新的物权法已经生效。该法明确了公私财产的平等受保护权。我国规定住宅用地的最高年限70年。商业用地40年(有特殊50年限)。综合用地50年。现已明确。届满自动续期。续费按当时的1%-10%来增收(即土地使用权出让金)。
You need to apply for renewal one year before the expiration date. Article 5 of the Urban Real Estate Management Law and Article XNUMX of the Property Law. There are relevant regulations. The cost of the supplement will not exceed XNUMX digits.
Article XNUMX. The land use right assignment contract has expired and the land user needs to continue to use the land, he or she shall apply for renewal no later than one year before the expiration date. Except for the recovery of the land in accordance with the public interest, the land user shall apply for renewal. Be approved. If the renewal is approved, the land use right assignment contract shall be re-signed, and the land use right assignment fee shall be paid in accordance with the regulations.
If the service life stipulated in the land-use right assignment contract expires, and the land user fails to apply for renewal or has applied for renewal but is not approved in accordance with the provisions of the preceding paragraph, the land-use right shall be recovered by the state without compensation.
Article XNUMX When the term of the right to use residential construction land expires, it shall be automatically renewed.
The renewal of the right to use land for non-residential construction after the expiration of the period shall be handled in accordance with the law. The ownership of houses and other immovable properties on the land shall be handled in accordance with the agreement if there is an agreement; if there is no agreement or the agreement is not clear, it shall be handled in accordance with laws and administrative regulations.
How to understand Article XNUMX of the "Property Law" and Article XNUMX of the "Urban Real Estate Management Law"?
According to Article XNUMX of the "Property Law", if the period of the right to use residential construction land expires, it shall be automatically renewed.
According to Article XNUMX of the "Urban Real Estate Management Law": the land use right transfer contract has expired and the land user needs to continue to use it, he should apply for renewal no later than one year before the expiration date, except for social and public interests. The repossession of the land shall be approved. In the case of renewal, the land use right transfer contract should be re-signed, and after the land use right transfer fee is paid in accordance with the regulations, the article has been widely circulated on the Internet in recent years:
"The Amazing Inside Story of "Property Recovery" in 70 Years" is for academic reference only!
What should the house do after the land-use right expires in China for 70 years? Should the contract be automatically renewed for a few more decades, or should the land transfer fee be paid based on the prevailing land price, or are there other new methods? When the "house for the elderly" policy began to be piloted in some regions, the question of "what to do with the house after 70 years" became urgent and present again.
"House property rights" are only 70 years old
According to media reports, Chen Zhuo, who just bought a commercial house in Beijing, didn’t think about what happened 70 years later, until she accidentally saw the "Beijing State-owned Construction Land Supply Measures (Trial)", which was promulgated in 2005. The local laws and regulations clearly stipulate: “If the paid use period of the land expires and the land user needs to continue to use the land, he shall submit an application to the land administrative department no later than one year before the expiration of the paid use period. After the expiration of the term, the land use right shall be recovered by the government without compensation."

The words "expired", "not approved" and "recovered free of charge" made Chen Zhuo worry about the future fate of his house. Chen Zhuo felt worried when he thought that one day the house he bought with his family's wealth might not belong to him. "After 70 years, will my house still be mine? Or, how can it continue to belong to me?"

Who belongs to the house in 70 years?

The official has not made clear regulations for a long time. For example, Article 1990 of the "Interim Regulations of XNUMX" stipulates: "The land use right and the ownership of the buildings and other attachments on the ground shall be acquired by the state free of charge. The land user shall return the land use certificate and comply with Provisions for cancellation of registration."

In cities, any unit or individual who uses land for construction and use must apply for the use of state-owned land and purchase the right to use state-owned land for construction land from the government. The government monopolized the supply of land for residential construction, and real estate developers monopolized the supply of commercial housing. In the current laws and regulations, "land use right" and "house property rights" are two different concepts. The maximum period of land use right transfer is 70 years for residential land.

Financial losses for Chinese homeowners

Since Chinese homeowners do not have the ownership of the land where the house is located, they only buy the 70-year use right of the house, which is equivalent to renting a house. But the rent for renting a house should be paid monthly, and no tenant will agree to pay the rent for 70 years at a time. In order to pay off the 70-year rent in one lump sum, Chinese homeowners need to go to the bank for loans and bear high loan interest.

2012年,中国2,000多家上市公司总利润2.2万亿人民币,而16家上市银行的利润就超过1.2万亿,超过所有上市公司利润的一半以上。这些上市银行共持有超过7.2万亿人民币的住房贷款。

In March 2013, China’s richest man Zong Qinghou said: “Under the background of the policy of'buying a house equals paying 3 years of rent', ordinary people cannot have real constant property. This is not conducive to the improvement and improvement of people’s welfare and quality of life, nor is it conducive to The long-term, healthy and stable development of China’s real estate market."
The huge loss of Chinese homeowners "no land ownership"

The savvy Jewish banker has long understood that in the real estate industry, "the value-added is the land, but the depreciation is the house." Houses in Manhattan, New York, are expensive, not because of the high brick and tile value, but the land under the house is non-renewable Resources continue to appreciate at any time.

A question concerning the core interests of the people who own houses in China: Who are the benefits of real estate appreciation?
According to official data, in 2012 alone, Chinese people spent 6.4 trillion yuan on purchasing commercial housing. Assuming that China's annual price increase is only 4%, the value of the land under the house will also increase to nearly 70 trillion yuan in 100 years. Since the government did not sell the land ownership to the people when selling the house, the land value-added benefits of more than RMB 93 trillion should legally belong to the land owner, the government.

All Chinese are investing in land for the government for free

With the widespread popularity of commercial housing sales, the current housing ownership rate in China has reached more than 70%, and in some cities it has even exceeded 80%. From 2008 to 2012, Chinese people spent more than RMB 24 trillion on the purchase of commercial housing. 70 years later, the value of these land will exceed 379 trillion. In other words, almost all Chinese people are investing in land for the government without compensation.

This is absolutely unfair to the Chinese people who have been house slaves all their lives!

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