration.

2. The term of land use right for pure shops is 40 years, and that for comprehensive shops is 50 years. The information you ask depends on the definition of the nature of the use of the shop downstairs in your certificate. If it is purely commercial, it will be 40 years, a total of 50 years. If it is also planned as a residence, it will be 70 years, but its nature is not a shop.

3. The high service life of commercial building land is 40 years, and the comprehensive service life of land is 50 years.

4. The land use time is calculated from the time when the developer obtains the land through bidding, so it is normal to use less than 40 years.

5, 40 years is a high land use period, which has nothing to do with the house, and the property right of the house is a permanent right.

6. When the term of use of residential land expires, it will be automatically renewed. Although it is not stipulated whether the commercial land is automatically renewed, it is believed that it can be renewed after paying a small amount of land transfer fees. The principle of dealing with this problem in the property law is that the state does not compete with the people for profits. Of course, the future depends on the specific policies at that time.