How to handle the land certificate of the housing reform house, and how to handle the land certifica

First of all, we must apply for the original unit to receive the general land use certificate, and the "state-owned land use certificate" of the cadres and workers participating in the housing reform shall be unified by the housing reform unit to the land bureau of the district where the land is located to apply for land sub-household registration with the housing sales agreement and the approval document of the housing reform office.

1. For the transfer of housing and the transfer of land use rights, the house sale agreement, house license, and original land use certificate must be submitted.

2. For the inheritance of the house together with the land use right, the house license, the original land use certificate, the notarial certificate or the handwritten agreement and street certificate of the user shall be submitted for the gift.

3. The land registration of new houses shall be submitted to the land and planning department for building approval.

4. If the land certificate is lost or damaged, the land right holder shall file with the original certificate issuing authority in a timely manner, apply for a new certificate, and make an announcement in the local newspaper. If there is no objection within 30 days from the date of announcement, the original issuing authority shall cancel the original land certificate and reissue a new certificate.

5. The division of sales, inheritance, and gift must be handled by both parties at the bureau.

6. In addition to submitting the above information, the entrusted agent must also provide a power of attorney signed and stamped by the client.

The process of applying for a land certificate.

1. For those who have applied for the real estate certificate, if the materials provided at the time of application are incomplete, the applicant can apply for the land certificate according to the relevant procedures after collecting all the materials; If the original land-using unit fails to apply for land registration, the land and resources department shall order it to apply for it within a time limit; If the original land-using unit no longer exists due to cancellation, dissolution or other reasons, the owners' committee or the owner's representative shall first review and accept the construction land on behalf of the original land-using unit, and if the acceptance is qualified, the registration of the entire land in the name of the original land-using unit may be handled first, and then the land division registration shall be handled with the real estate certificate.

2. If the original land-using unit is unable to apply for the land certificate due to the construction of the over-plot ratio or the land price and the relevant fees, it shall be dealt with in accordance with the following measures under the premise of planning permission: if the original land-using unit still exists or cancels the business license without liquidation procedures, the land price and relevant fees shall be recovered through judicial channels, and the land registration can be handled after the judicial procedure is initiated; If the main body of the original land-using unit does not exist after liquidation and cancellation of the business license, and the land price and related fees cannot be recovered, the municipal level shall be exempted from payment by each district, and after reporting to the city for approval, the land registration shall be handled with the approval opinion of the city.

3. If the land certificate cannot be handled due to the change of policy welfare housing such as resettlement housing and affordable housing into commercial housing, it shall be classified and processed: if it is developed by the subordinate headquarters or the state-owned housing development company, it shall be jointly identified by the competent department at the city and county level of the original development entity and the financial department at the same level, and after issuing a written commitment to land price settlement, the land use procedures can be supplemented and then the land registration shall be handled; Land plots developed by non-state-owned units can be handled by consulting the land and resources department.

4. If the land certificate cannot be handled due to the change of land use of the real estate development project due to the inconsistency (or partial inconsistency) between the use of the transfer contract and the actual use, the land certificate shall be handled with the real estate certificate for the part consistent with the original approved use; For the part of changing use, under the premise of planning permission, the land and resources department shall report to the ** to go through the procedures for changing the land use and pay the land transfer fee, and then go through the land registration.

5. If the original organs, enterprises and institutions use their original state-owned allocated land to build staff dormitories, sell them to the employees of their own units after housing reform, and have received the real estate certificate, they shall handle the land certificate according to the relevant approval documents of the city.

Sixth, has been handled the real estate certificate but due to the lack of land acquisition, land supply and other procedures, resulting in the land certificate can not be handled, and divided into three types of situations: land acquisition, land supply procedures are not in order, first make up for agricultural conversion, expropriation, land supply procedures, and then go through land registration; For reasons caused by the object of land for the actual development of the subject is not consistent, as a historical problem, can be supplemented with transfer procedures, and according to the standard of the transfer of the relevant taxes and fees, and then apply for the land certificate; If the land has not been approved for planning and construction, the original land-using unit or the owners' committee (owner's representative) shall be responsible for handling the planning and construction acceptance, and then apply for land registration, and the relevant departments shall be exempted from penalties and liquidated damages.

Applicants for housing reform without land certificates shall apply to the Institute of Land and Resources with the application, ID card, household registration book and land ownership certificate, and the Institute of Land and Resources shall send personnel to conduct on-site surveys, and the boundaries of the neighbors shall be completed and all kinds of information shall be reported to the Bureau of Land and Resources for registration and issuance.

[Legal basis].

Article 3 of the Regulations for the Implementation of the Land Management Law.

The State implements a system of registration and issuance of certificates for land in accordance with the law. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.

Article 210 of the Civil Code.

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 211.

When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.