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Anonymous users2024-02-06The developer will require the buyer to prepare the required materials before the buyer moves in, and some developers require the buyer to submit the materials after the buyer moves in, and the specific time is subject to the developer.
What buyers need to prepare:
Commercial Housing Pre-sale Contract";
Area Difference Agreement (in the case of existing houses, there is no such agreement);
The original online filing form (if the existing house is in existence, there is no online filing form);
Identification materials (ID card, copy of household register, etc.);
Marriage Certificate. Unmarried: From 2015, it is no longer necessary to provide a single certificate, but the word "unmarried" should be indicated in the marital status column of the person's household registration book;
Married: Marriage certificate of both husband and wife; divorce in the form of a divorce certificate or a civil mediation letter from the court;
Widowed: The death certificate of the spouse and the marital status of the person's household registration book are marked with the word "widowed";
Certificate of deed tax payment (if the developer collects and remits on behalf of the developer, it is not necessary to provide it);
Receipts for special maintenance funds (if the developer collects and pays on behalf of the developer, it is not necessary to provide sensitive leakage);
A copy of the household register.
The developer submits the materials to the real estate registration center.
The developer will submit the materials to the real estate registration center, and the real estate registration center will carry out unified processing, and after the processing is completed, the real estate registration center will notify the developer to obtain the certificate.
The buyer gets the house book.
Generally speaking, you can get the house book within 180 days (existing house) to 730 days (off-plan) from the date of occupancy. Due to the different types of houses and the different processing speed of developers, the processing period is subject to the actual situation. (Note:.)
If it is a loan to buy a house, the house book will not necessarily be issued to you after the completion of the process, some banks will keep the house book in the bank, and some will not require it; If you buy a house in full, the developer will send it to you after the house book is completed. ）
In addition, since March 1, 2015, the real estate registration has been officially implemented, and the "House Ownership Certificate" will no longer be issued, and the "Real Estate Property Ownership Certificate" will be issued uniformly.
Article 10 of the Interim Regulations on the Registration of Immovable Property.
The immovable property registration authority shall, in accordance with the law, accurately, completely and clearly record all kinds of registration items in the immovable property register. No one shall damage the immovable property register, and shall not amend the registered particulars except for corrections in accordance with law.
How the developer applies for the title deed.
The developer's handling of the real estate certificate is mainly divided into two links, the first is to apply for a "big certificate", that is, the initial registration, and the second is to apply for a "small certificate", that is, transfer registration.
Title registration is usually completed by the developer first, and then each buyer goes through the registration of the sale and purchase of commercial housing separately. Initial registration.
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Anonymous users2024-02-05The legal provisions of the real estate certificate: the real estate certificate only indicates that the real estate certificate can be issued by the real estate authority; The real estate certificate is a written proof of the ownership of a specific house, and can record the common ownership status of the specific house and whether a security interest is created. Based on the doctrine of one property, one right, there is only one ownership of the real estate certificate, and only one ownership registration can be registered on the real estate registration, and only one real estate certificate can be issued accordingly.
Article 211 of the Civil Code of the People's Republic of China: When a party applies for registration, it 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 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 case of inconsistencies in the records, the real estate register shall prevail unless there is evidence to prove that there is indeed an error in the real estate registration book.
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Anonymous users2024-02-04The new regulations on the handling of real estate certificates are that the parties need to apply for real estate registration at the registration authority where the real estate is located, and submit the parties' ID cards, household registration books and house purchase contracts and other materials to the registration authority. Then the registration authority will review the materials submitted by the applicant, register them after they are legally compliant, and issue the real estate property right certificate.
[Legal basis].
Article 209 of the Civil Code.
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.
The registration of immovable property shall be 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.
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.
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Anonymous users2024-02-03The time limit for applying for a real estate certificate is stipulated by law. If the subject matter of the commercial housing sales contract is a house that has not yet been built, the real estate certificate shall be handled within 90 days from the date of delivery of the house for use; If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, the real estate certificate shall be handled within 90 days from the date of conclusion of the contract.
[Legal basis].Article 32 of the Regulations on the Administration of Urban Real Estate Development and Operation.
The purchaser of the pre-sold commercial housing shall, within 90 days from the date of delivery of the commercial housing, go through the formalities of changing the land use right and registering the ownership of the house; The purchaser of the commercial housing for sale shall, within 90 days from the date of signing the sales contract, go through the formalities for the change of land use right and the registration of the ownership of the house of Qizimeng. Real estate development enterprises shall assist the purchaser of commercial housing in going through the formalities for the change of land use right and the registration of house ownership, and provide the necessary supporting documents.
Article 61 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 the registration of real estate change, and apply to the people's ** land management department at the same level for registration of land use right change 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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