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According to the provisions of the "Land Law", the right to approve the homestead in the countryside lies with the people at the county level, so only after the approval of the county ** and the issuance of the homestead use right certificate, can the house property right certificate be obtained in accordance with the law. Although the residential houses in the rural areas use the rural collective land, the houses built on the homestead land approved only by the collective economic organization (village committee) are illegally occupied, and the house ownership certificate cannot be obtained, and the house built on the self-reserved land or contracted land cannot receive the house ownership certificate.
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OK! Let's figure it out first:
1. Whether the original owner has a land certificate;
2. Whether the original owner has a legal building certificate or procedures;
3. Whether you have completed the procedures for buying a house and whether you have paid taxes;
4. Have the transfer procedures been completed when the house is sold? --It is recommended that you go to the local Land and Resources Management Bureau and the Housing Authority for consultation, because you need to apply for a real estate certificate, which is related to these two units, and they will definitely give you a clear answer. Good luck.
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No, because it is a small property.
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No, your land is allocated and not allocated by the state.
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If all the procedures for building a house are legal and valid, whether it is a bungalow or a building, there should be a house ownership certificate. According to the relevant regulations, rural houses also have real estate certificates, that is, when building houses, they must obtain the "Collective Land Use Certificate" and "Construction Planning Permit". With these two documents, you can go to the housing management office to exchange for the real estate certificate.
Legal basis: Article 60 of the Law on the Administration of Urban Real Estate.
When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
Why do some village bungalows not apply for real estate certificates?
Houses in rural areas do not have property ownership certificates, and this matter needs to be recognized from two aspects.
First, it is a problem left over from history. The reason why there is no property right certificate for the houses caused by the historical legacy is that such houses have a relatively long history, such as the self-built houses in the countryside 2,000 years ago, and basically did not receive the property right certificate. However, the self-built houses in that period also needed to be approved by the township ** construction office and the land management office, and the construction permit would be issued if the self-built house was approved.
It is legal for a house built during that period to be able to get a building permit, even now, a house with a building permit is a legal building.
Second, some villagers have a weak sense of the rule of law, believing that building a house is legal, and they have a close relationship with the village committee, so they build a house without permission after saying hello, and of course such a house does not have a property right certificate.
Can a bungalow be mortgaged.
OK. A mortgage on a homestead is valid.
However, the effect of the mortgage cannot be extended to the right to use the homestead within the scope of the house, and once the debtor is unable to pay off the debt, the creditor can only be repaid with the building materials of the mortgaged house as movable property. Therefore, other guarantees can be provided, and in general, the house on the homestead should not be used as collateral.
Article 32 of the Measures for the Administration of Urban Real Estate Mortgages.
To handle the registration of real estate mortgage, the following documents shall be submitted to the registration authority for inspection:
1) The identity certificate or legal personality certificate of the mortgage party;
2) Application for mortgage registration;
3) Mortgage contract;
4) "State-owned Land Use Right Certificate", "House Ownership Certificate" or "Real Estate Ownership Certificate", and the co-owned house must also submit the "Housing Co-ownership Rapid Shortage Certificate" and other co-owners agree to mortgage certificates;
5) Documents and supporting materials that can prove that the mortgagor has the right to create a mortgage;
6) Information that can prove the value of the mortgaged real estate of Mu Changming;
7) Other documents deemed necessary by the registration authority.
Legal basis:
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If all the procedures for building a house are legal and valid, whether it is a bungalow or a building, there should be a house ownership certificate. According to the relevant regulations, rural houses also have real estate certificates, that is, when building houses, they must obtain the "Collective Land Use Certificate" and the "He Chun File Construction Planning Permit." With these two documents, you can go to the housing management office to exchange for the real estate certificate.
Article 60 of the Law on the Administration of Urban Real Estate When real estate is transferred or changed, it shall apply to the local people's real estate management department at the county level for registration of real estate change, and apply to the people's land management department at the same level for the registration of change of land use right with the changed house ownership certificate, and the people's land management department at the same level shall replace or change the land use right certificate after verification by the people's land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
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According to what I have learned, there are currently some restrictions on the processing of property ownership certificates for bungalows in China. A bungalow refers to a one- or two-story residential building, which generally does not have a certificate of ownership, but relies on a land use right certificate to prove the right to use. However, depending on the policies and regulations of different regions, there may be some exceptions.
In urban areas, due to limited land resources, the development of multi-storey housing is more provocative, so the planning and approval of new bungalows will be relatively strict. In this case, it may be difficult to obtain the title deed for the bungalow. However, in some rural areas, due to the abundance and surplus of land resources, the policy is relatively relaxed, and there are still some places where bungalows are allowed to apply for real estate certificates.
Specific policies and regulations may vary from region to region, and it is advisable to check with your local property management department or relevant department for specific regulations and procedures.
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