The apartment property rights are 40 years old. What will happen if the property rights expire?

Automatic renewal, and then pay the land transfer fee.

According to Article 149 of the Property Law, if the right to use land for residential construction expires, it will be automatically renewed.

The renewal of non-residential construction land use rights after expiration shall be handled in accordance with legal provisions. If 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 unclear, the ownership shall be in accordance with the provisions of laws and administrative regulations.

That is to say, after the 40-year property right of a house expires, the owner of the house can apply for renewal to the land management department where the house is located. After the application is approved, the land use contract will be re-signed and the land use contract shall be re-signed according to the then-current contract. The land price level when the contract was signed, the land transfer fee is paid back, and the land use rights are regained.

Extended information:

Calculation method of land transfer fee:

1. There is an actual transaction price and it is not lower than the average benchmark land price of the level. The transfer fee shall be calculated based on the standard of not less than 40% of the transaction price. If the transaction price is lower than the average standard of the benchmark land price, the transfer fee shall be calculated based on 40% of the total land price.

2. When the transferred land use rights are re-transferred, the calculation shall be based on 40% of the average benchmark land price.

3. If the transferee of the land use right has any objection to the amount of land transfer fee calculated through the above method, the transferee shall entrust a qualified land valuation agency to conduct an evaluation, and the calculation shall be based on 40% of the assessed value. Land transfer fee.

4. The maximum proportion of the cost price of allocated land use rights to the land price shall not be higher than 60%. When calculating the transfer fee based on the price of allocated land use rights, the cost price must be converted into the market land price, and then The land transfer fee shall be calculated based on the standard of no less than 40%.

Baidu Encyclopedia - Land transfer fee

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