Traditional Culture Encyclopedia - Hotel accommodation - What should I do if the property right of Shanghai apartment expires?

What should I do if the property right of Shanghai apartment expires?

Legal analysis: the right to use residential construction land is automatically renewed when it expires. After the expiration of the right to use non-residential construction land, the renewal procedures shall be handled according to law. If there is an agreement on the ownership of houses and other immovable property on the land, it shall be handled in accordance with the agreement; if the agreement is unclear, it shall be handled in accordance with the provisions of laws and administrative regulations. According to the national regulations, the land use period of the residence is 70 years, counting from the time when the land use right is obtained. Industrial land for 50 years, educational, cultural, sports and health land for 50 years, industrial land for 40 years, tourism and entertainment land for 40 years or other land for 40 years. The term of the state-owned land use certificate is calculated from the time when the developer obtains the state-owned land use certificate. The above years refer to the service life of the state-owned land of the plot, not the life of the house. According to state regulations, the land used for urban construction is state-owned, and individuals and enterprises can use it with compensation and trade the right to use it. The land use life of residential land is 70 years, counting from the date of land acquisition. As long as the purchased property has a legal title certificate, it is an individual's private property. As long as the property exists, the individual has the ownership of the property.

Legal basis: Article 21 of People's Republic of China (PRC) Urban Real Estate Management Law. If the land use right transfer contract expires and the land user needs to continue to use it, he shall apply for renewal at the latest one year before the expiration, unless the land needs to be recovered according to the public interest, it shall be approved. In case of renewal, the land use right transfer contract shall be re-signed, and the land use right transfer fee shall be paid as required. This provision points out that users who want to continue to use the land after the expiration of the land use period can apply for continued use.