What if the property right expires in 70 years? There is a precedent for deferred payment.

? Not long ago, the news of "canceling 70-year property rights" went viral on the Internet, especially in the WeChat circle of friends. The post about accelerating the entry of property tax into legislation and the central government canceling the 70-year authority of real estate license was turned into a heated discussion. Although relevant departments and experts and scholars have come out to refute rumors, for most people, the most important property of the house cannot be sloppy!

? What if the property right expires in 70 years? When the property right expires in 70 years, isn't the house mine? This is probably the biggest question in the hearts of buyers. Not only that, but also houses with property rights for forty or fifty years. Whether the property rights will be extended after the expiration of these projects, how to extend them, and whether there are laws and regulations are all related to the vital interests of those who have bought and intend to buy a house. When the policy of "providing for the elderly with housing" began to be piloted in some areas, the problem of "what to do with the house after 70 years" once again became urgent and realistic.

? The "property right" is only 70 years at most.

? Lu Chao (pseudonym), who just bought a commercial house in Beijing, didn't expect that 70 years later, until he happened to see the local regulation "Measures for the Supply of State-owned Construction Land in Beijing (Trial)" promulgated in 2005, which clearly stipulated: "If the paid use period of land expires and land users need to continue to use the land, they should apply to the land administrative department at the latest one year before the paid use period expires. If they fail to apply or the application is not approved, it will expire.

? The words "expired", "unauthorized" and "repossessed without compensation" made Lu Chao worry about the future fate of his house. Lu Chao is nervous at the thought that one day the house he bought with his family's money may not belong to him.

? Lu Chao is so worried because the land use right in China is limited, and the calculation time of property right is also calculated from the time when the developer obtains the land, not from the moment when the purchaser obtains the house. The most common and longest property right restriction is 70-year residential property right, while commercial and residential property rights are mostly 40 or 50 years.

? So, 40, 50, 70 years later, "Is my house still mine? Or how can it continue to belong to me? " Lu Chao's confusion also represents the doubts of many buyers.

? Separation of land property rights and housing property rights

? Property rights can be renewed after expiration.

? If you want to know what to do after the expiration of housing property rights, you must first understand the housing system in China. Land and houses on land have different ownership. The difference between land use right and house ownership is that house ownership (that is, house property right) is permanent and there is no time limit. As long as the property is not completely damaged or lost, it can always be enjoyed. "There is no time limit registration column on the real estate license"; The land use right has a time limit of 40 years, 50 years and 70 years.

? In other words, the ownership of the house is permanent. As long as the house does not collapse, the house has always been owned by the property owner, but the land is owned by the state. According to different projects, the lease term of state-owned land is different: 70 years for residential land, 50 years for industrial, scientific, educational, cultural and health comprehensive land, and 40 years for commercial, tourism and entertainment land.

? According to Article 149 of the Property Law, the right to use residential construction land is automatically renewed upon expiration. It can be jointly proposed by the housing owners to pay the land transfer fee, which should be lower than the price of similar land transfer fees, similar to the difference between the cost price and the market price.

? In addition, if the land user does not apply for renewal, the land use right and the real estate on the ground will be recovered by the state free of charge. House ownership will naturally disappear.

? In another case, if the land user applies for renewal, but fails to approve the renewal according to law (that is, it needs to be recovered according to the public interest), the land use right will be recovered by the state free of charge, but the property on the ground will be compensated according to the residual value at the time of recovery.

? The renewal price will be subject to the prevailing construction area guidance price.

? Although residential property rights can be automatically renewed after expiration. However, how much land transfer fee needs to be paid when applying for land again, and according to what standard? Is the owner of the house property willing to pay? Can they afford it? Once the owner of the house is unwilling to pay, what should the house on the land do? There is no clear policy to answer this series of questions for the time being.

? Some people pessimistically believe that although land property rights belong to the state and housing property rights belong to individuals, after the expiration of 70 years of land use rights, there may still be a situation of "where the house goes, the state compensates". After all, the value of the house will decrease with the passage of time, while the value of the land is just the opposite, which is also the fundamental reason why people worry about the expiration of property rights. However, Yang Hongxu, vice president of Shanghai Real Estate Research Institute, believes that this is unlikely to become a universal approach.

? Yang Hongxu believes that according to the current relevant regulations of the state, after the land expires, it will be paid in a certain proportion according to the guidance price of the construction area at that time. This is also the most recognized way at present. In addition, according to the legal spirit of "automatic renewal" in Property Law, protecting the legitimate rights of property owners should be the basic starting point of legislation. It is very unlikely to recover the land directly or pay the huge land price difference according to the current market price. "The state will make timely policy adjustments, and before the centralized expiration of the land use rights of commercial housing, relatively perfect and fair laws and regulations will be promulgated."

? There is a precedent for commercial and residential buildings to renew their premiums due.

? In addition to 70-year-old houses, there are a large number of commercial and residential buildings in the property market. Because commercial and residential land belongs to commercial comprehensive land, the property right is generally forty or fifty years. Of course, there are some exceptions. A few commercial and residential projects, such as Jiahui International Center in Chaoyangmen and Aocheng Fu Rong Center in the Asian Olympic plate, are a few projects that have 70 years of property rights but also belong to commercial land.

? Compared with 70-year-old houses, many commercial and residential projects attract a large number of buyers because of their good geographical location and cheaper prices. Similarly, the short property rights also make commercial and residential projects expire before residential property rights. The government's handling of commercial and residential buildings with expired property rights also provides reference for residential projects.

? Shenzhen International Business Building is the first case of land use right renewal in China. Due to historical issues, the project has four different years of real estate licenses: 20 years, 30 years, 40 years and 50 years. The earliest 20-year property rights have already expired. For this reason, the "Several Provisions on the Renewal of Expired Real Estate in Shenzhen" promulgated by the government points out that if the owner continues to use the land due to real estate needs, the land use period will be extended according to the principle of paid use of the land without changing the use. In the remaining years (the longest service life stipulated by the state minus the service life), the amount of land transfer fee is 35% of the published benchmark land price. According to the Regulations, the houses with expired property rights of international commercial buildings are renewed by paying the land transfer fee, which also shows many commercial and residential projects an important basis for renewal.

? The general manager of a marketing center told the reporter of Beiqing Daily that according to the Property Law, although the land property right is a commercial comprehensive land, the houses on the land belong to the buyers. Even if the property rights of commercial and residential buildings expire in the future, it is very likely that they will continue to rent commercial and residential buildings by paying land transfer fees, just like houses. In addition, in sales, it is obvious that property buyers are not very concerned about the shortcomings of short property rights in commercial and residential projects. On the contrary, commercial and residential prices are cheaper than houses of the same quality in the same region, and the advantage of unlimited purchases and loans is more attractive to buyers.

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