Is it impossible to transfer the ownership of illegally built real estate?

Illegal construction of real estate cannot be transferred without obtaining legal status.

First, the house itself has a real estate certificate, but due to additions, expansions, reconstructions, etc., the actual area does not match the area registered with the Housing Authority, and the ownership cannot be transferred.

Second, if there is no real estate certificate, it is needless to say that the housing authority has not registered and filed, and it must not be transferred.

Legal analysis: Illegal buildings cannot be transferred in the first place, and generally the part of the illegal building must be cleaned up before the transfer can be made. The original owner can be required to demolish the illegal building and restore it to its original state.

Real estate transfer refers to the acquisition of real estate through transfer, sale, gift, inheritance and other means, and go to the housing ownership registration center to go through the procedures for changing the property rights, that is, the whole process of transferring property rights from Party A to Party B. There are several different situations of real estate transfer, such as inherited real estate transfer, gift real estate transfer, second-hand housing transfer, etc.

Legal basis: Article 64 of the Urban Planning Law of the People's Republic of China If the construction project planning permit is not obtained or the construction is not carried out in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently.

Legal analysis: If the commercial housing is illegally built, the property right certificate cannot be processed. Even if a fine is paid for an illegal house, it is not possible to apply for a real estate certificate.

Buildings built privately without the approval of the planning department are illegal buildings, and the illegal buildings are not approved by the planning department, and at the same time violate the overall planning of the city.

Legal basis: Article 136 of the Urban and Rural Planning Law of the People's Republic of China Illegal buildings mainly include:

1) Buildings built without applying or applying for approval, and without obtaining a planning permit for construction land and a planning permit for construction projects;

B) unauthorized alteration of the provisions of the construction project planning permit to build a building;

3) Buildings built without authorization that have changed the nature of use;

4) Buildings that have not been demolished to become permanent buildings after the construction of temporary buildings beyond the validity period.

Legal Analysis: No. Because the illegally constructed property cannot obtain the real estate certificate, and the transfer of ownership needs to bring the real estate certificate, the illegal construction of the property cannot be transferred.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 37 The transfer of real estate refers to the act of the owner of real estate rights transferring his real estate to others through sale, gift or other lawful means.

Article 38 The following real estate shall not be transferred: (1) the land use right obtained by way of transfer does not meet the conditions provided for in Article 39 of this Law, 2) the judicial and administrative organs have ruled or decided to seal up or otherwise restrict the real estate rights in accordance with the law, 3) the land use right has been recovered in accordance with the law, 4) the real estate is jointly owned, and 5) the ownership is disputed, 6) the ownership certificate has not been registered in accordance with the law, and 7) other circumstances where the transfer is prohibited by laws and administrative regulations.

1. Whether the property with illegal construction can be transferred

Properties with illegal construction generally cannot be transferred.

Article 7 of the Provisions on the Administration of Urban Real Estate Transfer.

The transfer of real estate shall be handled in accordance with the following procedures:

1) The parties to the real estate transfer sign a written transfer contract;

2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;

C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;

4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed;

5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;

6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.

Second, how to fine illegal construction

If the building can still take corrective measures in violation of regulations, it shall be corrected within a time limit, and a fine of not less than 5% but not more than 10% of the construction cost shall be imposed, and if corrective measures cannot be taken to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently.

Article 64 of the Urban and Rural Planning Law of the People's Republic of China has not obtained a construction project planning permit or has not been constructed in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped; Corrective measures can still be taken to eliminate the impact on the implementation of the plan, corrected within a time limit, and fined between 5% and 10% of the construction project cost; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently.

In China's law, it is stipulated that there is a real estate with illegal construction, generally can not be transferred, if the illegal building can still take corrective measures, corrected within a time limit, a fine of more than 5% to 10% of the construction project cost, the specific provisions are as above.