Home guide: how many years of property rights are left in the second-hand house you fancy?

Second-hand houses are different from new houses. Some second-hand houses have even been resold more than once. Many people are struggling with the property rights of second-hand houses. This remaining life determines the ownership life of the house. If the second-hand house is too old, its service life will be reduced, which will affect bank lending and make it more difficult to change hands. Then, how is the property right period of second-hand houses calculated?

First of all, understand the difference between house age and property rights.

Many buyers will confuse the age of second-hand houses with the age of property rights. The service life of the second-hand house is calculated from the date when the house is completed, accepted and delivered, but the land use right is calculated from the date when the developer gets the land. After the house was built for 3 years, the owner only had 67 years of land use rights, and it was vacant for 2 years, only 65 years.

Unclear property buyers can refer to the following formula:

The service life of the house = from the time the developer took the land to today.

Age of the house = calculated from the date when the house is completed, accepted and delivered.

According to Article 12 of the Provisional Regulations of the People's Republic of China on Assignment and Transfer of Urban State-owned Land Use Rights (1the State Council Decree No.55 issued on May 9, 1990), the assignment period of land use rights is determined according to the following purposes:

1, residential land for 70 years.

2. The industrial land is 50 years.

3, education, science and technology, culture, health and sports land for 50 years.

4. Commercial, tourism and entertainment land for 40 years.

5. Comprehensive or other land use for 50 years.

Therefore, we often say that 70-year property rights, 50-year property rights and 40-year property rights all refer to the fixed number of years of land use rights. The service life of ordinary houses is 70 years, and that of second-hand houses is 70 years minus the service life.

Second, how to calculate the property rights of second-hand houses?

In fact, the land use life of general commercial housing rarely exceeds 70 years. Because the service life is calculated from the time when the country sells it, plus the development cycle, it will be 1-2 years, so the service life in the hands of buyers will be less than 70 years, and it will be even shorter if developers hoard it for a period of time or change hands several times.

New houses have less than 70 years of property rights, not to mention second-hand houses. Therefore, when buying a second-hand house, it is necessary to find out how many years are left when the seller buys it and how many years he has lived in it. Subtract these in 70 years, and the rest is the property right after you buy a house.

For example:

On 20 10, the developer obtained the land use right of X plot and built it in X plot. Mr. Chen bought a house in X Community. Mr Chen sold the house to Mr Zheng.

The property right of the house purchased by Mr. Chen expires in 2080 (2010+70);

Although the house bought by Mr. Chen is still a 70-year property right, the land use right was only 65 years (70-5) when he bought it.

Plus Mr. Chen has used it for 2 years, so the house bought by Mr. Zheng only has the land use right of 63 years (70-5-2).

Third, what should I do when the property rights expire?

The Property Law, which came into effect on June 65438+1 October1,2007, clearly stipulates that the right to use residential construction land will be automatically renewed when it expires. After the expiration of 70 years of land use, those who apply for land use right again shall pay the land transfer fee according to the land price level at that time. The treatment method is roughly as follows:

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.

Because the country has not issued clear policies and operational methods, many property buyers are worried that they will encounter land use rights problems after buying a house. In fact, at present, the default solution to the expiration of property rights is to pay part of the paid land use fees, but the specific payment standards and rules have not been promulgated. So the specific approach depends on local regulations.