How to deal with the land property right of commercial housing after it expires?

Commercial housing, also known as commercial housing and commercial real estate, mainly refers to real estate whose land nature is commercial land. Generally speaking, commercial housing is mostly used as office buildings, office buildings, shopping malls and shops.

However, in recent years, due to the booming residential market, many real estate enterprises have converted some floors of commercial buildings into "serviced apartments" and LOFT (collectively referred to as "commercial houses") and sold them to buyers. Because commercial housing is not residential in legal nature, the general purchase restriction order does not apply to commercial housing, and the price is generally much lower than the surrounding houses, so it has won the favor of many buyers.

In China, urban land belongs to the state, and no other individual or unit may become the owner of the land. What real estate developers and owners can get is the land use right within a certain period of time. According to Article 12 of the Provisional Regulations on Assignment and Transfer of State-owned Land Use Rights in Cities and Towns, the term of land use rights for operating land shall not exceed 40 years at the longest. It should be noted that this 40-year period is calculated from the date when the developer first obtains the land use right, not from the time when the property buyer purchases.

What should I do if the land use right expires?

Article 149 of the Property Law distinguishes between residential land and non-residential land (commercial land belongs to non-residential land), and stipulates:

(1) The right to use residential construction land will be automatically renewed when it expires;

(two) 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.

Obviously, after the land of commercial housing expires, it cannot be "automatically renewed", but should be "applied for renewal". According to Article 22 of the Urban Real Estate Management Law: (1) If a land user needs to continue to use the land after the expiration of the service life stipulated in the land use right transfer contract, he shall apply for renewal at the latest one year before the expiration, unless it is necessary to recover the land according to public interests, it shall 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.