Is there a unified standard for the land use period of commercial housing in the new property law?

Is there a unified standard for the service life of commercial housing land in the new property law? The longest is 70 years, and the lowest is generally 20 years, which is within this range. Many places require a full year (that is, 70 years) to apply for land use rights.

Provisions on the service life of leased land: the height of residential land is 70 years, the longest for general commercial land is 50 years, and the longest for special commercial land is 40 years. If you are satisfied with the answer, please click Accept.

The service life of agricultural land cannot be "sold" but only rented. The general contract term is 30 years. If the lease is for village construction land, it will generally not exceed 20 years.

Land lease:

Land lease is an economic activity in which the owner of a piece of land is separated from the land user for a certain period of time, and the land user pays the rent to the land owner during the use of the land, and the land user returns the land after the expiration.

Lease method:

With the deepening of the reform of land use system, there are two different ways of land lease in China. First, the lease of state-owned land; The first is the lease of land use rights. State-owned land leasing and land use right leasing are both ways of paid use of state-owned land.

In the land management laws and regulations, the Interim Provisions on the Management of Allocated Land Use Rights in the Reform of State-owned Enterprises (Order No.8 of the former State Bureau of Land Management) issued in February 198 put forward and defined the concept of state-owned land lease for the first time, and made it a way for the state to dispose of land assets.

1998 65438+1The Regulations on the Implementation of the Land Management Law of February 24, 1998 has clearly defined the lease of state-owned land as a way of paid use of state-owned land.

Article 1 of the Opinions on Standardizing the Lease of State-owned Land issued by the Ministry of Land and Resources on July 27 stipulates: "The lease of state-owned land refers to the act that the state leases state-owned land to users, and the land users sign a land lease contract with the land administrative department of the people's government at or above the county level for a certain period of time and pay the rent. State-owned land leasing is a form of paid use of state-owned land and a supplement to the transfer method. " Article 6 of the Opinions stipulates: "When leasing state-owned land, the lessee obtains the right to use the leased land." The subject matter of land use right lease is complex, that is, it includes not only land use right, but also buildings and other attachments on the land. When leasing the above-ground buildings and other attachments, the land use right within its scope shall be leased together, and when leasing the land use right, the above-ground buildings and other attachments shall also be leased together. Land leasing is generally combined with housing leasing, and simple site leasing is relatively rare in the whole land use right leasing market.

Because in the lease of land use right, the ownership of land use right and above-ground buildings and other attachments is not transferred, the lessee obtains the right to use land and above-ground buildings and other attachments for a certain period at the expense of paying rent, which is usually short in time, relatively less in investment, convenient and flexible, and the lessor recovers the investment through the rent paid by the lessee, so the lease of land use right is very common and has various specific forms. Such as commercial counter rental, various pavement rental and house rental. , including the lease of land use rights.

In the concepts of state-owned land lease and land use right lease, words such as lease and rent are used, which is easy to confuse people. In essence, there are the following main differences between state-owned land leasing and state-owned land use right leasing:

First, the land market is different. State-owned land lease belongs to the primary land market; The lease of state-owned land use right belongs to the secondary or tertiary land market.

Second, the subjects of legal relations are different. The main body of state-owned land lease is the land owner and the land user. The lease of state-owned land use right is carried out among land users, and the lessor, the main body, is the transferee who obtains the land use right through allocation, transfer (or transfer); The lessee is an actor who obtains all or part of the right to use land, buildings and other attachments on the ground within a certain period of time and pays rent to the lessor regularly.

Third, the rights and interests of land users are different. Article 6 of the Opinions stipulates: "When leasing state-owned land, the lessee obtains the right to use the leased land. After paying the land rent and completing the development and construction, the lessee may sublease, transfer or mortgage the right to use the leased land with the consent of the land administrative department or according to the lease contract. The sublease, transfer or mortgage of the right to use the leased land must be registered according to law. ..... "Sublease of the right to use the leased land. If the lessee sublets or sublets the leased land to a third party, the right to use the leased land is still held by the original lessee, and the land lessee has established an additional lease relationship with the third party, and the third party obtains other rights of the land.

Transfer of the right to use the leased land. If the lessee transfers the land lease contract, the rights and obligations stipulated in the lease contract shall be transferred to a third party, and the lease contract shall remain valid after its name is changed.

Mortgage of the right to use leased land. As can be seen from the provisions of Article 6 of the Opinions:

First, the right to use the leased land alone can be mortgaged, that is, there are no buildings and structures on the leased land that can be mortgaged.

Second, if buildings and structures such as houses on the ground are mortgaged according to law, the right to use the leased land can be mortgaged accordingly. The land lease contract is transferred at the same time as the mortgage right is realized.

Allocation of land use right lease. Article 44 of the Provisional Regulations on the Assignment and Transfer of the Use Right of State-owned Land in Cities and Towns (hereinafter referred to as the Regulations) stipulates: "The allocated land use right shall not be transferred, leased or mortgaged except under the circumstances stipulated in these Regulations." Article 45 stipulates: "With the approval of the land management department and the real estate management department of the people's government of the city or county, the allocated land use right and the ownership of the above-ground buildings and other attachments can be transferred, leased or mortgaged if the following conditions are met:

1. Land users are companies, enterprises, other economic organizations and individuals;

Second, the state-owned land use certificate;

3. Buildings and other attachments with legal property rights;

Four, in accordance with the provisions of the second chapter of this Ordinance, sign a contract for the transfer of land use rights, and pay the land use right transfer fee to the local city and county people, or pay the land use right transfer fee with the proceeds from transfer, lease or mortgage. "According to the above provisions, when the allocated land use right is transferred, leased or mortgaged, there must be legal buildings or other attachments on the ground. In other words, there are no buildings or other attachments on the ground, and simply allocating land use rights cannot be rented. At the same time, according to Article 55 of the Urban Real Estate Management Law, if the real estate owner rents out the above-ground buildings with allocated land use rights for profit, he shall turn over the land income included in the rent to the state. It is worth noting that it is illegal for land users to lease or allocate land use rights without legal reasons.

Lease of transferring (or transferring) the land use right. According to the "Regulations", land users who have obtained land use rights can lease land use rights within the prescribed time limit. Failing to invest in the development and utilization of land according to the time limit and conditions stipulated in the land use right transfer contract, the land use right shall not be leased.

How to define the service life of land? The nature of land is allocation. There is no service life, and the nature of the land is transferred. General business is 50 years, and residential is 70 years at most.

What are the legal provisions on the term of land use? First of all, it is clear that some people used to grow crops, that is to say, it is not a private homestead, but cultivated land, and it is illegal to build houses on cultivated land. And now the property law is not perfect. Do you have a homestead certificate for that land? If it is not stated that the building is illegal, the law will not protect it. If it weren't for agricultural registered permanent residence, even with the homestead certificate, you wouldn't get the land compensation (this money is for farmers' friends) during the demolition, but only the compensation for things on the ground. Answer over! Apply for 50 reward points

What laws stipulate the service life of land? Provisional Regulations of the People's Republic of China on Assignment and Transfer of the Right to Use Urban State-owned Land.

Twelfth land use rights transfer the maximum number of years according to the following purposes:

(a) residential land for seventy years;

(two) fifty years of industrial land;

(three) fifty years of land for education, science and technology, culture, health and sports;

(four) forty years of commercial, tourism and entertainment land;

(five) comprehensive or other land for fifty years.

How does the latest land use policy stipulate that the residential land use period is 70 years?

Industrial land for 50 years;

The land use period for education, science and technology, culture, health and sports is 50 years;

Commercial, tourism and entertainment land for 40 years;

50 years of storage land;

Comprehensive or other land use for 50 years.

The land service life of commercial buildings is 1. The maximum land use life of commercial buildings is 40 years, and the comprehensive land use life is 50 years.

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

3.40 years is the maximum land use period, which has nothing to do with the house, and the property right of the house is permanent ownership.

4. The residential land will be automatically renewed when it expires. 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, in the end, it depends on the specific policies at that time.

Land service life algorithm Land service life refers to the service life of land obtained according to law. The land use period of the house is 70 years, counting from the time when the land use right is obtained.

For example, the land bought by the developer in 20 15 years, then the house built in 2020, then the service life of the land has been used for 5 years, and the 70-year residential property right has 65 years left.