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How to calculate the property right period of second-hand house? What if the property right of secon

If you want to buy a second-hand house, you need to consider the authority of the house. What should you do if the authority of the second-hand house reaches 70 years?

According to the twelfth line of the Interim Regulations of the people's Republic of China on the assignment and transfer of the right to the use of state owned land in cities and towns: "the maximum term of assignment of the right to the use of land shall be determined according to the following purposes:

(1) 70 years of residential land;

(2) 50 years of industrial land;

(3) 50 years of land for education, science and technology, culture, health and sports;

(4) 40 years of commercial, tourism and entertainment land;

(5) Comprehensive or other land use for 50 years. "

The term of house property right shall be calculated from the date of land grant

The service life of the house is divided into two concepts: one is the service life of the house itself, and the other is the land service life. The land use 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 life of house ownership.

The house is your private property and enjoys permanent ownership and use right. Land is national. Generally speaking, the service life of 70 years refers to the service life of residential land, which is determined in the process of land transfer (40 years for commercial land, 50 years for comprehensive land, 70 years for residential land and 50 years for industrial land).

In fact, the land use life of general commercial housing is rarely over 70 years. Because the service life is calculated from the time of national transfer, plus the development cycle, the shortest service life is 1-2 years. Therefore, the service life in the hands of property buyers is less than 70. If developers hoard for a period of time or change hands several times, it will be even shorter. The property rights of new houses are less than 70 years. When buying second-hand houses, you should find out how many years the seller has left when buying the property rights and how many years he has lived. Subtract the remaining 70 years from the property rights after you take over the inventory.

The house property right can be automatically renewed upon expiration

China's current laws stipulate the term of the right to use construction land. Residential land is 70 years, industrial land is 50 years, commercial land is 40 years and comprehensive land is 50 years. The service life of houses is usually longer than this. This problem is particularly important for private buyers. Many buyers will have a question: when the service life expires, does the house still belong to them?

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.

If the service life of the house is 70 years and the seller has used it for 10 years, the service life of the property right after the buyer takes over is only 60 years. However, this service life refers to the service life of the land. If the service life of the land expires, relevant departments will evaluate the buildings on the land. If it can continue to be used, the property owner can continue to use it if he needs to pay the land transfer fee, If it cannot be used, it will recover the land and compensate the property owner.

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