Can a collective land use certificate be registered as a real estate?

Holding a collective land use certificate, that is, having the right to use the corresponding land (or the right to contract management), belongs to the scope of real estate registration, and can be registered for real estate use rights.

With legal basis: "Interim Regulations on the Registration of Immovable Property" (Order No. 656 of the People's Republic of China).

1) Collective land ownership;

2) Ownership of buildings and structures such as houses;

3) Ownership of forests and trees;

4) The right to contract and manage cultivated land, forest land, grassland, and other land;

5) the right to use construction land;

6) the right to use the homestead;

7) the right to use maritime space;

viii) easements;

9) Mortgage;

10) Other immovable property rights that need to be registered by law.

1) Collective land ownership;

2) Ownership of buildings and structures such as houses;

3) Ownership of forests and trees;

4) The right to contract and manage cultivated land, forest land, grassland, and other land;

5) the right to use construction land;

6) the right to use the homestead;

7) the right to use maritime space;

viii) easements;

9) Mortgage;

10) Other immovable property rights that need to be registered by law.

Legal Analysis: Yes. Rural collective land certificates can be applied for real estate certificates.

Legal basis: According to Article 82 of the "Housing Registration Measures", villagers' houses built with homestead land in accordance with the law and houses built with other collectively owned construction land in accordance with the law may apply for housing registration in accordance with the provisions of these Measures.

Generally, yes. Rural collective land certificates may apply for real estate certificates, and villagers' houses built with homestead land in accordance with the law and houses built with other collectively-owned construction land in accordance with the law may apply for housing registration in accordance with relevant laws and regulations.

Legal basis: Article 209 of the Civil Code of the People's Republic of China 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 82 of the Measures for Housing Registration Villagers' houses built with homestead land and houses built with other collectively owned construction land in accordance with law may apply for housing registration in accordance with the provisions of these Measures.

Legal analysis: Collective land can apply for real estate ownership certificates, but only for the villagers, if it is an outsider, it is not allowed to handle. The real estate certificate is the proof that the right holder enjoys the corresponding real estate rights, which records the ownership of collective land, the right to use state-owned construction land, the ownership of houses, the right to contract and manage land, the ownership of forests, etc.

If the holders of collective land include outsiders, it is not possible to apply for real estate ownership certificates.

Legal basis: Article 82 of the "Measures of the People's Republic of China for Housing Registration" The houses of villagers built by using homesteads in accordance with the law and the houses built by using other collectively owned construction land in accordance with the law may apply for housing registration in accordance with the provisions of these Measures.

Legal analysis: 1. Immovable property in China refers to the property that is immovable according to its natural nature or legal provisions or that will cause changes in nature and shape after moving, including buildings and structures, and the land use certificate is a legal document confirming the land use right. 2. Holding the Youyanyan collective land use certificate, that is, having the right to use the corresponding land (or the right to contract management), belongs to the scope of real estate registration, and can be registered for real estate use right.

Legal basis: Article 5 of the Interim Regulations on the Registration of Immovable Property shall be handled in accordance with the provisions of the Regulations of Shenyin: (1) ownership of collective land, 2) ownership of buildings and structures such as houses, 3) ownership of forests and trees, 4) right to contract and manage cultivated land, forest land, grassland and other land, 5) right to use construction land, 6) right to use homesteads; 7) the right to use maritime space; (8) Easements, 9) Mortgages, and 10) other immovable property rights that are required to be registered by law.

Collective land is not eligible for property ownership certificates. The analysis is as follows:

The right to approve the homestead in the rural area lies with the people at the county level, so only after the approval of the county level and the issuance of the homestead use right certificate, can the house property right certificate be obtained in accordance with the law. Although the residential houses in the rural areas use the rural collective land, the houses built on the homestead land approved only by the collective economic organization (village committee) are illegally occupied, and the house ownership certificate cannot be obtained, and the house built on the self-reserved land or contracted land cannot receive the house ownership certificate.

Relevant laws and regulations on rural house ownership certificates.

Chapter IV Registration of Houses within the Scope of Collective Land.

Article 82 Villagers' houses built using homestead land in accordance with law and houses built using other collectively owned construction land in accordance with law may apply for housing registration in accordance with the provisions of these Measures.

Where laws and regulations have other provisions on the registration of houses within the scope of collective land, those provisions shall prevail.

Legal analysis: Rural land disputes should first be handled by the people at the township level or at or above the county level. If they are not satisfied with the people's decision, they may file a lawsuit with the people's court within 30 days of receiving the notice of the decision.

Article 16 of the Land Management Law of the People's Republic of China stipulates that: "Disputes over land ownership and use rights shall be resolved by the parties through negotiation; If the negotiation fails, it will be handled by the people. Disputes between units shall be handled by the people at or above the county level; Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level.

Where parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision. Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use. ”

Legal basis: Article 16 of the Land Management Law of the People's Republic of China Disputes over land ownership and use rights shall be resolved through negotiation between the parties; If the negotiation fails, it will be handled by the people. Disputes between units shall be handled by the people at or above the county level; Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level.

Where the parties are not satisfied with the disposition of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision. Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land ownership and use.

Real estate without a land certificate can also apply for real estate registration, but it is necessary to complete the corresponding procedures according to different circumstances before you can handle and receive the real estate registration property certificate. There are two types of situations: the first is to reform the house, raise funds to build a house, and the affordable house has a real estate certificate and no state-owned land use certificate.

In this case, most of the enterprises and institutions in the staff to handle housing reform, fund-raising housing, affordable housing only handle the real estate certificate, not the state-owned land use certificate, in this case should promptly contact the housing reform housing, fund-raising housing, affordable housing occupied by the land unit, by the unit to provide relevant materials for the unified registration of real estate transfer. The second is that the commercial housing has a real estate certificate and no state-owned land use certificate. In most cases, the developer has applied for the real estate certificate for the owner, but has not applied for the land certificate, and the developer needs to bring the state-owned land use certificate and other materials to assist the owner to apply for real estate transfer registration at the real estate registration center.

Article 209 of the Civil Code The creation, alteration, transfer and extinction of real estate 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 self-owned 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 real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.