Traditional Culture Encyclopedia - Hotel franchise - What will happen when the property rights of commercial apartments expire in 40 years?
What will happen when the property rights of commercial apartments expire in 40 years?
The 40-year property right of the apartment means that the land use right of the real estate is 40 years, and it will be automatically renewed when it expires.
According to Article 359 of the Civil Law (202 1, 1, 1 Implementation), the right to use residential construction land is automatically renewed upon expiration. The payment or reduction of the renewal fee shall be handled in accordance with the provisions of laws and administrative regulations.
What is the difference between an apartment and a house?
1, different purchase restriction policies
The biggest advantage of an apartment is that it is not limited to purchase, which is why many consumers choose it. City buyers who are restricted from buying houses do not need to consider their own qualifications for buying houses, and business apartments do not occupy the number of places for buying houses and are not bound by the first suite. However, the impact of housing purchase, loan and sale is limited.
2, different property rights.
Although there are no restrictions on the use of houses, the use of land property rights is limited. The term of property right refers to the term of land use. Generally speaking, the use authority of ordinary houses is generally 70 years; The right to use the apartment can be divided into 40 years and 50 years according to the type of land.
3. The planning purpose and use nature are different.
Business apartments can be used for business operation and residence, and belong to the commercial nature. And residential houses can only be used for living, belonging to the nature of living.
4. The water and electricity charges are different.
The residence belongs to the civil residence, and the water and electricity charges are charged according to the civil water and electricity standards; The apartment belongs to commercial housing, and the utilities are charged according to the commercial water and electricity standards.
5. Different settlement rules.
Property buyers choose to buy a house, as long as they meet the requirements of the city, they can settle down as required. Apartment is a project built on commercial land, which belongs to commercial nature, so it can't be settled.
To sum up, the property right of the house has a time limit. When the property right expires, it can be automatically renewed as long as the renewal fee is paid. If it is reduced or halved, it shall be handled in accordance with the provisions of the law. Therefore, you can consult more local departments when dealing with it, so as to protect your rights and interests.
The 40-year property right of the apartment means that the land use right of the real estate is 40 years, and it will be automatically renewed when it expires.
Legal basis:
Article 359 of the Civil Code of People's Republic of China (PRC) * * * The right to use residential construction land is automatically renewed upon expiration. The payment or reduction of the renewal fee shall be handled in accordance with the provisions of laws and administrative regulations. The renewal of the right to use non-residential construction land after the expiration of the term 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.
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