Why is the property right of serviced apartment 40 years? What should I do after the property right expires?

Why is the property right of serviced apartment 40 years? What should I do after the property right expires?

Recently, some buyers asked, what should I do if the property rights of serviced apartments expire in 40 years? Is it the same as 70 years of property rights? In fact, we can understand the difference between land use right and housing ownership.

First of all, you have to distinguish two concepts? Land use right and house ownership

What is land use right?

Land use right is the land use right transferred by the state to organizations, institutions and individuals. According to the Constitution of People's Republic of China (PRC), land ownership belongs to the state and the collective. When transferring the land use right, different service life is divided according to the development type. The maximum service life of residential land is 70 years, that of industrial construction land and comprehensive land is 50 years, and that of commercial construction land is 40 years.

What is house ownership?

Housing ownership belongs to individual property rights and is a kind of private property rights. It is protected by the Constitution of People's Republic of China (PRC). According to Article 64 of People's Republic of China (PRC) Property Law (implemented on June 65438+ 10/day, 2007), private individuals have legitimate income, houses, daily necessities, production tools and raw materials. Its fixed number of years is permanent.

In other words, the ownership of the house is permanent. As long as the house does not collapse, the house has always been owned by the property owner. But the land use right has a time limit. The state grants land users the right to use for 40, 50 and 70 years by means of regular land transfer.

Then, what we usually say is that the house our family bought is a house with 70 years of property rights, or an apartment with only 40 years of property rights. In fact, we are talking about land use rights.

What should I do if the land use right expires? Is the house still yours?

First of all, make it clear that because the ownership of the house is permanent, the house is of course yours, as long as it is not demolished. But the land use right is gone, how to solve it? Specifically, there are two ways.

The first way is to extend the term of land use rights. It can be jointly proposed by the housing owners to pay the land transfer fee, which should be lower than the price of similar land transfer fees, similar to the difference between the cost price and the market price.

Specifically, the property owner can re-apply for the transfer of land use rights, sign a land transfer contract, and pay the land transfer fee to the state, so that he can continue to live.

Of course, the state can also give the property owner a one-time economic compensation, ask the property owner to buy a house and live in other places, and then recover the house and land.

The second method is for the state to recover the land and buildings on the ground according to the planning needs. Make corresponding compensation to the owner and solve the problem through similar demolition and resettlement.

If the state wants to recover the land and buildings on the ground, that is, your house, it needs to give the property owner another set of resettlement houses in different places, similar to demolition and resettlement.

At present, many people think that many houses in China are not long-lived houses, and they will be demolished after living for 70 years, so there is no need to consider this issue. But some people think that it will expire in 40, 50 or 70 years. After the expiration of the land use period, as long as the house can still live, the land must be renewed.

There is no difference between 40-year and 70-year renewal.

Regarding the problem of buyers, the difference between a 40-year-old serviced apartment and a 70-year-old house is mainly reflected in the purchase and living, that is, utilities, pool area, tax and household registration policies, loan policies and so on.

According to Article 149 of China's Property Law, the right to use residential construction land is 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. That is to say, there is no difference in the handling of renewal.

(The above answers were published on 20 16-04- 18. Please refer to the actual situation for the current purchase policy. )

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