How can I enjoy the right to live in a house for 70 years?

Drafter of property law: buying a small property right house only enjoys the right of residence.

10 10/month 1 day, the People's Republic of China (PRC) Property Law (hereinafter referred to as the Property Law) will be implemented. Yesterday, Professor Li Xiandong of China University of Political Science and Law, one of the drafters of the Property Law, and Zheng Liangyu, the head of the training center of China Institute of Property Management, also explained the Property Law and the "small property right house".

The income and management fee of parking spaces in the community are owned by the owners.

After the owners' meeting was established in a residential area in Zhengzhou, it proposed to terminate the previous property management service contract with the property management company, and requested to hand over relevant information and property, including ground parking fees, but it was rejected by the property management company.

Subsequently, the owners' meeting sued the company to the court. The court held that the fees and benefits of ground parking should be shared by all owners of the community and distributed in proportion to the total area of the exclusive part in the absence of agreement. As the expenses and benefits should be borne by the owners, the company should return part of the ground parking fees to the owners' committee after deducting the ground parking fees in the management community as appropriate.

Article 74 of the newly promulgated Property Law stipulates that the parking spaces and garages planned for parking cars should first meet the needs of the owners, and their ownership shall be agreed by the parties through sale, gift or lease. Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

Zheng Liangyu, head of the training center of China Property Management Institute, believes that this provision encourages developers and property buyers to make a clear agreement on the ownership and disposal plan of the garage when signing the commercial housing sales contract, and dispose of it according to the agreement. Contract agreement has become the key to solve the problem of garage parking spaces, which is also the main reason why developers are keeping an eye on selling underground parking spaces at present.

70—years of property rights

Residential land can be automatically renewed.

China's current laws stipulate that the maximum period of construction land use right is 70 years for residential land, 50 years for industrial land, 40 years for commercial land and 50 years for comprehensive land.

Li Xiandong said that in China, urban land belongs to the state, and ordinary residents only have the right to use it for a certain period. According to the existing laws, the general service life of residential construction land is 70 years.

What about 70 years later? "What about the house I paid for?" Such doubts surfaced with the formulation of the property law in the early stage.

Li Xiandong explained that the property law stipulates that the right to use residential construction land will be automatically renewed when it expires. After the expiration of the right to use non-residential construction land, the renewal procedures shall be handled according to law. In other words, residential houses can be used automatically indefinitely, giving people a "reassurance" and can also be the owner of their own houses for a long time.

Comments: This example illustrates the conflict between legal property and illegal property, which is a bright spot in the property law.

"Small property right house" only buys "residence right"

A few days ago, our reader Mr. Hu called and said that he spent 300,000 yuan to buy a "small property right house" in the northern suburb of Zhengzhou. Mr. Hu suspects that after the implementation of the property law, "small property houses" and "rural property houses" will be fully affirmed and become legal property houses.

Yesterday, Li Xiandong, one of the drafters of the Property Law and a professor at China University of Political Science and Law, made it clear that "small property houses" must be purchased carefully, and unregistered houses will not be protected.

"Without the land use certificate and pre-sale permit issued by the state, the Land and Resources Bureau and the Housing Authority will not put you on record." Li Xiandong said that the land used by "small property houses" is rural collective-owned land. "On this land, only local farmers can live and use it. Even if the land owner and the developer jointly develop and sell to others, the contract signed by the seller is invalid. "

If one day the state wants to requisition land, consumers who buy "small property houses" will not get any compensation, because any property rights must be set by law, and the state compensation will only be given to the original "villagers" of collective land.

The only thing left is an agreement between the buyer and the original buyer, and the hundreds of thousands of yuan spent only enjoy the "right of residence". If the buyer needs compensation from the other party, he must go to the court to ask for freezing the original purchase price and get compensation according to the court's judgment. If the other party fails to perform the compensation, the buyer will get endless lawsuits.

Related reports "small property houses" will definitely not get the real estate license.

On June 22nd, Zhengzhou Municipal Government held a press conference, reporting five cases of illegal land use. There are two situations in which collective land is illegally occupied to build residential buildings. At present, four buildings have been built by the fourth and sixth villagers' groups in Shiyangsi Village, Hanghai West Road Office, Zhongyuan District. The village committee of Gongzhai Village in Huiji District has built the foundation of 10 residential building in the east of Tianhe Road and the north of Xincheng Road.

Wu Hongjie, director of Zhengzhou Land and Resources Bureau, said that some villages in Zhengzhou joined hands with developers to build "commercial houses" directly on collective land. "The general price of such a house will be relatively low, but residents will definitely not get the real estate license, and many rights and interests will not be guaranteed." Wu Hongjie said that if the building occupies agricultural land, it must be demolished; Occupation of collective construction land, to deal with developers and other related personnel.

Earlier, a spokesman for the Ministry of Construction said that urban residents were not allowed to buy houses built on collective land. Current laws and regulations do not allow real estate development on collective land. Houses built on collective land shall not be sold to members other than the collective economic organizations. Members of non-collective economic organizations who buy such houses will not be able to register their property rights, and their legitimate rights and interests will be difficult to be protected. Some projects promise to handle "rural property rights" and "small property rights", which do not conform to the legal provisions and are not protected by law. (See A06 on June 23rd and C05 on June 22nd of this newspaper for details. )

Whoever sells more than one room will have the property right registration of the house.

"Sell one more room. As for who owns the house, it doesn't matter if you come first. Whoever has property rights registration is the owner of the house." Li Xiandong analyzed.

The Property Law stipulates that the establishment, alteration, transfer and extinction of the real right of real estate shall be registered according to law and take effect when recorded in the real estate register. Failure to register the real right shall not affect the validity of the real right contract concluded between the parties.

Registration is always associated with the establishment and change of real right. Real estate registration is to register the fact of the establishment and change of real estate rights in the register.

Comments: This is the difference between the fluidity and stability of property, and the effectiveness of real right must be stipulated by law.

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