How to do when the property right of the house is 70 years old
When buying a house, many people are more concerned about the term of the property right of the house. The property right of the house can be divided into 40 years, 50 years and 70 years. Although they don't understand what it means, most buyers think that the longer the term of the property right of the house, the better. What should we do when the property right of the house is 70 years old? Does the house still belong to you?
How to calculate 70 years of house property rights
The service life of residential land is 70 years, calculated from the date of acquisition of the plot. 70 years refers to the service life of the state-owned land of the plot, not the housing property right. The starting and ending period of the land use right is subject to the date agreed in the land transfer contract signed by the land transferor and the transferee, regardless of the date of the pre-sale contract signed by you and the developer.
What to do after 70 years of house property right expiration
According to the current law, if the land use right of commercial housing is due, residential land can be automatically renewed. Article 149 of the property law of the people's Republic of China stipulates the situation after the expiration of the property right of the house: if the right to use the residential construction land expires, it can be automatically renewed. Where there is an agreement on the ownership of the houses and other real estate on the land, the agreement shall be followed; If there is no agreement or the agreement is not clear, it shall be handled in accordance with the provisions of laws and administrative regulations.
Article 21 of "urban real estate management" also stipulates: after the term of the land use right transfer contract expires, if the land user needs to continue to use it, he can apply for renewal one year before the term expires. Other applications for renewal shall be approved, except for the resumption of the land in the public interest. If the term is renewed, a new contract for the assignment of the right to the use of the land shall be signed and the fee for the assignment of the right to the use of the land shall be paid in accordance with the provisions.
Does the house still belong to you after 70 years of property right expiration
The term of house property right actually refers to the service life of the land where the house is located. After the buyer has purchased the house, the house belongs to you. These are two different concepts. If the term of house property right expires, it can be dealt with in the following two ways:
1. Extend the term of land use right. In this case, the housing owners can jointly apply to the local bureau of land and resources to pay the land transfer fee. Of course, the price should be lower than the price of similar land transfer fees, similar to the difference between the cost price and the market price.
2. If it is according to the needs of planning, the state needs to recover the land and above ground buildings. Then the owners can also get the corresponding economic compensation, and use the similar method of demolition and resettlement to solve the problem.