Are there any commercial houses with expired service life in China?

Sample of 20-year renewal of Shenzhen real estate.

The East Block and the North Block of Shenzhen International Commercial Building, which were built in the early 1980s, stand facing the street and enjoy a superior geographical position.

Shenzhen Business Daily reporter Chen Xiangming photo

"The land transfer expires and will be recovered free of charge. Is buying a house equal to 70 years of rent? "In the new year, the storm of land auction in Shanghai from the term of use to the free recovery of land has really turned the' long-term concern' about how to renew the 70-year property right term into a' near worry'. However, as early as the early 1980s, the Shenzhen Special Economic Zone, which tried out the "transfer of land use rights", was relatively calm, because there was a precedent of "clearance" for the renewal of expired houses.

In Luohu District, there are dozens of office buildings or commercial and residential buildings with property rights of only about 20 years, which have expired one after another. But as long as the premium is paid, the "life" of these properties can be extended to 40 or 50 years accordingly. This "passport" is the "Regulations on Renewal of Expired Real Estate in Shenzhen" promulgated by Shenzhen in 2004.

Now, can these old houses, which once had only 20 years of property rights, be "dead trees meet spring" after renewal? House prices are rising day by day. In the real second-hand housing transaction, what puzzles do citizens encounter in the renewal of property rights? The Shenzhen Business Daily reporter conducted an investigation a few days ago.

Renewal of the right to use:

There was a precedent in Shenzhen seven years ago.

At the intersection of Renmin South Road and Jiabin Road in Luohu District, at the E exit of Guo Mao subway station, you can see a 20-story office building with a white outer wall, which stands in the east and north blocks facing the street, opposite to Jin Guanghua Plaza and Guomao Building, occupying a geographical advantage. This is the Shenzhen International Commercial Building, which caused an uproar because the land use right expired in 20 years.

According to the data, the land use right of Guoshang Building, which was completed in the early 1980s, was only 20 years, ending at 200 1 12 3 1. At that time, many owners were very confused, because not only could they not use the property as a mortgage loan, but they also faced the problem of renting it. "Although I have lived in it, I don't know if it is my own house, and I can't sign a lease contract." In fact, in Shenzhen, 73 square kilometers of land has a "special zone life" like China Business Building.

Why is there a property with only 20 years' property rights like Guoshang Building? Let's review the evolution of land management policies in Shenzhen and China.

198 1 1 In February, Shenzhen promulgated the Interim Provisions on Land Management in Shenzhen Special Economic Zone, allowing investors in the Special Zone to allocate land. And stipulated the longest service life of the land: 30 years for industrial land; Commercial land for 20 years; Commercial residential land for 50 years; Education, science and technology, medical and health land for 50 years; Tourism land for 30 years; Planting, animal husbandry and aquaculture land for 20 years.

Therefore, the land use right of some commercial buildings is only 20 years, such as the State Commercial Building, which broke ground in the early 1980s. However, this is less than half of the stipulation in the Provisional Regulations of the People's Republic of China on Assignment and Transfer of the Right to Use State-owned Land in Cities and Towns issued by the State Council 1990-the maximum life of commercial, tourist and recreational land is 40 years.

According to the Provisional Regulations, the maximum term of land use right is: 70 years for residential land; Industrial land for 50 years; Education, science and technology, culture, health and sports land for 50 years; Commercial, tourism and entertainment land for 40 years; Comprehensive or other land use for 50 years.

Therefore, in order to keep consistent with the national regulations, in the early 1990s, Shenzhen issued regulations: 1988 65438+ 10, before 3 October, the government allocated land for free, and the original regulations were still implemented; After 1.988 1.3, if the land use right transfer contract is signed with the Bureau of Land and Resources in a paid way, the maximum land use period shall be implemented in accordance with state regulations.

The allocation of 73 square kilometers of land has therefore become a "historical legacy", and the International Commercial Building is one of them.

Since 2000, with the expiration of the first batch of administrative allocated land, Shenzhen has to make adjustments again. In 2004, Shenzhen issued "Several Provisions on the Renewal of Expired Real Estate in Shenzhen", paving the way for the renewal of expired real estate. The "Regulations" pointed out that if the owner continues to use the land for 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 period (the longest use period stipulated by the state minus the used period), the amount of land transfer fee paid back is 35% of the published benchmark land price, and it will be paid in one lump sum according to the agreed period.

This provision not only makes Guoshang Building the first case of land use right renewal in China, but also provides an important basis for the renewal of many expired or about to expire properties in Shenzhen.

Policy guarantee:

Urban renewal increases the value of old houses.

Nowadays, the property right of the State Commercial Building is no longer the confusion of the owners. A few days ago, the reporter saw at the scene that the skirt building of Guoshang Building has been rented out to various businesses, and the main format is clothing wholesale and retail, with a large flow of people. Due to the convenient transportation, the rental and sale of office buildings upstairs are also good. According to Luo Zhikun, manager of Luohu District of Zhongyuan Industrial and Commercial Store, the current office price of Guoshang Building is about10.2 million yuan/square meter.

"Most owners of BCC Building have paid the renewal premium, because only renewal can transfer and mortgage. However, there are also a few original car owners who are unwilling to pay premiums. " Luo Zhikun said that because the original purchase price of the first-hand owner was very low, it was cost-effective to keep the property for rent and did not want to sell it, so it was not so urgent to pay a premium to renew the property rights. "After all, it is impossible for the government to tear down the whole building because one or two owners have not gone through the formalities of renewing the lease."

Lotus Building, a single building located in Renmin South Road, Luohu District, adjacent to Guoshang Building, is also an office property with only 20 years of property rights. According to the data, the land ownership of Lotus Building is owned by the state, the source is agreement transfer, and the land use is commercial and financial industry. The service life of the land is 20 years, from 198 1 1 to 200 1 1. When the service life of the land expires, the owner needs to pay the premium before it can be renewed or transferred.

The real estate agent near Lotus Tower told the reporter that the current price of Lotus Tower is about1.65,438+0,000 yuan/square meter. The reporter noticed that the exterior wall of the building has been renovated and the floor is 26 floors. The main business format is budget hotels, including home inns. Some owners also divided the space into several square meters of single rooms, including a kitchen and bathroom that can only accommodate one person. Rent per room 1600 yuan. More than 80 square meters of space can be separated into four single rooms, and the monthly rental income exceeds 6000 yuan.

"Property rights expire? This does not seem to be a problem. " -Many senior real estate agents in Luohu District interviewed by the reporter all said that the old house in Luohu seems to be not worried about "premature death" because the expired real estate in Shenzhen can be renewed at premium, but it is becoming more and more "dead wood meets spring". "Most of the houses near Luohu Port were developed by Shenfang Group in the 1980s. Due to urban renewal, many developers have moved into residential areas for renovation. Now the old houses in Luohu District seem to be more valuable as they get older. " Han Jiwen, director of Shihua Real Estate Luohu Railway Station, said.

Narrow property rights:

Different years bother buyers.

However, the reporter learned that in the actual second-hand housing transactions, various historical reasons led to different property rights in the same community, low bank loans for old houses and so on. , it will still bring some trouble to buyers.

Lawyer Liu Ziru of Guangdong Zhong Zhen Law Firm told the reporter that there are indeed many real estate legal consultations on the length of land use rights, mainly focusing on some houses with shorter service life and lower prices than other houses in the same community; In addition, some citizens have changed their land use life after buying a house, and the term of property rights has shrunk, so the calculation period has been advanced for some reason. "Generally speaking, this kind of disputes rarely go to court, because there is no good starting point." Liu Zikai analyzed.

Yuan, deputy general manager of Midland Property Business Department, who is very familiar with Luohu, told reporters that in the second-hand housing market, it is not difficult to trade properties that have only 20 years of production rights and expire, such as Lotus Building and Shenzhen International Commercial Building. As long as the land price is paid, the transfer can be successfully completed. However, according to the Provisions on Renewal of Expired Real Estate in Shenzhen, only "the land applied for has expired or will expire in 1 year" can be applied for renewal, so there are only five or six individual property rights left.

"The most common phenomenon now is that the property rights of houses in the same community are not unified, which has brought some confusion to buyers." Yuan said, for example, Yunfeng Garden in Luohu District has two kinds of property rights: 50-year property rights and 70-year property rights. Although according to Shenzhen's current policy, the lease can be renewed after the expiration, the price of a house with 50-year property rights will still be about 500 yuan/square meter lower than that with 70-year property rights.

In addition, according to the relevant staff of the Second Administration Bureau of Shenzhen Municipal Commission of Land Planning who accepted the application for the renewal of expired real estate, most applicants found that they could not handle the transfer when they went to the property rights registration center after signing the second-hand housing transaction contract, and they had to pay the premium to the administration bureau before returning to the registration center for smooth transfer.

"Citizens still have a lot of confusion about the term of land use. We often receive relevant inquiries from the public, such as asking whether the use period of the parcel to which the property belongs can be extended, how many years it will be extended, and so on. We all have special personnel to answer them. " The relevant staff of the bureau said.

Frequently asked questions about property renewal

1. The earlier you pay, the smaller the cost.

How to calculate the premium paid for the renewal of real estate when it expires? Are you not going to sell the house, so there is no risk if you don't pay?

Reporter's investigation: Shenzhen benchmark land price refers to the average market price of land use right under the set land use conditions and land development conditions, which plays a guiding role in dealing with demolition compensation, disputes, evaluation, land renewal and land price estimation.

The relevant staff of the First Administration Bureau of Shenzhen Land Planning Commission said that the land with building plot ratio greater than 1 is priced according to the building area, and the land with building plot ratio less than 1 is priced according to the land area. The plot ratio of ordinary residential land in our city is mostly greater than 1. The benchmark land price can be found on the website of www.szpl.gov.cn Municipal Planning and Land Commission.

It is understood that the benchmark land price in Shenzhen has shown an upward trend in recent years. For example, the benchmark land price released in 2006 was 30%-40% higher than that in 2004. Therefore, real estate experts remind property owners whose land life has expired that the earlier they pay the land price, the smaller the price they need to pay.

2. Pay a premium to transfer ownership.

In 2009, Mr. Qin bought a house of107m2 in a building in Nanshan District by auction, and was told to pay 79,800 yuan when he transferred the property, because the right to use the property was only 20 years, which expired in 2005. Mr. Qin is puzzled: the Property Law promulgated in 2007 has the provision of "automatic renewal". Why should Shenzhen pay premium renewal?

Reporter's investigation: According to the relevant person in charge of the former Shenzhen Municipal Bureau of Land and Housing Management, the Property Law stipulates that the right to use residential construction land will be automatically renewed when it expires, but it is not clear whether it is paid or unpaid. Therefore, what is applicable in Shenzhen now is the "Regulations on the Renewal of Real Estate Due in Shenzhen" promulgated in 2004, and accordingly, the land price should be paid.

It is understood that at present, many citizens like to bid for real estate at auction, in order to buy a "good quality and low price" house below the market price, but they may buy a house with expired use rights, and they have to pay the land price to transfer the ownership. The final total price may be higher than the market price. Therefore, it is best to investigate the housing situation before auctioning the property.

3. The situation is different in different years.

Regarding the phenomenon of different property rights, it is more common now that in the same community, some houses have the right to use for 50 years and some houses have the right to use for 70 years. What is the reason?

Reporter's investigation: According to the relevant staff of Shenzhen Municipal Commission of Land Planning, there are two reasons for the above phenomenon: 1. Some communities are built on two or three pieces of land with different parcel numbers, which are developed in several stages, and the service life of each piece of land is inherently different; 2 belong to the same administrative allocation of land, part of which is housing reform. According to the relevant policies, the housing reform can be extended to 70 years when it is listed, and other non-housing reform houses must apply for extension to 70 years one year before the expiration. At present, the 50-year-old house has not expired, so it has been two years.

4. Renewing the contract is conditional, and the investment should be clear.

Ms. Wang, a citizen, has taken a fancy to a house in Luohu and is ready to buy investment, but the property right is only 20 years. The agent said it could be renewed then. Can you buy it?

Reporter's investigation: Yuan, deputy general manager of Shenzhen Sales Department of Midland realty, said that whether the land premium can be renewed, the public had better consult the land department in person, because the situation of each piece of land is inconsistent. In addition, due to the need to provide more original information for renewal, it is often only available to the first-hand owner. Once the information is incomplete, it is hard to say whether the insurance can be successfully renewed. Therefore, it is better to have less transactions in such houses.

It is understood that the accepting organs for renewal applications are: Luohu and Futian are always under the management of the Municipal Land Planning Commission, Nanshan is under the management of the Second Bureau directly under it, Yantian District and Dongsan Street (Kwai Chung, Dapeng and Nan 'ao) are accepted by the business acceptance window of Binhai Administration, and Baoan, Longgang, Guangming and Pingshan are accepted by the business acceptance window of the jurisdiction administration.

5. Supporting dormitories in the industrial zone shall be extended for a maximum of 50 years.

Mr. Liu, a citizen, took a fancy to a dormitory in an industrial zone. The property right is 30 years, but it is a commercial house, which is about to expire. Can this kind of house be successfully renewed?

Reporter's investigation: The relevant staff of Shenzhen Land Planning Commission always belongs to the Administration Bureau, saying that the service life of supporting dormitory land in industrial zone is consistent with industrial use, and can be extended to 50 years at the longest. Belonging to the administrative allocation of real estate, you can apply for renewal within one year before the expiration.

News link

"Use period, free of charge.

Controversy over "land recovery"

The first auction of Shanghai Land Exchange Market 20 1 1 ended at 5438+0 in early June. Although the land auction was cold and there was no eye-catching king, the stipulation in the Notice of Pre-application that "the transferor should recover and compensate the corresponding residual value" actually challenged the almost forgotten 70-year period of "assignment and transfer of the right to use state-owned land in cities and towns".

At that time, a newspaper in Shanghai published an article entitled "Land Circulation in Shanghai". The article said: "The reporter found in the first auction of 20 1 1 Shanghai Land Exchange Market that the' Notes for Pre-application' of the land stipulated that' after the expiration of the transfer period, the transferor shall recover and compensate the corresponding residual value' or even' the transferor shall recover it for free'.

However, in subsequent reports, the so-called "relevant regulations" are all national regulations rather than local regulations in Shanghai. Several conditions must be met for the "free recovery" of land, and there is no need to apply for "automatic" renewal of residential land. However, it is not clear whether it is necessary to pay money after "automatic renewal" and whether it is restricted by "public interest".

On April 29th, 2008, the Ministry of Land and Resources and the State Administration for Industry and Commerce jointly issued the model text of the Contract for Transferring the Right to Use State-owned Construction Land. Chapter V of the model text is "Expiration of Term", in which Articles 25 to 27 are completely consistent with Articles 27 to 29 of the Shanghai version of the assignment contract. In other words, according to the national regulations, all local state-owned construction land use right transfer contracts must have these three clauses from 2008. Three clauses are generally interpreted as: 1. Non-residential land should apply to the government for renewal one year before the expiration of the term. Since residential land is "automatically renewed", there is no problem of "approval". If the application for renewal does not harm the "needs of social interests", the government must approve the renewal, but after approval, it must pay the land transfer fee again. 2. If the non-residential land fails to apply for renewal one year before the expiration, the government will recover it free of charge after the expiration. 3. If the application for renewal of non-residential land is not approved due to "public interest", the government will recover the land and make compensation. If there is no compensation in advance, it will be recovered free of charge.

"After 70 years, the house became a brick house." Although similar concerns will not happen casually, for ordinary people, the doubt about the 70-year authority has not disappeared, especially whether the automatic renewal of houses requires payment is still vague, and the concept of "public interest" is difficult to define.