Can the house built in the new countryside apply for the property right certificate?

Houses in rural areas can apply for property ownership certificates. Rural houses are built on rural collective land, and the handler can only apply for the property right certificate of the house in accordance with the law if the house is built on the homestead approved by the county and issued with the right of use certificate.

1. How to divide the divorce of rural houses.

Rural houses are different from commercial houses, some have property rights certificates, and some only have homestead use rights certificates as proof of housing property rights, which makes the property rights of rural self-built houses not as clear as urban private real estate, so the division of self-built rural houses is different from the general division of commercial housing property, and the specific division can be roughly distinguished from the following situations:

1. If the house is built by one party before marriage and the husband and wife live together after marriage and use the person who started the house, if there is no other agreement, the house shall be owned by the party who built the house before marriage.

2. If the parents build a house on the homestead for the children to live in for marriage, if the house is built in the name of the children and is built after marriage, it is generally regarded as a gift to the children and the husband and wife, and the house is the joint property of the children and the husband and wife, unless otherwise agreed by the parties.

3. If the approved land is obtained in the name of one of the parents, the house jointly funded by the family of the man and the woman before marriage shall be regarded as the family property of that party, and the party who obtained the house at the time of divorce shall have the obligation to return the subsidy money of the other party.

4. For a house jointly funded by the family of a man and a woman before marriage, if the approved land was obtained in the name of one of the children at the time of construction, and the property has indeed been used by the husband and wife after marriage, the real estate can be regarded as the joint property of the husband and wife. When a child divides the house in a divorce, the property can be divided between the two parties according to the proportion of the contribution of the two families.

5. If a man and a woman live together with other family members after marriage and do not divide the family and property, the family that existed before the marriage is co-owned. If the property or the property belonging to one of the parents is not expressly given to the spouses, the property cannot be divided as joint property.

Article 61 of the Law on the Administration of Urban Real Estate.

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 people at the same level after verification 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.

Those who have obtained the relevant approval procedures for rural housing construction may issue property rights certificates. Those who use homestead land to build houses and their ancillary facilities in accordance with the law may apply for registration of the right to use homestead land and house ownership. Those who apply for the first registration of the right to use the homestead and the ownership of the house shall submit the following materials according to different circumstances:

1) The applicant's ID card and household registration booklet; (B) real estate ownership certificates or people with the right to approve the approval of land documents and other ownership materials; (3) The relevant materials of the house conform to the planning or construction; (4) Title survey form, parcel map, house plan, parcel boundary coordinates and other relevant real estate boundaries, areas and other materials; (5) Other necessary materials.

Articles 40 and 41 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.

The real estate certificate is a legal certificate for the state to protect the ownership of the house in accordance with the law, and the owner of the house manages and uses his own house with the certificate. Houses belong to immovable property, and according to the provisions of China's Civil Code, the ownership of immovable property rights shall be subject to registration. That is, the creation, alteration, transfer and extinction of immovable property rights shall become effective upon registration in accordance with law.

In other words, this type of property can only prove that you are the real owner of the house if you have registered and received the title deed. Therefore, there is also a real estate certificate for building houses in rural areas. ”

The answer is "yes". If you want to prove that you are the real owner of the house, your name must be written on the real property certificate, so if you want to have your name on the real estate certificate, you must first have a real estate certificate, and everyone knows that the community housing has a real estate certificate.

1. The applicant submits an application for building a house to the village committee and submits an application for building a house.

2. After obtaining the consent of the village committee, seal and sign, and submit an application to the township office.

3. The staff of the Township Construction Sales Office should conduct a real investigation and decide whether to agree or not.

4. The applicant receives the application form for housing construction, which is signed and sealed by the Township Construction Office.

5. Submit the relevant materials to the County Planning and Construction Bureau for approval.

6. After the approval of the housing management office, the announcement will be made, the relevant fees will be paid, and the real estate certificate will be obtained.

1. The applicant must be a member of the village collective in the village, and there is only this residence in the village.

2. The applicant's household registration has not moved out of the village.

3. It is really necessary for the applicant to build a house.

Note: If the applicant is not a local applicant, the applicant cannot apply. Materials required for the application of the real estate certificate.

1) The applicant's original household registration book and ID card.

2) "Application for Building a House".

Homesteads are required to build houses in rural areas, and only members of village collectives can own, buy, sell or exchange homestead foundations. Therefore, if the applicant buys a homestead to build a house here, but he is not a member of the village collective, then the right to the self-built house cannot be confirmed. The state is very strict about the review of relevant situations.

2. The applicant does not meet the requirements of "one household, one house".

The state now has a basic principle for the management of homesteads that is "one house per household", and if the applicant's home is more than one house, it is impossible to certify all the land and houses. Only one of them can be authenticated, and the rest cannot apply for a title certificate.

3. Building houses that do not meet the regulations.

If the applicant has not built a house on the homestead, or the house has not gone through the relevant approval procedures when it was built, this type of house cannot be confirmed. And this situation will also be punished, and the gains outweigh the losses.

According to Article 8 or Article 13 of the Housing Registration Measures, the following materials shall be submitted when applying for the initial registration of house ownership due to the legal construction of a house:

1) Application for registration;

2) Proof of the applicant's identity;

3) Proof of the right to use the homestead or the certificate of the right to use the land for collectively owned construction;

4) Proof that the registered house conforms to urban and rural planning;

5) Housing surveying and mapping report or village floor plan;

6) Other necessary materials.

Where an application is made for the initial registration of a villager's housing ownership, a certificate that the applicant is a member of the rural collective economic organization where the house is located shall also be submitted.

Where a rural collective economic organization applies for initial registration of house ownership, it shall also submit supporting materials with the consent of the villagers' meeting or authorized by the villagers' meeting and approved by the villagers' representative meeting.

The registration of rural housing property rights is divided into four steps: first, the applicant submits a written application to the registration authority where the house is located, and then the registration authority reviews the ownership of the accepted application, and then publicly solicits objections in the form of notices and imperial newspapers for applications that may be disputed, and finally the final confirmation and approval of the application for registration, and issues the housing ownership certificate to the housing right applicant.

[Legal basis].Article 3 of the Regulations for the Implementation of the Land Management Law.

The State implements a system of registration and issuance of certificates for land in accordance with the law. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.

Article 18 of the Interim Regulations on the Registration of Immovable Property.

Where an application for immovable property registration is accepted by a real estate registration authority, it shall conduct an inspection in accordance with the following requirements:

1) Whether the immovable property boundary, spatial boundary, area and other materials are consistent with the status of the immovable property applied for registration;

2) Whether the relevant supporting materials and documents are consistent with the content of the application for registration;

3) Whether the application for registration violates the provisions of laws and administrative regulations.