Does the shop have a real estate certificate, and does the shop have a real estate certificate

Real estate and other immovable property must be registered and obtained a property right certificate to belong to legal property rights, and the real estate of shops is real estate, and only a real estate certificate must be registered in accordance with the law to belong to legal property rights. Otherwise, there will be restrictions on seeking legal protection in the event of adverse consequences.

Measures for Housing Registration (Order No. 168 of the Ministry of Construction of the People's Republic of China).

Article 7 Housing registration is generally carried out in accordance with the following procedures:

a) Application; 2) Acceptance;

c) Audit; 4) Recorded in the register;

5) Issuance of certificates. The housing registration authority may make an announcement on the registration items when it deems it necessary.

Article 8 The registration of houses shall follow the principle of consistency between the ownership of houses and the subjects of land use rights within the scope of housing occupation.

Article 9 The housing registration agency shall, in accordance with the laws, regulations and the provisions of these Measures, determine the materials to be submitted for applying for housing registration, and publicize the catalogue of application registration materials.

Article 10 Houses shall be registered in accordance with the basic units. The basic unit of a house refers to a house or a specific space with fixed boundaries, which can be used independently and has a clear and unique number (building number, room number, etc.).

Complete sets of houses within the scope of state-owned land shall be registered with the set as the basic unit; For non-complete houses, the basic unit of the house is the part with fixed boundaries such as buildings, floors, and rooms. The houses of villagers within the scope of collective land shall be registered with the independent buildings on the homestead as the basic unit; Villagers' houses built on shared homesteads are registered as basic units in the form of suites, rooms, and other parts with fixed boundaries.

Non-housing is registered as the basic unit of the part of the house with fixed boundaries, such as buildings, floors, suites, and rooms.

Article 25 The housing registration agency shall, according to the records in the housing registration book, write and issue a certificate of ownership to the right holder.

The house ownership certificate is the proof that the right holder enjoys the right to the house, including the "House Ownership Certificate", "Housing Other Title Certificate", etc. If the house applied for registration is a co-owned house, the housing registration agency shall indicate the word "co-ownership" on the house ownership certificate.

It can be handled by individuals.

The order of application is as follows:

1. Make sure that the developer has made the initial registration.

The initial registration of the developer is a necessary prerequisite for applying for the real estate certificate by itself. Generally, the time required by the competent authority to handle the initial registration is about 20 to 60 days, so after 2-3 months after the house is taken over, you can ask the developer about the initial registration and agree on it in the "purchase contract", or you can go to the local real estate transaction information ** for inquiry.

2. Go to the management department to collect and fill in the "Application Form for Housing (Land) Ownership Registration".

Prospective owners need to sign and seal the application form after filling it out. Some developers will have a ready-made stamped ** in their hands, just go to the developer to pick it up and fill it out. You can ask the developer in advance which department the real estate certificate should be handled in, and then consult the department directly, saving you the trouble of traveling.

3. One of the necessary materials - surveying and mapping (table).

The surveying and mapping form is an important basis for the registration department to determine the area marked on the real estate certificate, and there are three ways to obtain it: open business office (with ID card); Housing area metering station designated by the developer; Or apply to the registration department for a survey of the area of the house.

4. Collect relevant documents.

Gather the necessary application documents, including the purchase contract, housing settlement statement, and a copy of the large real estate certificate. The completed application form needs to be reviewed and stamped by the developer.

5. The payment of public maintenance ** and deed tax shall be paid to the community office or designated collection bank in the area where the property is located, as a necessary document for handling the real estate certificate.

If the owner's shop does not have a title deed, the buyer will not be able to go through the normal transfer procedures.

In view of this situation, the buyer of the shop can first sign the "Pre-purchase Contract", and stipulate in the "Pre-purchase Contract" that the owner will sign the formal "House Sale and Purchase Contract" when the owner obtains the real estate certificate of the shop, so as to avoid the risks brought by the purchase of a shop without the real estate certificate.

Of course, there is a real estate certificate, but the general property right is 40 years.

Generally, there are, and those that don't are irregular.

There must be, I didn't do anything, I didn't prove that you bought the house, it was yours.

The shop has a real estate certificate, which is a property right certificate that combines the real estate certificate and the land certificate. The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

If the right holder or interested party believes that the items recorded in the immovable property register are incorrect, they may apply for correction of the registration.

Civil Code of the People's Republic of China

Article 221.

If a party signs an agreement for the sale and purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.

After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid. Article 245.

For emergency needs such as emergency rescue and disaster relief, epidemic prevention and control, etc., the real estate or movable property of organizations or individuals may be requisitioned in accordance with the authority and procedures provided by law. After the expropriated immovable or movable property is used, it shall be returned to the expropriated person. Where the immovable or movable property of an organization or individual is requisitioned or damaged or lost after requisition, compensation shall be given.

Legal Analysis: As long as the shop is purchased through legitimate channels, it has a title certificate and a land certificate. The property right certificate is a 40-year commercial building, and the land certificate is a 40-year commercial property.

Legal basis: Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

Legal analysis: A shop cannot be bought without a title certificate. The property of the shop is immovable property, and the property ownership certificate must be obtained to belong to the legal property rights registered in accordance with the law.

Legal basis: Article 4 of the Measures for Housing Registration shall be handled by the housing registration agency where the house is located. The housing registration agency mentioned in these measures refers to the municipal government, city and county people's construction (real estate) department or its establishment of the agency responsible for housing registration.

If the area is divided, the property rights can be handled. However, in most shopping malls, the division of the Naiga department is an artificial division of the shopping mall, and it has not been approved by the real estate management department, if this is the case, it is impossible to handle the property rights, at least temporarily. If the mall is going to sell to you, you should check with the developer of the mall to see if there is a pre-sale license, if not, their sale is illegal.

At the same time, you should check the area mapping report for mall sales. If the location you buy is independent and has its own area marking, it is possible to handle the property rights. If there is no independent area marking, but is included in the total area, then it is definitely impossible to handle independent property rights.

The process of applying for the real estate certificate of the shop and the materials required for the real estate certificate are as follows:

1. Initial registration.

The initial registration of the developer is a necessary prerequisite for the process of applying for the title deed on its own. According to Article 34 of the Administrative Measures for the Sales of Commodity Housing, real estate development enterprises shall, within 60 days from the date of the delivery of commercial housing to the use of the real estate certificate, submit the materials required for the application of the real estate certificate to the real estate administrative department where the housing is located.

Legal basisInterim Regulations on the Registration of Immovable Property

Article 11 of the second article of the record shall be completed when the registration items are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law. Article 60 of the Law of the People's Republic of China on the Administration of Urban Real Estate stipulates that the State implements a system of registration and issuance of certificates for land use rights and house ownership.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate. 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.