Nowadays, more and more people begin to care about the issue of the expiration of the property right of the house. What should we do after the expiration of the property right of the house? Does the house not belong to us after the expiration of the property right of 70 years. In fact, this is not the case. Let's get to know it.
First of all, when it comes to the issue of the expiration of housing property rights, we have to understand the concept of housing property rights.
House property right refers to the rights of the owner of the house in accordance with the national laws, that is, the sum of all the rights and interests of the house, that is, the owner of the house has the right to possess, use, benefit and dispose of the property of the house.
The house property right is composed of the house ownership and the land use right. The term of the house ownership is permanent, while the land use right is 40, 50 or 70 years according to the relevant laws and regulations. Among them, the property right of residential land is 70 years; the property right of construction land for education, science, sports and industry is 50 years; the property right of business and entertainment land is 40 years. Therefore, we often say 70 years, 50 years and 40 years property rights refer to the term of land use right.
After understanding the concept of housing property right, let's answer how to deal with the problem after the property right expires!
As early as 2007, there was a clear provision in the property law that the property right of a house can be automatically renewed after it has expired for 70 years. This provision also means that the state will not compulsorily take back the house after the expiration of the property right of the house, and the house will be automatically assigned to the owner's name. Then, whether the real estate under the name is obtained free of charge or free of charge needs to be determined by the state according to the situation at that time. However, Xiaobian predicts that the real estate after the property right expires needs to pay a fee to renew.
So how much land transfer fee does it need to pay to apply for land use again? What is the specific payment standard? Once there is a house owner who is not willing to pay the land transfer fee, how to deal with the house on the land? There is no clear policy to answer these questions. As a result, many people are still worried that the land transfer fee for renewal is too high after the expiration of the house property right, and they can not bear the excessive amount of money, resulting in the house can not be renewed.
For the above concerns, we can see from the legal spirit of "automatic renewal" in the property law that the basic starting point of legislation should be to protect the legitimate rights of the owners of housing property rights to the property. There is little possibility of directly recovering the land or paying a huge amount of land price difference according to the market price at that time. Therefore, the formulation of national policies will be adjusted according to the specific situation, and we don't have to worry too much about the problem of excessive land transfer fees.