Why is the term of residential property rights in Chongqing 50 years?

First of all, the background that the residential land use right in Chongqing is 50 years.

According to 1990 the State Council Decree No.55, the paid use system has been implemented in Chongqing since 1990. In order to strengthen the macro-control of land price, our city issued the benchmark land price and the public land price by document Chongfufa (1992) 153. The promulgation of land price policy has greatly promoted the reform of paid land use system. According to article 12 of Decree No.55 of the State Council, the residential land transfer period is 70 years.

1992 after Deng's southern tour speech, in order to strengthen the transformation of the old city and attract investment by land, the planning department determined it as comprehensive land (including some commercial land) according to the characteristics of cluster cities in Chongqing's main urban area, when issuing planning site selection opinions and clarifying land use. According to article 1 1 of Decree No.55, the comprehensive land use is 50 years. Starting from 1994, when signing the land transfer contract with the transferee, it is agreed that all comprehensive land will be 50 years (including 50 years of residence), so the land transfer fee is calculated as 50 years.

Two, the legality and rationality of the term of residential land use rights is limited to 50 years.

From the point of view of legality, according to Article 12 of the Provisional Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights (the State Council Order No.55) and Article 13 of the Urban Real Estate Management Law of People's Republic of China (PRC), the assignment period of zui land use rights is stipulated by the State Council, and determined according to the use: 70 years for residential land, 50 years for industrial land and 50 years for educational, scientific, cultural, health and sports land. Therefore, Chongqing stipulates that the service life of residential land is 50 years, which is not inconsistent with the state's stipulation that the maximum service life of residential land is 70 years, and it is in line with the provisions of the state superior law.

From the rationality point of view, first, most real estate development in Chongqing is dominated by mixed commercial and residential types. If the transfer period is determined according to the years of commercial and residential buildings in a project, it will inevitably appear in one building, and the termination time of commercial and residential buildings will be inconsistent, which will bring difficulties in disposal; Second, the service life of a house is generally 50 years. When the land use period expires, the residual value of the house is not much. In addition, the property law has stipulated in principle that the right to use individual residential construction land can be automatically renewed. Therefore, defining the term of residential land use right according to 50 years can also effectively reduce the cost of property buyers and benefit end consumers.