Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
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Article author:Yingting Lawyers Group | Update time:2023-07-11 | Reading times:249
In today's real life, current houses have housing age requirements. Generally speaking, residential type houses should be 70 years old. So who will own the house after 70 years of buying a house? This issue must be of concern to many people. Let’s take a look at it with the editor of Yingting Law Firm.
Who owns the house 70 years after buying it?
70 years after buying a house, the house belongs to the right holder registered on the real estate certificate. That is, after 70 years, the property rights of the house belong to the owner of the house. The service life of the residential land is 70 years. After expiration, the land transfer fee can be automatically renewed according to the current land price level, and the land use rights can be applied for again.
Beijing Yuting Law Firm specializes in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition. It has rich experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.
The ownership of the house is permanent and there is no expiration issue. The 70 years refers to the land use rights. After the residential land use period of 70 years expires, the corresponding land transfer fee can be automatically renewed according to the current land price level, and you can apply for land use rights again. Legal basis: Article 12 of the "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights".
The maximum period of land use right transfer is determined according to the following purposes:
(1) Residential land for seventy years;
(2) Industrial land for fifty years;
(3) Fifty years for education, science and technology, culture, health and sports land;
(4) Commercial, tourism and entertainment land for 40 years;
(5) Fifty years for comprehensive or other land use.
Article 216 of the Civil Code: The real estate registration book is the basis for the ownership and content of property rights. The real estate registration book is managed by the registration agency. Article 359: When the term of the right to use land for residential construction expires, the payment or reduction of the renewal fee shall be automatically renewed in accordance with the provisions of laws and administrative regulations. The renewal of the right to use land for non-residential construction after the expiration of the term shall be handled in accordance with the provisions of the law.
If there is an agreement on the ownership of the houses and other real estate on the land, the agreement shall be followed; if there is no agreement or the agreement is unclear, the ownership shall be in accordance with the provisions of laws and administrative regulations. If you want to know more about this, you can consult lawyer Ying Ting for one-on-one online consultation.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.
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