What should I do if I don t have a real estate certificate for five years in a resettlement house?

1. Apply for title investigation. This step is mainly to confirm the spatial location of the house, whether the ownership is accurate, and whether the boundaries are clear, which is the first step in handling the real estate property certificate. The applicant needs to bring the original ID card and the relevant expropriation materials to the real estate registration center and apply for the real estate title investigation.

Usually the center staff will contact the location of the property within 1 week to conduct a survey and survey.

2. Issue a tax exemption certificate. Generally speaking, this needs to be handled at the local tax branch or local tax office where the property is located. Because the collection regulations are inconsistent according to different regions, there may be places where you need to pay taxes to buy resettlement housing, but generally you don't need to pay taxes.

Generally speaking, you only need to bring your ID card and relevant supporting materials for tax exemption to issue a tax exemption certificate.

3. Apply for the real estate property certificate, that is, the real estate certificate. This needs to be handled at the newly established real estate registration center, and the information to be submitted includes: parcel map, house plan (the map on the last page of the real estate title certificate, the contents should be blocked and copied into a blank form), the original and copy of the applicant's ID card, the tax payment certificate (the thing given on the local tax), which mainly refers to the tax exemption certificate, and the relevant materials for collection.

4. Obtain the real estate certificate.

The resettlement house has not been issued with a real estate certificate?

It can be bought and sold or gifted to transfer. If the real estate certificate has been completed for five years, the sale and transfer of ownership is cost-effective. The details are as follows:

The transfer fee is about 6% of the tax return price (i.e. the transfer price of the property as agreed upon) (3% of the notary fee and 3% of the transfer tax). However, after the transfer of the gift, if you want to transfer the property in the future, you will have to pay 20% of the declared tax value for a single personal income tax. Therefore, it is not advisable to use gift transfer.

It is recommended to use the sale and transfer of ownership, that is, the direct transfer of the property to the son and daughter-in-law, the tax is about 8% of the tax value of the real estate (seller: 1% of the personal income tax (exempt for more than 5 years for the real estate certificate), and the exemption for the VAT real estate certificate for more than 2 years), the buyer: deed tax, and other transfer taxes and fees are about hundreds, and the above tax points are calculated according to ordinary residences of less than 144 square meters).

The tax return price is yours to set. The Housing Authority's computer system has a minimum assessment for each local area. If the declared tax value is higher than the appraised value, it will be taxed according to your price.

If it is lower, it will be calculated according to the appraised value of the system. The most knowledgeable about this appraisal price is the local real estate agent in the same area, because they often go to the transfer and know how much they can pass through the lowest report, so it is recommended that you go to the agent to find out. Basic procedures for the transfer of ownership of second-hand houses:

Sign the sales contract, submit the documents, pay the tax, pay the tax and transfer, and obtain the certificate. Sometimes the procedures vary from region to region, for example, it is possible to pay taxes first and then submit the documents. Signing a sales contract means:

The buyer and the seller, together with the intermediary (if any), negotiate and sign the contract on the property**, the method of delivery, the payment method, etc. The delivery means that the buyer and the seller bring the relevant information to the housing authority to apply for the registration of the transfer of the property.

The buyer brings the original ID card. If the loan requires a certificate of the first house, it must be issued by the relevant department first according to the requirements of the Housing Authority. The seller should bring the original ID card, real estate certificate, and original tax invoices related to the property.

The sale and purchase contract can be signed with the Housing Authority version to the Housing Authority. (There are many big cities that have implemented online signing, that is, they apply for a pre-acceptance number and fill in the form online, and then submit the documents, so as not to queue up at the housing authority) tax payment means: after the housing authority receives the documents, it will pay various taxes and fees to the relevant tax bureau departments at the time required by it.

The buyer and the seller each bring their original ID cards to pay their respective taxes. Tax payment transfer means: after the buyer and the seller pay their respective taxes, both parties bring their ID cards and all the invoices and documents of their respective taxes and fees to the housing authority to check and confirm that the tax has been paid, complete the transfer, and receive the transfer receipt.

Obtaining the certificate means: the buyer shall bring the ID card and the transfer receipt to the housing authority to collect the new real estate certificate at the specified time according to the transfer receipt.

Regulations for the Implementation of the Land Management Law of the People's Republic of China

Article 3. The State implements a system of land registration and issuance of certificates 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.

The content of land registration and the style of land ownership certificate shall be uniformly prescribed by the land administrative departments. Land registration information can be searched publicly.

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

Article 60. The State implements a system of registration and issuance of certificates for land use rights and house ownership.

Summary. Hello, resettlement housing is not a commercial house, it is not allowed to be bought and sold, and it cannot be transferred. It is stipulated that the resettlement house needs to be owned by the host of the house for 5 years, with the resettlement compensation agreement, pay the land transfer fee, deed tax and other taxes, and complete the real estate certificate, deed tax certificate, and land certificate of the nature of the commercial house.

Hello, resettlement housing is not a commercial house, it is not allowed to be bought and sold, and it cannot be transferred. It is stipulated that after the resettlement house needs to be sold for 5 years, the resettlement compensation agreement shall be used to pay the land transfer fee, deed tax and other taxes and fees, and the real estate certificate, deed tax certificate, and land certificate of the nature of the commercial housing shall be completed.

Expansion: Resettlement housing is a house built by resettlements of demolished households when urban road construction and other public facilities construction projects are carried out. That is, the house that is demolished for urban planning, land development and other reasons, and resettled to the demolished person or tenant for residential use.

According to the provisions of Chinese law, the transfer transaction of resettlement housing can only be carried out after obtaining the real estate certificate of the resettlement house, and there is no difference between the transfer transaction and the ordinary house. The targets of resettlement are urban residents who have been demolished, as well as rural households whose houses have been requisitioned and demolished. With the further acceleration of the pace of urban construction and development, it is urgent to build as many resettlement houses as possible and continue to meet the needs of the relocated households.

Summary. If the relatives have a real estate certificate for less than 5 years and want to transfer the ownership of the resettlement house, then they need to meet the provisions of Article 34 of the "Regulations of the People's Republic of China on Real Estate Registration", that is, "the transfer of the resettlement house shall meet the following conditions: (1) the real estate certificate of the resettlement house is valid for five years; (2) The sales contract, transfer agreement or other valid legal documents signed by the owner of the resettlement house shall be reviewed and confirmed to be legal and valid by the local real estate department; (3) The buyer of the resettlement house has paid the construction tax, deed tax and other taxes payable in accordance with the regulations.

If the relatives have a real estate certificate for less than 5 years and want to transfer the ownership of the resettlement house, then they need to meet the provisions of Article 34 of the "Regulations of the People's Republic of China on Real Estate Registration", that is, "the transfer of the resettlement house shall meet the following conditions: (1) the real estate certificate of the resettlement house is valid for five years; (2) The sales contract, transfer agreement or other valid legal documents signed by the owner of the resettlement house shall be verified as legal and valid by the local real estate department; (3) The buyer of the resettlement house has paid the construction tax, deed tax and other taxes payable in accordance with the regulations. ”

Legal basis: Article 34 of the Regulations of the People's Republic of China on Real Estate Registration, that is, "the transfer of ownership of the resettlement house shall meet the following conditions: (1) the real estate certificate of the resettlement house shall be valid for five years; (2) The sales contract, transfer agreement or other valid legal documents signed by the owner of the resettlement house shall be reviewed and confirmed to be legal and valid by the local real estate department; (3) The buyer of the resettlement house has paid the construction tax, deed tax and other tax payable in accordance with the regulations.

Therefore, the transfer of ownership of the resettlement house must meet the above conditions, the most important of which is that the property ownership certificate of the resettlement house is valid for five years, and if it is less than five years, the transfer cannot be carried out.

After five years of resettlement housing transfer, pay attention to whether the housing procedures are complete and whether the property rights are clear; whether there are multiple people who shout together; Try not to pay the full amount at once; When signing the contract, pay attention to the time of property transfer and delivery, and ask the seller's spouse to sign; Strictly prevent the occurrence of "one house for multiple sales"; For those who are not clear, pay attention to the use of supplementary agreements.

[Legal basis].

Article 61 of the Urban Real Estate Management Law on the transfer or change of real estate, shall apply to the local people's ** real estate management department at or above the county level for real estate change registration, and with the changed house ownership certificate to the people's ** land management department at the same level to apply for land use right change registration, verified by the people's ** land management department at the same level, by the same level of the people** replacement or eggplant change of land use right certificate. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws. Article 510 of the Civil Code: After the contract Zheng Napei takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Article 599:The seller shall, in accordance with the agreement or trade customs, deliver to the buyer the relevant documents and materials other than the documents for the extraction of the subject matter.