What are the effects of not applying for the real estate certificate, and what are the consequences

There is no legal risk for yourself in the future, and there is that your property cannot be proved to be your own.

Legal analysis: the consequences of not applying for a real estate certificate: unable to buy, sell, gift, replace, inherit, lease, mortgage and other activities; Once demolished, it is not possible to obtain full compensation for demolition and relocation in accordance with national policies; may be at risk of forced demolition or auction; When the term of the land use right expires, it is not possible to apply for the continued use of the land.

Houses without property rights certificates are not easy to go through the procedures for changing property rights, and there are transaction risks. When the house is demolished, the owner of the house without the title certificate cannot receive compensation equivalent to the value of the house with the title certificate. If the house is identified as an illegal building without a title certificate, it will also face administrative penalties and forced demolition.

When a property rights holder without a property right certificate exercises his or her housing rights and has a dispute with his neighbors, the provisions on neighboring relationships shall apply, and the restrictions and expansion of rights shall be accepted. When there is a dispute between the buyer and the seller of a house without a property right certificate and needs to be resolved through legal means, it is likely that the validity of the sales contract will be affected due to the property rights of the house, which will lead to difficulties in dispute resolution and it is difficult to protect rights.

Legal basis: Article 21 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable Property Where an application is made for the registration of jointly owned immovable property, the immovable property registration authority shall issue a certificate of ownership of the immovable property to all co-owners; If the co-owners apply for separate certificates, they may separately issue certificates of ownership of immovable property for the co-owners. The certificate of ownership of the co-owned immovable property shall indicate the co-ownership and list all the co-owners.

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 housing ownership.

Article 61 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.

Consequences of not applying for real estate certificates: no sales, gifts, replacements, inheritances, leases, mortgages and other activities; Once demolished, it is not possible to obtain full compensation for demolition and relocation in accordance with national policies; may be at risk of forced demolition or auction; When the term of the land use right expires, it is not possible to apply for the continued use of the land.

Legal basis] Article 21 of the Interim Regulations on the Registration of Immovable Property.

The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

Article 60 of the Law on the Administration of Urban Real Estate.

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

Article 61.

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.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Acts such as sale, gift, replacement, inheritance, lease, mortgage, etc., are all invalid contracts and are not protected by law. When buying real estate, the registration of the title of the house is an important part of the sale and purchase contract. In China's current legal system, property rights are based on registration, that is, only after the registration of immovable property, the ownership of the house will be protected according to law.

Many people only think of using the law to protect their legal rights after their houses are illegally violated, but because they do not apply for real estate certificates, it is difficult to obtain legal protection in the end.

The change of the house is strictly registered and publicized in the law, and the house without the property right certificate will lead to the invalidation of the inheritance contract and gift contract.

When a husband and wife divorce, they will involve the distribution of property, and the division of the house is the most important thing, and the house without the real estate certificate cannot be divided.

Buyers usually do it to preserve and increase their value, and when the price of the house changes, the buyer will consider selling the house. However, it is necessary to have a title deed to buy and sell real estate. A house without a title deed will not be protected by law when it is bought or sold.

The bank must review the real estate certificate when applying for a mortgage, otherwise it cannot apply for a mortgage. Legally, if the lessee does not pay the rental and transportation fee, and uses the property title deed as its legal owner, it should be supported.

When the house is demolished, because the demolition cannot be carried out in accordance with the national policy and relevant legal provisions, the house cannot be compensated when it is lost or damaged, so as to reduce the loss of the house.

In the demolition compensation, ** will also be compensated according to the real estate certificate, if there is no real estate certificate, it will lead to the house demolition can not be compensated, resulting in a lot of losses.

In China, the property right system belongs to the principle of publicity, and the result of no registration is that once a property dispute occurs, it cannot be protected by law. In other words, the house without the real estate certificate is still in essence the development of the business, once defrauded, the buyer will face the loss of the house payment. The most common situation is that the developer sells two houses in one house, signs a purchase contract with another customer, and gets the real estate certificate of the housing management department, while the buyer who does not get the real estate certificate can only ask the developer to check out, as for whether he can get the money, this is a good lesson.

In addition, the conventional wisdom often discourages buyers from thinking about the destruction or damage of the house, but this is also the most likely cause of loss to the buyer. If the house is in the event of a war, typhoon, flood, fire, etc., it cannot be compensated without a title deed.

If the property title certificate cannot be obtained due to illegal construction, the house purchased by the buyer is in danger of being forcibly demolished or auctioned; If the developer is enforced due to a debt dispute, the immovable property that has not been transferred is still the property of the developer and can be enforced by its creditors.

The above is a detailed interpretation of the impact of the real estate certificate, such as sales, gifts, replacements, inheritances, leases, mortgages, etc., all of which are invalid contracts and are not protected by law.

What are the effects of the loss of the title deed?

1. Houses cannot be bought or sold.

The real estate certificate is an important legal document issued when the property is bought and sold, exchanged, leased and mortgaged. Houses that do not have a title deed cannot be bought and sold. The first step in any real estate transaction is to verify the authenticity and validity of the title deed, which is the basic legal document for all purchase and sale transactions.

2. The house cannot be mortgaged.

Some people may use their house as collateral to borrow money from banks or other credit companies. The condition of using a house as a mortgage is to own the house. Without a title deed, a bank or credit company won't lend you money easily.

3. It cannot be inherited or transferred.

When a house is donated or inherited, it must be notarized. To go through the notarization procedures, you must show the house book and other materials, and the relevant departments will approve it, otherwise the clerk will not agree. The failure to handle notarization procedures such as gift and inheritance will affect the future rights and interests of the house.

4. Legitimate rights and interests are not guaranteed.

When there is a dispute between the property rights of a house and others, the title deed is an important proof of equity. As long as your name is written in the room, your rights and interests can be guaranteed as much as possible.

5. It is difficult to rent a house.

If the rental house does not have a real estate certificate, there is a dispute between the two parties, and the legitimate rights and interests of the lessor cannot be protected. The final closing standard for a real estate transaction is the transfer of ownership of the property, but it cannot be processed without a title deed. So, there is no real estate card to deal with.

The above is about how to reissue the lost real estate certificate.