The difference between 40-year property rights, 50-year property rights and 70-year property rights

Property buyers tend to confuse property rights with land use rights. Housing property right includes housing ownership and land use right. The term of house ownership is permanent. According to the Provisional Regulations on Assignment and Transfer of State-owned Use Rights in Cities and Towns of People's Republic of China (PRC) (1990), the term of land use rights is 70 years. The maximum number of years for transferring the land use right of residential land with the range of 40 years, 50 years and 70 years is 70 years. After the expiration, you can pay the land transfer fee again and obtain the right to continue using the land.

The difference between land use right and house ownership

Land use right is the land use right transferred by the state to organizations, institutions and individuals. According to the Constitution of People's Republic of China (PRC), land ownership belongs to the state and the collective. When transferring the land use right, different service life is divided according to the development type. The maximum service life of residential land is 70 years, that of industrial construction land and comprehensive land is 50 years, and that of commercial construction land is 40 years.

Housing ownership belongs to individual property rights and is a kind of private property rights. It is protected by the Constitution of People's Republic of China (PRC). According to Article 64 of People's Republic of China (PRC) Property Law (implemented on June 65438+ 10/day, 2007), private individuals have legitimate income, houses, daily necessities, production tools and raw materials. Its fixed number of years is permanent.

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, you can always enjoy the "indefinite registration column of real estate license"; Land use rights have a time limit. The state grants land users the right to use for 40, 50 and 70 years by means of regular land transfer.

In other words, the ownership of the house is permanent. As long as the house does not collapse, the house will always belong to the property owner, but we are a socialist country and the land belongs to the state. According to different projects, the number of years of renting state-owned land is different, 70 years for housing, 50 years for industry, science, education, culture, health and sports, and 40 years for commerce, tourism and entertainment.

What should I do when the land use period expires?

1. Extend the term of land use right. 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.

2, according to the planning needs, the state to recover the land and buildings on the ground. Make corresponding compensation to the owner and solve the problem through similar demolition and resettlement.

According to the survey, the first method is generally recognized. Some people think that the house will be demolished after living for less than 70 years.

Whether it is 40 years, 50 years or 70 years, it will expire. After the expiration of the land use period, as long as the house can still live, the land must be renewed. This is the key. How to renew the fee? How to calculate the renewal amount? According to the current relevant regulations of the state, after the land expires, it will be paid according to a certain proportion according to the guiding price of the construction area at that time.

1, 70-year property right, what do you mean?

2. How to calculate the 70-year property right of the house?

3. In the future, the land use right will expire in 70 years. What shall we do?

Although there is no exact answer at present, Bian Xiao, combining with various information, summed up several analyses of the 70-year-old property right expiration in the current public opinion field.

(The above answers were published on 2017-04-11. Please refer to the actual situation for the current relevant procurement policies. )

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