Why property rights should be divided into 70 years, 50 years, 40 years

Housing property rights land price base business

tengxuncaijing· 2017-03-09 09:43:59

recently, in 2017 the government work report has been a hot topic of discussion in the US in the past years. According to the report, one of the key tasks this year is to inventory: three or four lines of the city to support the residents of the housing and urban residents purchase demand; housing prices increased pressure to increase the reasonable residential land. See here a lot of friends asked "reasonable increase in residential land" is said to be used for residential construction land will increase? In addition to residential land, and other land uses? What is the difference between them?

" [different purposes, the transfer of land use rights in different] according to People's Republic of China urban state-owned land use right transfer and transfer of the Provisional Regulations (State Council Decree No. fifty-fifth) twelfth, the maximum term of land use right transfer is determined according to the following purposes: (a) living land for seventy years; (two) industrial land for fifty years; (three) education, science and technology, culture, health and sports for fifty years; (four) commercial, tourism, entertainment for forty years; (five) or other integrated land for fifty years. Popular point, is the residential land right life up to 70 years, industrial construction and comprehensive land up to 50 years, commercial, tourism, entertainment, the highest for 40 years.

70 years, 50 years, 40 years of property rights is how to calculate out of the? Class=? ] housing property is to take place when the record from the developers started to calculate, so house buyers must pay attention to, in most cases, you really stay or the use of life is often not for 70 years, 50 years, 40 years. For instance。 Developer A in 2008 to get a piece of land and the record, with 5 years to build the building, and in 2013 through the completion of the acceptance of the beginning of sales. Small C in 2014 from the developer A that bought a set of commercial housing, after the renovation in 2015. So small C housing property is calculated from the beginning of 2008, that is, in 2008 +70, that is due to expire in 2078. And so on, 50 years, 40 years of property is from the developers get the record began to calculate.

[land use rights and housing ownership is different? See here a lot of netizens expressed doubts, so come down, we bought the house just bought less than 70 years of housing tenure? This is not the case. Housing property rights by the housing ownership and land use rights of two parts, 40, 50 years, is divided into 70 years for land use rights. Housing ownership is for private property rights. According to the "People's Republic of China property law" provisions of article sixty-fourth, the private legal income, housing and living supplies, production tools, raw materials and other realties and chattels, its life is permanent. In other words, the owner has a permanent ownership of housing, but the right to use land is limited.

[residential construction land after the expiration of how to renew? The problem is, if the land tenure expires, but the house is intact, in this case, how to define the housing property? Is the house yours? According to the "property law" 149th provides that the term of the right to use the land for residential construction expires". In other words, 70 years of property rights do not have to worry about housing land tenure expires, the house will be recovered. It should be noted that, due to the lack of details of the relevant provisions of the automatic renewal of the law, how the automatic renewal of uncertainty. Under normal circumstances, the house will be used to live less than 70 years will be demolished, residential is still relatively small land use rights expire.

[non residential construction land after the expiration of how to renew? After the expiration of the term of the right to use the land for non residential construction, it shall be handled in accordance with the provisions of the law. Where the ownership of houses and other real property on the land is agreed upon in accordance with the provisions of the law or administrative rules and regulations, if there is no agreement or the agreement is not clear, it shall be handled in accordance with the provisions of laws and administrative regulations. According to the "City real estate management law" provisions of article twenty-first, transfer the expiration of the term of use as stipulated in the contract of land use rights, land users to continue to use the land, it should be no later than one year before the expiration of the renewal application, in addition to recover the land according to the need of the social public interests shall be approved. If the extension is approved, the contract for the assignment of the right to the use of the land shall be re signed, and the transfer of the right to the use of the land shall be paid in accordance with the relevant provisions.

"renew how to charge?" ] November 27, 2016 release of the "CPC Central Committee and State Council on the improvement of property rights protection system to protect property rights in accordance with the law of the opinions" made clear: the right to use residential construction on the expiration of the subsequent period of land expropriation legal arrangements, detailed specification statutory authority and procedures, giving farmers more property rights etc.. However, there are no specific provisions of the implementation of uniform provisions. Qingdao, Shenzhen, Hangzhou, such as the District of Xiaoshan
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