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What are the five certificates?
The five real estate certificates refer to the "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit" (Construction Project Commencement Certificate), and "Commercial Housing Sales (Pre-sale) License".
1.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.
2.The "Construction Project Planning Permit" is a legal certificate for the construction project to meet the requirements of urban planning, a legal certificate for the construction project of the construction unit, and a legal basis for accepting supervision and inspection in construction activities.
3.The Construction Permit for Construction Projects (Construction Project Commencement Certificate) is an approval document 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.
4."Construction Land Planning Permit" is a legal certificate for the construction unit to apply to the land management department for expropriation and allocation of land, and the legal certificate for the construction unit to confirm the location and scope of the construction project Lao Mo Zhengmu in accordance with the urban planning before applying to the land management department for expropriation and allocation, and is the legal certificate for the land use of the construction unit.
5."Commodity Housing Sales (Pre-sale) License" is an approval document for the municipal and county people's real estate administrative departments to allow real estate development enterprises to sell commercial housing.
What are the two books?
The two books of real estate refer to the "Residential Quality Assurance Certificate" and the "Residential Instruction Manual".
1. The "Residential Quality Guarantee" is a written document that the real estate developer will promise to the purchaser for the quality of the newly built house when it gives the buyer, which has legal effect, and the developer shall bear the responsibility for maintenance and repair in accordance with the housing quality standards agreed on the "Residential Quality Assurance Certificate".
2. "Residential Instruction Manual" refers to the text provided to the user by the residential ** unit when delivering the residence, informing the residential safety, reasonableness, convenience of use and related matters. The residential instruction manual shall indicate the floor plan, structure, ancillary equipment, supporting facilities, detailed structural drawings (indicating the location of the load-bearing structure), and the common parts of the residence that cannot be occupied, damaged, or relocated, the common equipment, as well as the provisions and prohibited acts for the use of the house.
The review of these documents allows us to rest assured that the primary standard of the home inspection, if these documents are not qualified, the buyer can directly refuse to accept the house.
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The five certificates and two books of real estate are important certificates for developers to legally sell commercial housing, and the purchase of a house must review the five certificates, two books and one table, so what are the five certificates and two books?
1. The five certificates mainly refer to the "State-owned Land Use Right Certificate", "Construction Project Planning Permit", "Construction Land Planning Permit", "Construction Project Commencement Permit" and "Pre-sale Permit". The second book refers to the "Residential Instruction Manual" and the "Residential Quality Assurance Certificate".
2. "State-owned Land Use Certificate": It is issued by the land management department of the county and municipal people's **, which shows that the developer has the most basic foundation for the development of commercial housing: legally owns the state-owned land use right for the development and construction of commercial housing;
3. "Planning Permit for Construction of Rock Worm Land": issued by the county and municipal urban planning departments, it is a legal certificate for the developer to obtain the right to use state-owned land by applying to the land management department for requisition, allocation of land, etc., and the legal certificate for the developer to close the land. The land-using unit without this certificate is illegal to use land, and the sale of houses by real estate developers is also illegal, and they cannot obtain real estate ownership certificates.
4. "Construction Project Planning Permit": a legal certificate issued by the county and municipal urban planning department to confirm that the relevant construction project meets the requirements of urban planning.
That's it for the introduction of the five certificates and two books.
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What are the "five certificates"?
The so-called five certificates, specifically:
1. State-owned Land Use Certificate;
2. Construction Land Planning Permit;
3. Construction Project Planning Permit;
4. Construction Permit for Construction Projects;
5. "Commercial Housing Pre-sale License".
Among them: the "State-owned Land Use Certificate" is a legal certificate that proves that the land user has paid the land use right transfer fee to the state and obtained a certain piece of state-owned land use right within a certain number of years; "Commodity Housing Pre-sale License" is the approval document of the municipal and county people's ** real estate administrative departments to allow real estate development enterprises to sell commercial housing. These two documents are issued by the Municipal Bureau of Land Resources and Housing.
"Construction land planning permit" is the construction unit in the land management department to apply for expropriation, allocation of land, by the urban planning administrative department to confirm that the location and scope of the construction project in line with the urban planning of the legal certificate; The "Construction Project Planning Permit" is a legal certificate that the construction project meets the requirements of urban planning; Both are issued by the Municipal Planning Commission. The other is the "Construction Permit for Construction Projects", which is issued by the Municipal Construction Committee.
How should the "Five Certificates" be treated with repentance?
In a word, the "five certificates" are indispensable, but for the actual situation, buyers should focus on two of these certificates, one is the "state-owned land use certificate", the other is the "commercial housing pre-sale license", as long as the developer's two documents are complete and legal, in principle, there is no problem with the house. It is best to ask the developer to show the original, and the pre-sale certificate must see the scope of the pre-sale to ensure that the house you buy is within the pre-sale range.
What are the consequences of incomplete "five certificates"?
1. The house ownership certificate cannot be handled, and the house lacking the five certificates cannot be filed in the housing authority, and the house that cannot apply for the real estate certificate is not yours to buy.
2. It is difficult to guarantee the quality of housing.
3. There is no way to get a loan from the bank, and the developer who lacks the five certificates is not fully qualified by the bank, so it is difficult for the bank to approve your loan application.
4. Developers are likely to lack credit and deceive consumers.
What do the "two books" refer to?
"Two Books" refers to the "Residential Quality Assurance Certificate" and the "Residential Instruction Manual" that the developer must present when the house is delivered. These two documents are necessary documents for developers to assume legal responsibility for the quality of the house, and they are also important documents to protect the rights and interests of home buyers.
For novice home buyers, familiarizing themselves with the important documents and certificates of the home buying process is an important act to protect their rights and interests.
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Five certificates: "State-owned land use certificate" is a legal certificate that proves that the land user has paid the land use right transfer fee to the state and obtained a certain piece of state-owned land use right within a certain number of years.
"Construction land planning permit" is the construction unit in the land management department to apply for requisition, allocation of land, by the urban planning administrative department to confirm that the location and scope of the construction project in line with the urban planning of the statutory certificate.
The "Construction Project Planning Permit" is a legal certificate that the construction project meets the requirements of urban planning;
Construction permit for construction projects.
Commodity Housing Sales (Pre-sale) License.
Two books: "Residential Quality Assurance Certificate" and "Residential Instruction Manual".
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The five certificates refer to the construction land planning permit, the construction project planning permit, the construction project commencement permit, the state-owned land use certificate, and the commercial housing pre-sale license, referred to as the "five certificates".
Buyers generally need to check the state-owned land certificate - and the pre-sale permit - can be. Because the above-mentioned five certificates are basically based on each other, developers who have obtained state-owned land certificates and pre-sale permits have generally obtained the above-mentioned five certificates. Houses that lack the five certificates are likely to be small property rights built on collective land, and the transaction is not protected by law.
The two books are two legal documents provided by the developer after notifying the buyer to move in when the completion and acceptance are qualified, one is the residential quality assurance certificate, and the second is the residential instruction manual.
The two books should be possessed when receiving the house, the residential instruction manual is mainly a description of the precautions for the use of the house, and the quality warranty is mainly an agreement on the warranty scope and warranty time of the house.
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The "Five Certificates" and "Two Books" are the supporting documents for the legal sale of the house. Buyers should ask the real estate developer and seller to present the "Five Certificates" and the "Two Books". The "Five Certificates" refer to:
State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Commencement Permit", "Commercial Housing Pre-sale Permit". The most important of the "five certificates" are the state-owned land use certificate and the commercial housing pre-sale license.
1. State-owned Land Use Certificate; The state-owned land use certificate is a legal certificate for units and individuals to use state-owned land. The "State-owned Land Use Certificate" directly filled in and issued by the Beijing Municipal Bureau of Housing and Land Administration, according to the different ways of use of the state-owned land, shall be stamped with the "Special Seal for the Land Use Certificate Allocated by the Beijing Municipal Housing and Land Administration", "Special Seal for the Paid Land Use Certificate of the Beijing Municipal Housing and Land Administration", "Special Seal for the Temporary Land Use Certificate of the Beijing Municipal Housing and Land Administration".
2) Construction land planning permit and construction project planning permit. The construction land planning permit and the construction project planning permit are the legal documents for the land and construction projects of the construction unit, and the land use unit without these "two certificates" is an illegal land, and its engineering construction is also an illegal building, and the real estate ownership certificate cannot be obtained.
3) Construction project commencement certificate. The construction project commencement certificate is the legal certificate for the construction unit to carry out the construction of the project, and it is also one of the main bases for the registration of housing ownership. Construction projects without a construction permit are illegal buildings and are not protected by law.
4) Commercial housing pre-sale license. The competent authority for the pre-sale license of commercial housing is the Beijing Municipal Bureau of Housing and Land Administration, and the certificate is uniformly printed, registered and approved and issued by the Municipal Bureau of Housing and Land.
In addition, in the case of an existing home sale, the developer is not required to apply for a pre-sale permit as described in (4). However, according to Article 8 of the Administrative Measures for the Sales of Commodity Housing of the Ministry of Construction, real estate development enterprises shall submit the real estate development project manual and relevant supporting documents that meet the conditions for the sale of commercial housing to the competent department of real estate development for the record before the commercial housing is sold. Under normal circumstances, after the developer files the record, the real estate development department will issue the "Filing Receipt" or similar supporting documents to prove that the current sale of commercial housing is legal.
Therefore, when buying an existing house, the buyer should ask the developer to present the four documents mentioned in (1), (2) and (3) and the "Record Receipt of Commodity Housing for Sale".
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