What does 70-year property right mean? What if the property right expires in 70 years?

What does 70-year property right mean? 70-year property right refers to the ownership period of housing property right, and the ownership period of general civil houses is 70 years. The service life of a house is divided into two concepts: one is the service life of the house itself, and the other is the service life of the land. Let's take a look at the specific introduction.

What does 1.70 year property right mean?

70-year property right refers to the ownership period of building property right, including: civil residential buildings, commercial buildings and industrial buildings. The ownership period of general civil houses is 70 years; 50 years of land for education, science and technology, culture and sports; Industrial land, comprehensive or other land for 50 years; The land use period of commercial, tourism and entertainment facilities is 40 years.

According to Chinese laws, "land use right" and "house property right" are two different concepts. The maximum term of assignment of land use right is 70 years. After the expiration of 70 years of land use, the land will be nationalized, and the buildings on the ground will still be owned by the owners. Those who apply for land use right again shall pay the land transfer fee according to the land price level at that time. Under the current system, our country belongs to the separation of premises, and the land use right of residential houses is 70 years, while the ownership of above-ground houses is indefinite, that is, unless they are demolished or become dangerous houses, the owners can own them permanently. Therefore, strictly speaking, the ownership of a house is indefinite and permanent. The 70-year property right that we often say at ordinary times actually refers to the term of land use rights. In other words, a 70-year property right is a 70-year land use right.

Second, when is the 70-year property right counted?

I believe everyone knows the meaning of 70-year property rights. Next, let's take a look at the calculation method of the 70-year service life of property rights. According to the relevant regulations, the 70-year service life of property rights is calculated from the time when the developer completes the land use approval procedures. Simply put, it is from the time when the developer gets the land use right certificate, and the buyers can refer to the time indicated on the land certificate to check the service life of the property right. For example, if the developer took the land in 2003, but didn't develop it immediately and didn't hand it over until 20 13, then the land use right of this community is actually only 60 years left.

3. What if the property right expires in 70 years?

1. The renewal application submitted by the land user to the land management department shall be approved unless it is withdrawn according to the public interest. If the renewal is approved, the land use contract shall be re-signed and the land use fee shall be paid. In this way, your property ownership can continue. Of course, except for the forced demolition of dangerous houses.

2. 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 shall be recovered by the state free of charge, but the above-ground property shall be compensated according to the residual value at the time of recovery.

3. If the land user fails to apply for renewal, the land use right and the real estate on the ground shall be recovered by the state free of charge. House ownership will naturally disappear.

I believe that now buyers have a clear understanding of the meaning of 70-year property rights, the calculation method of 70-year property rights and the treatment method after 70-year property rights expire. Then, buyers should pay attention to the property rights of commercial housing in the process of buying a house. With the development of economy and the increasingly clear laws and regulations of the state to protect private property rights, the problem of property rights after 70 years of property rights is expected to be gradually solved.

Fourth, the origin of 70-year property rights.

With the development of economy, the laws and regulations of the state to protect private property rights are increasingly clear, and the property rights problem is expected to be gradually solved after 70 years. Within the framework of legal policy, experts put forward three main points:

Re-sign the contract and continue to pay the transfer fee. After the expiration of the land use period, if the state needs to recover the land, the property owner may go through the formalities for transferring the land use right again, sign a land transfer contract and pay the land transfer fee to the state. The biggest obstacle to this practice is that as scattered individuals at that time, the community owners may not be able to reach an understanding on how to pay and how much to pay the land transfer fee. Just as the contradiction between property management companies and community owners is frequently exposed, at that time, how to seek the maximum balance of interests between the state, community owners and individual owners will become the key to the implementation of this practice. At the same time, the specific amount of this land use fee, whether the owners with property rights are willing to pay it, whether they can bear it, and whether the law allows the forced demolition of the owners' houses once the owners are unwilling to pay it, are unknown.

The house can go anywhere, and the state compensates. Because the land ownership of the country is owned by the state except collective ownership, the so-called 70-year land use period is granted by the state as the land owner. After the expiration of the time limit, the state has the right to recover the land, and the property right of the house has no time limit, so there is a contradiction between the state land ownership and the individual house ownership. The specific solution can be that the state takes back the land use right, the house can go anywhere, and the individual's house is also taken back, and the state gives some compensation. However, this idea has to face the embarrassing problem that many contradictions in house demolition have surfaced again, and the property law has determined to protect citizens' legitimate private property. Of course, the development of the city cannot continue to take the form of simple "state compensation-individual demolition". Therefore, we must find ways to make the country and the owners "* * * win".

Policies are constantly adjusted, and laws and regulations are improved in a timely manner. Many people in the industry generally believe that national policies and land management regulations have not been implemented for a long time, and the possibility and actual cases of economic losses caused to property buyers due to the problem of housing land use years are still relatively few. Property buyers and the whole real estate industry are not aware of the potential crisis in property rights. The market is still the dominant factor affecting the real estate price. However, the continuous adjustment of national policies and the timely improvement of laws and regulations will further promote the whole society's understanding of housing property rights and their values, and buyers will be more rational.

The above is about the meaning of 70 years of property rights, I hope to help you! Tubatu decorative net, the leader of the whole industry.

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