The transfer of land use certificate, how to transfer ownership with land use certificate

The house you buy is the joint property of the husband and wife, and the unanimous consent of the seller and the husband and wife must be obtained, and the buyer and seller must sign and pledge in front of the staff at the front desk of the hall of the local Department of Land and Resources, usually four people, if there are divorced widows in these two pairs, they must issue relevant certificates, which is more troublesome.

Compared with the land certificate and the real estate certificate, the real estate certificate is faster, the land certificate is changed according to the nature of the real estate certificate, if the information is complete before and after the transfer of the land certificate, it is generally in 22 days, if there is an agent, you have to pay some money faster, about 300 to die, 12 days can be done.

To apply for a land use certificate, you need to provide a copy of the real estate sales contract, a copy of the ID card of the buyer and the seller, a copy of the current real estate certificate (a copy of the co-ownership certificate), a copy of the deed tax payment invoice, and the original land certificate and its copy. There is no need for the original owner to come.

The transfer of the land use certificate is reasonable for 8 yuan square.

Legal analysis: The procedures for transferring the land use certificate are as follows:

1, to the land at or above the county level of the people's filial piety land administrative departments to submit a written application for change of registration;

2. Submit the approval document of the land and planning department for building a house, and the original land use right certificate;

3. If it involves the transfer of housing, it is necessary to submit the transfer contract, real estate certificate and other materials;

4. After the review materials are passed, the certificate will be issued.

Legal basis: "Regulations on the Implementation of the Land Management Law of the People's Republic of China" Article 6 of the first paragraph of the change of land ownership and use rights in accordance with the law, due to the transfer of above-ground buildings, structures and other incidental objects resulting in the transfer of land use rights, must be submitted to the land at or above the county level of the people's ** land administrative departments to apply for land change registration, by the original land registration authorities in accordance with the law for land ownership, right to use change registration. The change of land ownership and use right shall take effect from the date of registration of the change.

The transfer procedures of the land use certificate are: after the house ownership certificate is completed, it is necessary to bring the original and photocopy of the ID card, real estate certificate, original land certificate, contract, deed tax invoice of the house transfer and other materials, and apply for surveying and mapping and evaluation to the land management department, and issue a survey and mapping map and historical dust assessment report; Bring the materials to the acceptance window of the land management department to apply for processing; Since the deed tax and other fees have been paid for the house ownership certificate, only the registration fee (production cost) needs to be paid. The state-owned land use certificate can be transferred.

1. Legal basis.

According to Article 29 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China.

The methods of paid use of state-owned land include the transfer of state-owned land use rights.

At the same time, state-owned land is prohibited from being bought and sold, but the state-owned land use right can be transferred, and there are three ways to transfer: agreement, bidding, and auction.

According to the transfer method of the "State-owned Land Use Certificate".

Article 11 The transfer of land use rights may be carried out by auction and bidding according to different circumstances, and may also be carried out by agreement. Commercial, financial, entertainment, tourism, services, real estate development and other operational land shall be transferred by auction or bidding. If the transfer is made by agreement, unless otherwise stipulated by the state, the transfer shall not be lower than the reserve price.

2. Handle the materials for the transfer of land certificates.

1. The land registration of new houses shall be submitted to the land and planning department for building approval;

2.For the transfer of housing and the transfer of land use rights, a land use certificate is required. If the land certificate is lost or damaged, the land rights holder shall promptly file with the original issuing authority, apply for a new certificate, and make an announcement in the local newspaper.

If there is no objection within 30 days from the date of announcement, the original issuing authority shall cancel the original land certificate and reissue a new certificate.

3.For the inheritance of the house together with the land use right, the house license, the original land use certificate, the notarial certificate or the handwritten agreement and street certificate of the user shall be submitted for the gift. In addition to submitting the above materials, the entrusted agent must also provide a power of attorney signed and stamped by the client.

There are many types of land certificates, and not all of them can be transferred.

Collective land, generally rural land, can only be transferred between the household registration personnel of one village, and the buyer and seller need to apply to the village committee, and the acceptance will be publicized, and after two-thirds of the whole village agrees, the transfer of ownership will be handled in the village committee, and the household registration of other villages will not be transferred.

State-owned land is further divided into the nature of allocation and transfer.

It is necessary to change the nature of the land to a state-owned transfer after paying the land transfer fee.

If it is a state-owned land transfer certificate, it can be transferred, and the transfer fee is only a few hundred yuan.

Can the land use certificate be transferred?

State-owned allocated land cannot be transferred; State-owned land can be transferred; If the collective land is in the same village collective, the buyer and seller shall apply to the village committee, and the acceptance meeting will be publicized, and the sale and transfer of ownership can be carried out after two-thirds of the whole village agrees.

Can a second-hand house be transferred without a land use certificate?

It is less likely that the parties will buy second-hand houses without a land use certificate to transfer ownership.

Theoretically. Second-hand houses generally require three certificates before they can be traded.

It is not possible to trade without a land certificate.

Whether a collective land use certificate is required for the transfer of ownership of a house auctioned by the court.

If the court auctions a house that can be transferred with a collective land use certificate, and the court seals and auctions the real estate and its attachments on the collective land, it cannot directly dispose of the collective land use right.

What should I do if the land use certificate for buying a house has not been transferred?

If there is no transfer, you must go there in time, and you can transfer the account by charging a certain fee.

Land use certificate name change and transfer process.

The process of changing the name of the land use certificate is:

1.Application for change of land registration;

2.Change of cadastral survey;

3.conducting audits;

4.for registration;

5.Renewal or alteration of land certificates, issuance of certificates of other rights.

The process of transferring the land use certificate is:

1.Sign a land application contract with the original land certificate user;

2.Surveying and mapping, after the surveying and mapping company accepts it, take the above materials to conduct on-site investigation;

3.Bring the materials to the appraisal company to apply for an appraisal;

4.Bring the materials to the relevant department acceptance window to apply for processing, and receive the land certificate after paying the taxes and fees.

The land use certificate is a legal certificate to confirm the right to use the land, and it is the legal basis for protecting the legitimate rights and interests of the land in accordance with the law. Let's take a closer look with me.

Can the land use certificate be transferred?

1. China's land is divided into farmer's collective-owned land and state-owned land, so the land use certificate also includes the farmer's collective-owned land use right certificate and the state-owned land use right certificate.

2. The land use certificate can be transferred, but because there are many kinds of land use certificates, not every land use certificate can go through the transfer procedures.

3. If it is collective land, generally rural land, then it can only be transferred between the villagers of the same village, and the buyer and seller need to go to the village committee to apply for the transfer, and the village committee will publicize it when it is accepted, and after two-thirds of the villagers in the village agree, the buyer and seller can go through the transfer procedures in the village committee, and the villagers with household registration in other villages are not allowed to transfer the land use certificate.

4. State-owned land is divided into the nature of allocation and transfer. It is not possible to apply for a transfer of land use certificate, and it is necessary for the land owner to change the nature of the allocated land to a state-owned transfer after paying the land transfer fee, so that the transfer procedures can be handled.

5. If it is a state-owned land use certificate, then you can go through the transfer procedures, and you need to pay the relevant handling fees when the transfer. When going through the procedures for the transfer of the land use certificate, it is necessary to go to the Land Bureau to cancel the old land certificate after completing the housing transfer procedures, and then apply for the new land certificate with their respective valid ID cards, household registration booklets, marital certificates, old land certificates, new real estate certificates, and deed tax certificates. As long as a few hundred yuan handling fee, you can handle it.

6. If the land is allocated or collective land, then it is necessary to pay the land transfer fee of the land, and then change the nature of the land use right to the nature of state-owned transfer, at this time you can go through the transfer procedures of the land use certificate, and then pay a few hundred yuan handling fee.

The above is a detailed introduction to the land use certificate can be transferred, you want to go through the land use certificate transfer procedures friends can learn more about it, when handling the transfer should be handled according to the actual situation and nature of their land, and need to prepare relevant materials.

[Legal Analysis].It can be known that the land certificate is generally issued by the local people, and the document proving that the holder has the ownership or right to use the specific land is the legal proof that the holder enjoys the relevant rights of the land. If the land is allocated, a land transfer fee of 3% of the local land price should be paid.

[Legal basis].Land Management Law of the People's Republic of China

Article 61: Where land is needed for the construction of public facilities and public welfare undertakings in townships (towns) and villages, an application shall be submitted to the competent department of natural resources of the local people's ** at or above the county level upon examination and approval by the people of the township (town) and the local people's ** in accordance with the approval authority provided by the provinces, autonomous regions, and Tuanzhou cities directly under the Central Government; Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

Article 66: In any of the following circumstances, rural collective economic organizations may recover the right to use defective land with the approval of the people who originally approved the use of land: (1) for the construction of public facilities and public welfare undertakings in townships (towns) and villages, and it is necessary to use land; (B) not in accordance with the approved use of land; (C) due to revocation, relocation and other reasons to stop the use of land. Where land owned by peasant collectives is recovered in accordance with the provisions of item (1) of the preceding paragraph, appropriate compensation shall be given to the land use rights holders.

The resumption of the right to use land for collective business construction shall be handled in accordance with the written contract signed by both parties, except as otherwise provided by laws and administrative regulations.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, you can sort out the relevant information and communicate with a professional in detail.

Can the state-owned land use certificate be transferred 1. The state-owned land use certificate can be directly transferred with the real estate certificate. 2. The nature of state-owned allocation shall be transferred after the land use certificate needs to be supplemented with the land transfer fee. State-owned land use rights The transfer of state-owned land is prohibited from buying and selling, but state-owned land use rights can be transferred, and there are three ways to transfer:

Agreements, tenders, auctions. Among these three methods, bidding and auction are open and competitive, and there is generally no phenomenon of transferring state-owned land use rights at low prices; Since the agreement transfer does not introduce a competition mechanism, who uses the land, especially the determination of the land transfer fee, has subjective factors. Illegal low-price (including gratuitous) transfers mainly occur in the act of transferring land by agreement, so it is important to standardize the minimum price standard for negotiated transfers.

The following provisions are now mainly based on the following provisions: The "Interim Measures for the Administration of the Allocation of Land Use Rights" promulgated by the former State Land Administration Bureau in 1992 stipulates that "the transfer of land use rights, distinguishing between the transfer, leasing, and mortgage of land use rights, shall be charged according to a certain proportion of the marked land price, and the minimum shall not be less than 40% of the marked land price"; In 1995, the "Measures for Determining the Minimum Price of State-owned Land Use Rights Transferred by Agreement" was promulgated, stipulating that the minimum price of agreement transfer shall be determined according to a certain proportion of the benchmark land price of different land uses and land levels such as commercial, residential, industrial, etc., and the specific applicable proportion shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government. From the above provisions, it can be seen that the land transfer fee for the transfer of state-owned land use rights by agreement shall not be lower than the minimum price of the agreement transfer, and the minimum price of the agreement transfer is the standard for judging whether the state-owned land use rights are transferred at a low price.

According to the Administrative Measures for the Collection and Use of Paid Use Fees for New Construction Land, the formulation of local collection standards is based on the proportion of new construction land included in the paid land supply according to law is about 60%, so as to determine the average net income levy quota standard, so the determination of the minimum price of agreement transfer can be calculated according to the following formula: the lowest price of agreement transfer = 60% of the land paid use fee collection standard for new construction and prudent land use according to the notice of the Ministry of Land and Resources on reforming the approval measures for the confirmation of land valuation results and the disposal of land assets When the enterprise is restructured, if the allocated land needs to be converted into paid land, the transfer fee shall be calculated according to the difference between the transfer of land use right and the allocation of land use right. The land transfer fee calculated on this basis may be lower than 40% of the marked land price, and the standard for measuring the transfer of state-owned land at a low price cannot be based on "not less than 40% of the marked land price" for the supplementary payment of land transfer fees involved in the restructuring of enterprises.