Although many people don't know much about real estate knowledge, when they need to buy a house, they always need to know some house purchase knowledge first, especially the problem of house property rights, but how much do you know about the age of house property rights? What should we do after the expiration of the term of housing property right?
What does the term of house property right mean
House property right is generally composed of house ownership and land use right. House ownership belongs to individual property right and is a kind of private property right, which is protected by China's property law.
In fact, the houses purchased by everyone belong to their own private property, and their service life is permanent. According to China's constitution, the ownership of land belongs to the state and collective, so the land use right is a use right transferred by the state to organizations, institutions and individuals. According to the different planned uses of the land, the maximum service life of the land is divided into 40 years, 50 years and 70 years. After the expiration, the land transfer fee can be paid again to obtain the continuous use right of the land.
How are the years of housing property rights calculated
In fact, after we get the house, the property right period of the house is not complete for decades, because the property right period of the commercial house is calculated from the date when the developer obtains the land use right. Buyers can log in to the land market column of the Ministry of land and resources of China, and then enter the company to which the developer belongs for query.
For example, for a house with 70 years of property rights, if it is a new house, it is easier for buyers to calculate the property rights of commercial houses, which can be calculated according to the land use right obtained by developers. For example, if the developer obtained the land use right in 2000 and the buyer purchased the commercial house in 2003, the property right period of the commercial house is 2000 + 70 years - 2003 = 67 years.
If the commercial house is a second-hand house, the buyer needs to calculate according to the transaction time of the second-hand house. For example, the land use right obtained by the developer in 2000 began to be sold in 2003, and the buyer purchased it from his family in 2011, then the property right year limit of the commercial house should be 2000 + 70 years - 2011 = 59 years.
What to do after the expiration of the term of house property right
Article 21 of the urban real estate administration stipulates that when the agreed term of the land use right transfer contract expires, if the land user needs to continue to use it, he shall apply for renewal at least one year before the expiration. Unless the land is recovered in accordance with the public interest, it shall be approved. In case of renewal, the contract for the assignment of the right to the use of the land shall be re signed and the fee for the assignment of the right to the use of the land shall be paid in accordance with the provisions.
Article 149 of the property law stipulates that if the term of authority for the use of residential construction land expires, it shall be automatically renewed. The renewal of the right to use non residential construction land after the expiration of the period shall be handled in accordance with the provisions of the law. Where there is an agreement on the ownership of houses and other real estate on the land, the agreement shall prevail; 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.
The term of house property right actually refers to the service life of the land where the house is located. When purchasing houses, friends must pay attention to distinguish the nature of houses with different term of property right, which still has a great impact on their future life. In addition, the construction of houses will take one or two years, Therefore, when buyers receive the house, in fact, the service life of the house property right has been lost for several years.