The bureau has checked and filed it, but the real estate certificate has not been done for many year

Updated on society 2024-02-09
23 answers
  1. Anonymous users2024-02-05

    Prepare the documents to the local housing authority to apply.

    1. Handling conditions:

    The buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law.

    Second, the handling materials:

    1. Stamped application form.

    2. Housing sales contract.

    3. Confirmation letter between the buyer and the seller who signed the pre-sale contract on the house number, the measured area of the house and the settlement of the house price.

    4. Two copies of the surveying and mapping form, the housing registration form, and the household plan.

    5. Special receipts for special maintenance funds.

    6. Deed tax payment or tax reduction certificate.

    7. Buyer's identity certificate (copy to check the original).

    8. Submit a co-ownership agreement for the co-ownership of the house.

    9. Proof of prepayment from the bank.

    3. Handling process:

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

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

    3. Apply to the registration department for surveying and mapping the area of the house, and submit the survey and mapping map (form) 4, and receive the relevant application documents.

    5. Pay public maintenance ** and deed tax.

    6. Submit application materials.

    7. Collect the real estate certificate according to the specified time.

    4. Time limit and fee:

    Processing time: 30 working days for processing.

    Processing fee: 80 yuan for each residential house, and 10 yuan for the production cost if there is a co-ownership certificate.

    Summary: When buying a house, the contract, invoice, deed tax certificate, tax payment certificate, maintenance invoice should be kept, and it will be used when handling the housing certificate.

  2. Anonymous users2024-02-04

    The new policy has just come down, and the current off-plan property can no longer be renamed, of course you can find a relationship ( o ah!. As for what is safer, it depends on how hard your relationship is ( o ) ...

  3. Anonymous users2024-02-03

    Not counted. 1.Although the house is filed with the Housing Authority, it is still not considered to have a property without a property ownership certificate, because the property ownership certificate is the only property ownership certificate;

    2.The house has been filed with the real estate bureau, which can only mean that the house has a certain relationship with you;

    3.Some have paid the money without the property ownership certificate, some agree to donate without the property ownership certificate, and some legal judgments do not have the property ownership certificate, but before the property ownership certificate is obtained, from a legal point of view, it is still not counted as their own house property rights.

    According to the Property Law of the People's Republic of China

    Article 31: Where real estate rights are enjoyed in accordance with the provisions of Articles 28 to 30 of this Law, registration is required in accordance with the provisions of law, and the real rights do not take effect without registration.

    Therefore, although the house is filed with the housing authority, it is still not considered to have a property if it does not have a real estate certificate in law.

  4. Anonymous users2024-02-02

    Not counted. It can only be regarded as still being processed.

    According to the provisions of the Property Law, only the real estate title certificate is valid.

    Article 9 of the Property Law stipulates that the creation, alteration, transfer and termination of immovable property rights shall become effective upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

  5. Anonymous users2024-02-01

    If you are buying and selling your own house, it depends on whether it is restricted before the purchase or not, and the policies of each region are different!! Hope that helps!

  6. Anonymous users2024-01-31

    As long as you file with the Housing Authority, although the real estate certificate has not come down, it is also your own property, and you have to go according to the policy of two sets when you buy a house

  7. Anonymous users2024-01-30

    If you have a purchase contract, you can prove that you have a property, and secondly, you can get a certificate issued by the housing authority.

  8. Anonymous users2024-01-29

    It has been filed with the housing authority, and legally even if you have a house in your name, it is just that the ownership has not yet been transferred.

  9. Anonymous users2024-01-28

    As long as it is filed with the housing authority, it is equivalent to having a property in your name.

  10. Anonymous users2024-01-27

    The head of the household is yours, so let's be.

  11. Anonymous users2024-01-26

    Theoretically, it can be regarded as owning a house, but from a legal point of view, it cannot be regarded as owning a house.

    Because there is no real estate certificate.

    Before, it is not legally recognized. Only when the real estate certificate is handled can the property be regarded as truly having legal ownership. Therefore, it is still not legally considered to have a house.

    Legal basis

    According to the Civil Code

    In line with the provisions of the Property Law, only the real estate property right certificate is valid.

    Article 209

    The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

    Article 210

    Registration of immovable property.

    It shall be handled by the registration authority of the place where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies and registration methods shall be governed by laws and administrative regulations.

    Stipulate. Article 214

    Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

    Article 9 of the Property Law

    The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

    The real estate certificate is a document that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "House Ownership Certificate".

    It is a legal certificate for the state to protect the ownership of the house in accordance with the law.

    If your title deed is only issued later, don't worry, because the house will be yours sooner or later, but there are some things to be aware of during the period when you don't have a title deed:

    1. Unregistered houses cannot be bought or sold. Even if the transaction is private, the transfer procedure cannot be completed.

    2. Unregistered houses cannot be mortgaged.

    3. Unregistered houses cannot be rented. If the rented house does not have a title certificate, and there is a dispute between the two parties (rent arrears or non-vacancy when it expires), the legitimate rights and interests of the lessor cannot be protected.

    4. Unregistered houses cannot protect legitimate rights and interests. When the right holder is due to the property rights of the house.

    In the event of a dispute or infringement with others, their rights and interests cannot be protected because they are unable to provide the property right certificate to the administrative, arbitratorial or judicial authorities.

    5. Unregistered houses cannot be compensated. In the event of compensation for house demolition, the buyer may not be compensated because he does not have a title certificate.

    6. Unregistered houses cannot be inherited or gifted. When a house is donated or inherited, it must be notarized. According to the regulations, without the property right certificate, the notary department will not go through the relevant procedures, and the rights and interests of the heirs and donees will not be protected.

  12. Anonymous users2024-01-25

    In this case, it can be regarded as having a real estate by itself, although the real estate certificate has not come down, but his house has been signed and filed with the Housing Authority, even if he already has a house under his name.

  13. Anonymous users2024-01-24

    Although the house has been filed with the housing authority, but the real estate certificate has not been issued, then it does not belong to your own property.

  14. Anonymous users2024-01-23

    The house has been filed with the housing authority, but the real estate certificate has not been done, so it is considered that you have a property. If you have the procedures to buy a house, although you don't have a real estate certificate, if it goes through the legal process, I think you should also have a real estate.

  15. Anonymous users2024-01-22

    The house you bought has been filed with the Housing Authority, but the title deed has not yet been issued. This is also your own property. Because you've already filed it. It is only a matter of time before the title deed is done. Hope it helps.

  16. Anonymous users2024-01-21

    Although the real estate certificate is not done, the replacement of the house must be yours, of course, even if you have your own property, the real estate certificate will be done sooner or later.

  17. Anonymous users2024-01-20

    The property that has been filed with the housing management department can be regarded as having a real estate by itself, which has little to do with whether the real estate certificate is handled or not.

  18. Anonymous users2024-01-19

    Even if you have a house, if you apply for the subsistence allowance, you just don't, and I'm really helping you look forward to it.

  19. Anonymous users2024-01-18

    It is your own property, however, it cannot be used as collateral without a title deed.

  20. Anonymous users2024-01-17

    In a statement like yours, there is no property right without a title deed, and the title deed can represent the right to real estate.

  21. Anonymous users2024-01-16

    Yes, usually after the housing is recorded, the housing authority can check whether there is a real estate.

    The house was recorded, and according to the principle of one thing, one right, there can only be one ownership on a subject matter. Almost all theoretical and practical circles believe that filing has the effect of preventing the sale of one house and two houses. Avoid disputes.

    It is mainly to protect the rights and interests of buyers, and it is a guarantee for the security of transactions for both buyers and sellers.

    Filing is to file with the real estate management department. Generally, after the commercial housing is signed online, the developer files the contract, obtains the record number after being reviewed by the relevant departments, prints out the contract text, signs and seals the buyer and seller, and holds the number of copies that should be taken. After the contract is signed, the real estate management department will return a 9-digit record number starting with 06, indicating that the contract has been successfully recorded.

    You can consult the Regulations on the Management of Urban Real Estate Development and Operation.

  22. Anonymous users2024-01-15

    1. Negotiation and settlement: If the developer is unable to apply for the property right certificate, there are two ways to negotiate and solve: one is that within a certain period of time, the buyer does not check out, and the developer should pay liquidated damages on a daily basis; There is also a type where the buyer checks out, and the developer pays a certain amount of liquidated damages.

    If the two parties do not have much disagreement, after reaching an agreement, the two parties sign an agreement to agree on the way to bear the liability for breach of contract and the final way to deal with it, and the developer will compensate the buyer.

    2. Send a lawyer's letter: If the negotiation fails, you can entrust a lawyer to send a lawyer's letter to the developer. A lawyer's letter can serve as a reminder and warning to the other party, urging the other party to take the initiative to take responsibility, which is much more convenient than the judicial channel, but the lawyer's letter is not mandatory, and if the other party refuses to compensate, it is still necessary to file a lawsuit.

    3. Filing a lawsuit: If the developer still refuses to solve the problem after negotiation and sending a letter, he can sue the court to require the developer to continue to perform the contract or request to terminate the contract, and at the same time investigate the developer's liability for breach of contract.

    Legal basisArticle 211 of the Civil Code of the People's Republic of China [Application Materials for Registration of Immovable Property] When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.

    Article 217 of the Civil Code of the People's Republic of China [Relationship between the Immovable Property Register and the Certificate of Ownership of Immovable Property] The certificate of ownership of 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.

  23. Anonymous users2024-01-14

    Circumstances in which it is not possible to apply for a title deed:

    1。The development enterprise is bankrupt or disqualified, and cannot continue to handle the confirmation of real estate rights;

    2. The developer has not obtained the land use certificate or has not paid the land transfer fee;

    3. The developer mortgages the land or house to the bank or construction team, and the debt has not been paid off;

    4. The developer has not completed the completion of the filing work;

    5. The developer repeats the ** house (without the contract filing), resulting in the inability to apply for the real estate certificate;

    6. The real estate was seized by the court;

    7. The developer has not obtained the measured data of the construction area;

    8. There is an area error in the commercial house, and the excess area within a certain range needs to be paid or refunded according to the regulations. If the area error is not resolved, it will lead to the inability to register property rights;

    9. The developer fails to construct residential supporting facilities according to the overall plan, or fails to hand over the residential supporting houses, and cannot pass the comprehensive acceptance; 10. The developer fails to confirm the right in a timely manner;

    10. The developer does not cooperate with the provision of relevant information for the application of small real estate certificates;

    11. There is a dispute between the developer and the minority owner, and the real estate certificate that should have been issued to the minority owner is withheld;

    12. The house deed tax has not been paid;

    13. Public maintenance** has not yet been delivered;

    14. The documents submitted for the real estate certificate are unqualified;

    15. Individual buyers carry out illegal construction after moving in, resulting in the planning department issuing a certificate of completion and acceptance of the house;

    16. The real estate certificate handling department delays or refuses to handle it without justifiable reasons;

    17、**。**Property rights violations are handled. **Company (lawyer).

    Further information: Registration of immovable property, which is handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

    Legal basis: Article 209 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

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