Why is the apartment a 40-year property?

Why is the apartment a 40-year property?

Why is the apartment a 40-year property? In real life, many young people with a little money will buy an apartment of their own, which is also very convenient to live in. Let's share why the apartment is a 40-year property right.

Why is the apartment a 40-year property? 1 40-year property right of the apartment means that the property right of the apartment is 40 years. 40-year-old apartment hotel Apartment hotel belongs to hotel building. The land use is commercial service land, and the house use is tourism (guest) hall. The land use period is 40 years. The particularity of apartment hotel is that it is designed and built according to apartment or unit, but it is still a hotel in essence, not a residence.

What does 40-year-old property right house mean?

1. According to Article 12 of the Provisional Regulations on Assignment and Transfer of State-owned Land Use Rights in Cities and Towns, the maximum term for assignment of land use rights is determined according to the following purposes: 70 years for residential land. Fifty years of industrial land. Fifty years of land for education, science and technology, culture, health and sports. Forty years of commercial, tourism and entertainment land. Comprehensive or other land use for 50 years.

2. It will take at least two or three years from the time the developer takes the land to start work, until the house is built and the owner moves in. There are some special circumstances. After the land was photographed by the developer, it was delayed for various reasons and even reversed many times. It took more than ten years to start development. Therefore, after purchasing the property rights of the developer for 40 years, the property buyers can't really own the house for 40 years, and they need to renew the property rights after the expiration.

What if I regret buying a property house for 40 years?

1. After the delivery date agreed by the developer and the purchaser in the contract, the developer's occupancy notice was delayed. According to the provisions of the current judicial interpretation, if the developer fails to perform within a reasonable period of three months after being urged by the purchaser, the purchaser has the right to ask the developer to return the house and demand a refund of the deposit or interest on the house payment.

2. The reason why the contract is invalid is mostly because the developer's procedures are incomplete. Developers must have complete documents before they can sell their houses in Gai Lou. If the developer's documents are incomplete, it is illegal to operate, and the contract signed with the buyer is invalid. Because it is an invalid contract, the developer should return the house payment paid by the purchaser.

3. The developer changes the design without the consent of the buyer. In the contract signed between the purchaser and the developer, it is generally agreed that the developer must obtain the consent of the purchaser before changing the design. Otherwise, the developer constitutes a breach of contract and the purchaser has the right to return a house.

If the developer changes the type, orientation and area of the house without the consent of the buyer, the buyer may require the developer to return the house according to the contract. The housing area error exceeds 3%. If the absolute error ratio between the measured area at the time of delivery and the temporarily measured area at the time of signing exceeds 3%, the purchaser may request to return the house and return the interest.

Why is the apartment a 40-year property? 2. Why is the land use right of buying a house only 40 years?

In terms of land use attributes, the land use right of general commercial land is 40 years, which means that if the buyer buys a commercial apartment, then the land use right is really only 40 years. Apartments are generally suitable for commercial water and electricity, without natural gas. Although you can live, you are not settled for commercial purposes in essence. Generally, the 40-year use right is counted from the time when the developer takes the land, so often the house has been occupied for less than 40 years.

The land use life of residential land is 70 years, counting from the date of land acquisition. 70 years refers to the service life of the state-owned land in the plot, not the ownership life of the house. The house is your private property and enjoys permanent ownership and use right. Land belongs to the state. 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 commercial housing is rarely 70 years, and most of them are around 30-60 years. Because the service life is calculated from the national transit time and the development cycle, the shortest time is 1-2 years, and the service life in your hand is less than 70 years. If developers hoard for a period of time or change hands several times, it will be even shorter. Therefore, many residential land use rights are far from 70 years, most of them are only 50 or 60 years or even shorter, and they will expire in 40 years.

2. What is the service life of the house?

The service life of a house is divided into two concepts: one is the service life of the house itself, and the other is the service life of the land. China's current laws stipulate that the term of use of construction land is 70 years for residential land, 50 years for industrial land, 40 years for commercial land and 50 years for comprehensive land. The service life of houses is generally longer than this period.

3. What should I do if the property right of residential land expires?

1. The renewal application submitted by the land user to the land management department shall be approved unless it is withdrawn according to the public interest. If the renewal is approved, the land use contract shall be re-signed and the land use fee shall be paid. In this way, your property ownership can continue. Of course, except for the forced demolition of dangerous houses.

2. If the land user fails to apply for renewal, the land use right and the real estate on the ground shall be recovered by the state free of charge. House ownership will naturally disappear.

3. If the land user applies for renewal, but fails to approve the renewal according to law (that is, it needs to be recovered according to the public interest), the land use right shall be recovered by the state free of charge, but the above-ground property shall be compensated according to the residual value at the time of recovery.

The Civil Code (implemented from 202 1 to 1) stipulates equal rights to protect public and private property. China stipulates that the maximum life of residential land is 70 years; Commercial land 40 (special years 50 years); Comprehensive utilization of land for 50 years. Now it is clear that the fee will be renewed automatically after it expires. The renewal fee will increase by 1%- 10% (that is, the land use right transfer fee). You need to apply for renewal one year before the expiration. There are relevant provisions in Article 22 of the Urban Real Estate Management Law and Article 359 of the Civil Code. The cost of replacement will not exceed 5 digits.

Twenty-second land use right transfer contract expires, land users need to continue to use the land, the latest one year before the expiration of the application for renewal, unless the public interest needs to recover the land, otherwise it should be approved. If the renewal is approved, the land use right transfer contract shall be re-signed and the land use right transfer fee shall be paid according to the regulations.

Article 149 The right to use residential construction land shall be automatically renewed upon expiration.

After the expiration of the right to use non-residential construction land, the renewal procedures shall be handled according to law. The ownership of houses and other immovable property on the land, if there is an agreement, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be handled in accordance with the provisions of laws and administrative regulations.

To sum up, there are usually two situations when the land use right of buying a house is only 40 years: first, the purchased house is less than 70 years after the developer takes the land early or the development cycle is long; Second, the right to use commercial housing is only 40 years. Therefore, when buying a house, you should keep your eyes open and pay attention to what kind of house you are buying, and don't be confused by some rhetoric of the sales staff. You should check more relevant laws and regulations and buy a satisfactory house.

Why is the apartment a 40-year property? What is the reason why the apartment can't be sold?

1 and the reason why the 40-year-old apartment can't be sold is because it is still unknown whether it can be renewed and paid in the future. If the application for subsequent rent is not passed, then the land property right will be recovered and the house will no longer be yours. Moreover, the 40-year-old apartment can not be used by users, but can only be used to register companies, and children can't settle down. The property right of real estate has been formally implemented, although the rights of protected public and private property can last for 70 years.

2. The apartment is commercial, so the utilities are charged according to the standard of commercial expenses. Everyone knows that commercial water and electricity are much more expensive than civil water and electricity, and many apartments are not allowed to install gas. If you want to live in an apartment for a long time, you should take this into account so as not to bring inconvenience to your later life.

Compared with ordinary houses in 70 years, apartments need to pay a lot of money when they are resold. These expenses add up to at least 10% to 20% of the house price. In addition, apartments generally require a high down payment, generally 50%.

4. The apartment is generally small, about 50 to 70 square meters. The overall structure is uneven, giving people a sense of visual oppression. This kind of apartment is only suitable for some single or newly married couples.

How many years is the ownership of the apartment?

1. First of all, roommates should be clear about what property rights are. According to the regulations, the term of property rights starts from the day when the developer gets the land, not from the day when you buy a house or get the property right certificate.

Generally speaking, it takes 3-6 years for the developer to get the land before handing over the house, so it has been several years since the real estate license arrived in your hand. Some developers will wait for the price increase after taking the land, but in fact there may be less time left. According to national regulations, the residential property right is 70 years, and if it is a commercial house, it is 40 years. Subtracting the time difference is the actual holding period.

There are actually two kinds of apartments, ordinary houses and serviced apartments. Ordinary apartments are 70 years old, and serviced apartments are generally only 40 years old. Actually, the apartment is just a name. Among the meanings related to real estate, only the definition of land use period of real estate:

(1) seventy years of residential land;

(2) fifty years of industrial land;

(three) fifty years of land for education, science and technology, culture, health and sports;

(4) forty years for commercial, tourism and entertainment purposes;

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