What should I do if there is a land certificate and a real estate certificate for industrial land, b

Please, I have this situation too.

Allocation is a way to acquire state-owned land

According to the Land Management Law of the People's Republic of China, the following types of land can be obtained for allocation: state organs and military land; land for urban infrastructure and public welfare; Land for energy, transportation, water conservancy and other projects supported by the state

There are several ways to obtain land, such as leasing, shareholding, authorized operation, transfer, and transfer, and land transfer is the main form of real estate development, and both forms can handle the "State-owned Land Use Certificate", but there are some differences.

There is no specific service life for land acquired by way of allocation, and as long as the above-ground objects are not destroyed and the state does not expropriate them, the land use right exists. However, when the houses on the allocated land are transferred, they need to go to the land and resources management department to go through the transfer approval procedures and pay the land transfer fee. At present, such situations are all policy-based housing such as housing reform, fund-raising housing, and poverty-solving housing.

The houses on the transferred land have a specific service life, and the residential land will be automatically renewed after expiration, but whether and how to continue to pay fees after the expiration has not yet been finalized. If the state expropriates houses on such land, compensation will be made according to the remaining life of the land and the value of the lot at that time. When the land is expropriated by the state, there is no land compensation fee.

When the house on the land is transferred, the land certificate can be directly changed to the name, and only 0 5 yuan square meters of handling fee is required, and there is no need to pay the land transfer fee. In addition, when the house with the land certificate is allocated for the second transaction, if the mortgage is made as a personal mortgage, the guarantee is required, but the land certificate is not required. More exciting content**Haikou lawyer.

Legal analysis: having a state-owned land certificate but no real estate certificate is not an illegal building. Illegal buildings refer to buildings that are built without approval and without planning permits.

If you don't have a real estate certificate, you can go to the housing authority to handle it. It doesn't matter if you have a land use certificate, it means that the state recognizes the right to use the land, the land belongs to the state, and the property belongs to you, and the absence of a property ownership certificate just means that the property is not registered.

Legal basis: "Land Management Law of the People's Republic of China" Article 44 Where the construction occupies land, involving the conversion of agricultural land into construction land, the approval procedures for the conversion of agricultural land shall be handled.

If the permanent basic farmland is converted into construction land, it shall be approved by ***.

Within the scope of the construction land of cities, villages and market towns determined in the overall land use plan, if the agricultural land other than the permanent basic farmland is converted into construction land for the purpose of implementing the plan, it shall be approved by the organ that originally approved the overall land use plan or its authorized authority in batches according to the annual land use plan in accordance with the provisions of the first department. Within the scope of the approved conversion of agricultural land, the land for specific construction projects can be approved by the people of the city and county.

Outside the scope of the construction land of cities, villages and market towns determined in the overall land use plan, the agricultural land other than the permanent basic farmland shall be converted into construction land, which shall be approved by the people of the province, autonomous region and municipality directly under the Central Government.

Legal analysis: 1. If the industrial land requires the construction project to conform to the regional planning of the planning department, the residential buildings that are planned and built in the industrial park are defined as new types of small property rights houses, which are usually called enterprise property rights or enterprise public housing, and the property rights are enterprise ownership. 2. Compared with residential land, the land cost of industrial land is very low, and the company's internal employees buy more, and the rest is sold to people outside the company.

The service life of industrial land is 50 years, which is different from 70 years for residential land. 3. The construction of a large area of housing in the industrial park is a violation of the law, and after the completion of the house, the planning department will also accept the building, and once the construction behavior is found to be in violation of the plan, the land-using unit will face punishment. 4. The purchase of this kind of property is subject to policy risks, and the interests of these homeowners cannot be protected in the future to clean up such problems.

Legal basis: Article 348 of the Civil Code of the People's Republic of China Where the right to use construction land is established through bidding, auction, agreement, or other means of transfer, the parties shall conclude a contract for the transfer of the right to use construction land in writing. The contract for the transfer of the right to use construction land generally includes the following clauses:

1) The name and residence of the parties, (2) the land boundary site, area, etc., (3) the space occupied by buildings, structures and their ancillary facilities, (4) the land use and planning conditions, (5) the term of the right to use the construction land, (6) the transfer fee and other fees and the method of payment, (7) the method of dispute resolution.