What should I do if the land certificate expires? Analysis of hot topics on the Internet in the past 10 days
Recently, the issue of expired land certificates has become a hot topic of social concern, especially involving real estate transactions, land use rights renewal and other scenarios. This article combines the popular discussions on the Internet in the past 10 days to sort out the processing procedures, policy basis and precautions for the expiration of land certificates, and provide structured data reference.
1. The core issue of land certificate expiration
The expiration of the land certificate (i.e., the "State-owned Land Use Certificate") mainly refers to the expiration of the right to use residential or commercial land. According to the "Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights", the maximum useful life of land for different purposes is as follows:
| land use | Maximum years | Legal basis |
|---|---|---|
| residential land | 70 years | Article 149 of the Property Law |
| industrial land | 50 years | Article 12 of the "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights" |
| commercial land | 40 years | Same as above |
2. 5 steps to deal with expired land certificates
1.Confirm expiration time: Check the remaining period of the land certificate through the real estate registration center or online government platform.
2.Submit renewal application: Application must be submitted 1 year before the expiration of the land use right. The required materials include:
| Material name | Remarks |
|---|---|
| Original land certificate | Original and copy |
| Proof of identity | Owner’s ID card/business license |
| Application for renewal | Reasons for renewal must be stated |
3.Pay renewal fee: According to Article 359 of the Civil Code, residential land is automatically renewed, and non-residential land needs to pay a land transfer fee (standards vary from place to place).
4.Apply for a new real estate title certificate: After the renewal is completed, the real estate registration agency will issue a certificate with a new period.
5.Special case handling: If it involves demolition, planning adjustment, etc., solutions need to be negotiated with the natural resources department.
3. Summary of hot issues in the past 10 days
According to discussions on major government affairs platforms and social media, the following issues receive the most attention:
| High frequency problem | Summary of official response |
|---|---|
| Who will own the house after 70 years? | Residential land is automatically renewed without affecting house ownership |
| How are renewal fees calculated? | For non-residential land, the additional payment is 40%-70% of the assessed land value. |
| The developer delayed in applying for the certificate, causing it to expire | Developers can be held liable for breach of contract |
4. Expert advice
1.Plan ahead: It is recommended to start paying attention to the renewal policy three years before the land certificate expires.
2.keep credentials: Properly keep original documents such as land transfer contracts and payment receipts.
3.Pay attention to local policies: For example, Shenzhen has piloted the "renewal linked to urban renewal" model, and there may be special regulations in various places.
4.Legal rights protection: If the administrative department fails to act, administrative reconsideration or litigation can be initiated in accordance with the Administrative Litigation Law.
5. Typical Case References
Case of renewal of a certain commercial land in Wenzhou City:
| Project | data |
|---|---|
| land area | 500㎡ |
| Amount of back payment | Appraised land price × 60% = 286,000 yuan |
| Processing time | A total of 83 days from application to issuance |
The issue of expired land certificates involves significant property rights, so it is recommended to consult the natural resources department or a professional lawyer in a timely manner. As the legislative process of the Real Estate Registration Law advances, relevant policies will be more clear and standardized in the future.
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