What does the four certificates and one book refer to in real estate?

Usually, everyone often says five certificates and two books.

Buyers should require real estate developers and sellers to provide complete "five certificates" and "two books" when buying a house, which is the basic requirement of the law for sellers.

"Five certificates" refers to the state-owned land use certificate, construction land planning permit, construction project planning permit, construction project commencement certificate, and commercial housing sales (pre-sale) certificate. The most important of the "five certificates" are the land use certificate and the commercial housing sales (pre-sale) license, both of which indicate that the purchased house is a legal transaction.

"Two Books" refers to the "Residential Quality Assurance Certificate" and the "Residential Instruction Manual". The two books can be used as a supplementary agreement to the contract for the sale and purchase of commercial housing, and are legal documents for real estate development enterprises to assume responsibility for the quality of commercial housing.

Note: Buyers must look at the original when checking the five certificates, because the copy is easy to cheat!

"One certificate and three books" refers to: "Comprehensive Acceptance Certificate for the Completion of Real Estate Development and Construction Projects", "Residential Quality Assurance Certificate", "Residential Instruction Manual" and "Construction Engineering Quality Certificate".

State-owned land use certificate, construction land planning permit, construction project planning permit, construction and residential project construction permit, commercial housing sales license, residential instruction manual, residential quality assurance certificate, five certificates and two certificates.

Commencement permit, construction permit, land use certificate, commercial housing pre-sale permit and commercial housing sales contract.

The four certificates refer to the "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", and the book refers to the "Construction Project Site Selection Opinion".

The State-owned Land Use Certificate is a legal certificate that proves that land users (units or individuals) use state-owned land, which is protected by law. The objects are mainly housing reform and affordable housing in various planning areas.

The scope of urban land use registration and issuance includes urban housing reform, affordable housing, commercial housing and other urban land, which is the change of land registration after the transfer of house ownership and state-owned land use rights, and the object of issuance of certificates is individuals or enterprises with land use rights. Housing and land are an inseparable whole, and the legitimate rights and interests of the property owner can only be effectively protected if the certificate is issued and registered and the two rights subjects are consistent.

Handling of the "land use certificate" for housing reform and affordable housing: the housing households and the original land use unit shall jointly apply to the land and resources management department of the jurisdiction, and the land and resources management department will handle it in accordance with the law; If the original land-using unit no longer exists, the housing household may apply to the land and resources management department jointly with the higher-level competent department of the unit, or the unit that actually uses the land of the original hunger fighting unit; If the housing is managed by the neighborhood committee, the household can apply with the neighborhood committee to the land and resources management department.

Land Management Law of the People's Republic of China

Article 11 The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by the township (town) peasant collectives shall be operated and managed by the township (town) rural collective economic organizations. 14th land ownership and use rights disputes, by the parties to negotiate and settle; 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 person involved in the disorder is dissatisfied with the disposition decision of the relevant people, he 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.

The four real estate certificates specifically refer to the construction land planning permit, the state-owned land use certificate, the construction project planning permit and the construction project construction permit.

1. Planning permit for construction land. "Construction Land Planning Permit" is a legal certificate for the construction unit to apply to the land management department for requisition and allocation of land, and the location and scope of the construction project are confirmed by the urban planning administrative department to conform to the urban planning;

2. State-owned land use certificate. The "State-owned Land Use Certificate" is a certificate that proves that the land user has paid the land use right transfer fee to the state and obtained the use right of a certain piece of state-owned land within a certain number of years;

3. Construction project planning permit. The "Construction Project Planning Permit" is a legal certificate that the construction project meets the requirements of urban planning;

4. Construction permit for construction projects. The "Construction Permit for Construction Projects" is a construction permit for the construction unit to meet various construction conditions and allow the start of construction, a legal certificate for the construction unit to carry out the construction of the project, and one of the main bases for the registration of housing ownership.

According to the regulations, the project can only start after the "four certificates" are complete.

The consequences of incomplete documentation are:

1. The signed purchase contract is invalid;

2. The quality is not ***;

3. The nature of the land cannot be determined;

4. Unable to apply for loans;

5. Unable to apply for real estate certificate.

Legal basis] Article 22 of the Regulations on the Administration of Urban Real Estate Development and Operation, real estate development enterprises shall meet the following conditions for pre-sale of commercial housing:

1) All land use right transfer fees have been paid and land use right certificates have been obtained;

2) Holding construction project planning permits and construction permits;

3) According to the calculation of the pre-sold commercial housing provided, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined;

4) Have gone through the pre-sale registration and obtained the pre-sale license certificate of the commercial house.

To be exact, it is five certificates and two books.

Five certificates of suspicion: 1. State-owned land use certificate.

2. Planning permit for construction land.

3. Construction project planning permit.

4. Construction permit for construction projects.

5. The pre-sale license of commercial housing (these explanations are available upstairs) two books: 1. Residential quality assurance certificate (to ensure the basic facilities of the house such as walls, beams and columns, etc.) 2. Residential instruction manual (including engineering distribution map, pipeline discharge, line distribution, etc.) <>