How to transfer the allocated real estate, and can the allocated house be transferred?

Allocation of land and real estate transfer operation plan.

Plan 1: In accordance with the "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights" to obtain the land use rights by way of allocation, if it is really necessary to transfer, the transferor shall submit a written application, which shall be examined and approved by the people's ** land management department with the right to approve. The transferor shall submit an application to the land management department of the city or county where it is located, and after review, it shall be submitted to the people at the same level for approval; Then go to the land management department of the city or county where the land is located to go through the procedures for the transfer of land use rights, and pay the land use right transfer fee according to the regulations; Then, go to the housing management department and the land management department to go through the registration procedures for the transfer and change of house ownership and land use rights, and finally go through the registration of the change of housing ownership and the registration of the disposal of housing ownership.

Change the registration of the disposition of the ownership of the house.

Plan 2: Hold the land department at or above the county level to approve the transfer of documents, and related materials to the housing management department for registration, at present, the "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights" and other provisions on its administrative subject and law enforcement subject (approval subject) are clear, that is, the land at or above the county level has clear provisions on its administrative subject and law enforcement subject (approval subject), and the administrative subject and law enforcement subject management department, management department, However, there are no detailed laws and regulations stipulating that the housing registration department has a clear review responsibility for the disposal of real estate on the allocated land. Therefore, according to the instrument of approval of the transfer issued by it, it can be regarded as allowing it to be listed for trading.

The documents and materials that need to be submitted are:

1. Application for registration;

2. Applicant's identity certificate (enterprises and institutions submit business licenses, organization certificates, legal representative certificates, and legal representative ID cards).

3. Housing ownership certificate;

4. Materials proving the transfer of house ownership (sales contract, exchange contract, notarized gift contract, division agreement, merger agreement, shareholding agreement, division contract, legal documents effective by the people's court or arbitration commission or other materials proving the transfer of house ownership).

5. The land department approves the transfer document;

6. Other necessary materials.

Is the purchase contract valid if the land is allocated without approval? How do I transfer my ownership?

The house to which the land has been allocated may be transferred, but the transfer shall meet the conditions prescribed by law. If the house with the allocated land is approved for transfer by the people's first examination with the right to approve, and the land use right transfer fee is paid in accordance with the relevant provisions of the state, the transfer procedures can be handled.

What materials do you generally need to prepare when transferring ownership of a house?

The following materials are generally required to be prepared when the house is transferred:

1. Application for transfer;

2. The applicant's identity certificate is rolling;

3. Housing property right certificate;

4. Proof of real estate ownership, certificate of registration reason;

5. Explanatory materials on the interests of others.

Article 39 of the Law of the People's Republic of China on the Administration of Urban Real Estate.

Where the land use right is obtained by way of transfer, the following conditions shall be met when transferring the real estate:

A) in accordance with the transfer contract has paid all the land use right transfer fees, and obtained the land use right certificate;

2) If the investment and development is carried out in accordance with the transfer contract, it is a housing construction project, and more than 25% of the total development investment is completed, and if it belongs to a piece of development land, it will form industrial land or other construction land conditions.

If the house has been completed at the time of the transfer of real estate, the house ownership certificate shall also be held.

The real estate certificate of the allocated land can be transferred, but if the land is allocated for transaction and transfer, it is necessary to go to the land and resources management department to go through the transfer approval procedures and pay the land transfer fee. Allocation refers to the state-owned land use rights without a term of use that are obtained by land users with the approval of the people at or above the county level in accordance with the law, after paying compensation, resettlement and other fees, or obtained free of charge.

Legal basis] Article 56 of the Land Management Law, if a construction unit uses state-owned land, it shall use the land in accordance with the provisions of the paid use contract such as the transfer of land use rights or the provisions of the approval document for the allocation of land use rights; If it is really necessary to change the construction use of the land, it shall be approved by the competent department of natural resources of the relevant people, and reported to the people who originally approved the land for approval. Among them, the change of land use in the urban planning area, before submitting for approval, shall be subject to the consent of the relevant urban planning administrative departments.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

When handling real estate transactions, there will generally be a requirement for the nature of the land, and the land nature of the commercial housing circulating in the market is generally a transfer.

1. How to transfer the ownership of the house with allocated land.

1. After the materials are prepared, the applicant is generally required to submit a written application, and at the same time ensure that the content of the application does not violate the regulations and regulations.

2. Generally, the application needs to be submitted to the land management department at the city and county level, and it is generally handled by the transferor. After the relevant departments receive the application, an internal audit shall be conducted, and after the internal audit is completed, the relevant information shall be submitted to the local people** for approval. If the above two processes have been fully qualified, then the applicant, that is, the transferor, should go to the application department to go through the relevant land transfer procedures and pay the prescribed fee for the change of land transfer ownership, that is, the transfer fee.

3. Both the transferor and the transferee need to go to the relevant departments to jointly go through the change registration procedures and verify their identities. Generally, the sale and purchase of commercial housing can be handled by the housing management department, and the transfer of allocation can be handled by the housing management bureau and the land management department.

4. Finally, go to the housing property registration office to go through the relevant procedures.

2. Relevant legal knowledge.

1. The relevant trouser fraud registration certificate;

2. The current ownership certificate of the house that needs to be changed in ownership;

3. The applicant's ID card and other materials, if the applicant for the change of relevant property rights is an enterprise, it is necessary to submit the company's business license, organization ** and other supporting materials, and it is generally not allowed to do it;

4. Relevant supporting materials for the change of house ownership, such as the allocation of land for secret transactions, need to provide the house sale contract signed by both parties;

5. Written documents approved by the customs department (generally the land department) that allow the transfer;

6. As well as the written materials required by the relevant departments; There may be certain differences in different provinces and cities, and they should be submitted according to their specific requirements.

According to the above content, it can be concluded that the nature of the land of the house is allocation, and at this time, to handle the transfer of real estate, it is necessary to consider whether the real estate certificate can be handled.

The process of transferring the ownership of the allocated house

Legal analysis: The process of land certificate transfer is as follows:

1. After signing the land contract, the buyer should sign the land transfer contract with the original land certificate user, and then bring the original and copy of the ID card, real estate certificate (copy), original land certificate, contract, deed tax invoice and other materials to the surveying and mapping company under the land management department to apply for surveying and mapping;

2. After being accepted by the surveying and mapping company, the surveying and mapping company shall carry out on-site surveys with the above materials, calculate the data, issue a new surveying and mapping map, and pay the surveying and mapping fee;

3. The appraisal company shall bring the above materials to the appraisal company to apply for appraisal; After acceptance, the appraisal company will inspect the site, investigate the grade of the brownfield site assessed, the remaining service life, issue an assessment report, and pay the assessment fee;

4. The land management department accepts the application for transfer at the acceptance window of the land management department with the above materials: land transfer contract, ID card, real estate certificate (copy), original land certificate, deed tax invoice for house transfer, surveying and mapping, and evaluation report;

5. After paying taxes and fees, the land certificate will be obtained, and the staff of the land management department will approve after acceptance, and those who meet the requirements shall pay the relevant taxes and fees and issue a new land certificate; Because the deed tax has been paid at the time of the transfer of the house, the land will not be charged repeatedly, and only the cost of production will be paid. However, it should be noted that the land department will refuse to apply for the land certificate in the following four situations, and the buyer should also conduct more detailed investigation when buying a house. (1) The developer obtains the land use right by way of transfer, but the land transfer fee has not been paid; (2) If the developer obtains the land use certificate by way of allocation, it goes through the transfer procedures without the approval of the relevant departments; (3) building a house on collectively owned land; (4) The rights of the land use right obtained by the developer are restricted, such as mortgage, seizure by judicial authorities, etc.

Legal basis

Regulations on the Implementation of the Land Management Law of the People's Republic of China Sixth in accordance with the law to change the ownership and use of land, due to the transfer of above-ground buildings, structures and other attachments resulting in the transfer of land use rights, must be submitted to the land at or above the county level at or above the county level ** land administrative departments to apply for land change registration, by the original land registration authorities in accordance with the law for land ownership, change of use rights registration. The change of land ownership and use right shall take effect from the date on which the change registration rollover is opened. Change of land use in accordance with the law, must hold the approval documents, to the land at or above the county level of the people's ** land administrative departments to apply for land change registration, by the original land registration authorities in accordance with the law to change the registration.