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Legal Analysis: Rural Departments Handling Real Estate Registration Certificates. 1. There is a township construction office in the township, which is responsible for the use of the homestead and the construction of the house, and after verification, it is signed and sealed.
2. The county-level planning department is responsible for the review. After the review, the certificate shall be issued by the competent department at the township level.
Legal basis: Civil Code of the People's Republic of China
Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
The ownership of natural resources that belong to the State in accordance with the law may not be registered.
Article 214 Where the creation, alteration, transfer or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.
Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer or extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.
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The rural real estate certificate shall be handled at the township construction office. In the registration of rural collective construction land and farmhouses, it is necessary to adhere to the principle of clarifying property rights, and it is necessary to ensure that property rights are clear and the situation is clear. There is a dispute over the ownership of the house or the right to use the land, which has not been resolved; Failure to provide complete and complete supporting documents and materials as scheduled; The ownerless house is disposed of in accordance with the procedures prescribed by law; The rights to land or housing are restricted by judicial or administrative organs in accordance with law, or in the form of seizure or other means; Where laws or regulations provide that registration shall be suspended, the registration is to be suspended.
Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property
Article 40. Those who have obtained the right to use the homestead in accordance with the law may separately apply for the registration of the right to use the homestead. Those who use homestead land to build housing and ancillary facilities in accordance with the law may apply for the right to use homestead land and the registration of house ownership. Article 41.
Those who apply for the first registration of the right to use the homestead and the ownership of the house shall submit the following materials according to different circumstances:
1) The applicant's ID card and household registration booklet;
B) real estate ownership certificate or the right to approve the approval of the people's ** documents and other ownership materials;
3) The relevant materials of the house in accordance with the planning or construction;
4) Title survey forms, parcel maps, house plans, and parcel boundary point coordinates and other materials related to real estate boundaries, areas, and other materials;
5) Other necessary materials.
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Regarding the problem of handling the rural real estate certificate in **, it is like this, the village real estate certificate is different from place to place, and the general process: 1, take your homestead certificate, and the village planning book (the one that the village plan has been surveyed and mapped before the house is built), and the house survey and mapping (after completion), go to the village committee to handle it on your behalf. 2. If you feel that the process is slow, you can go directly to the county housing management bureau.
Before going to the housing authority, pay the deed tax at the local taxation office. 3. Take the tax payment documents to the housing authority directly (different places, the waiting time is different).
Article 11 of the Land Management Law 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 the villagers' committees of the orange celery callers; If Yuankai is owned by a peasant collective belonging to two or more rural collective economic organizations in the village, it shall be operated and managed by the head of each rural collective economic group in the village or by the villagers' group; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.
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Legal Analysis: Rural Departments Handling Real Estate Registration Certificates.
1. There is a township slow decay construction office in the township, which is responsible for the use of the homestead and the construction of the house, and after verification, it is signed and sealed.
2. The county-level planning department is responsible for the review. After the review, the certificate shall be issued by the competent department at the township level.
Legal basis: Changsha Housing Registration Measures Article 3 Housing registration shall be handled by the housing registration agency of the city or county (city) where the house is located.
The Municipal Department of Real Estate Administration is responsible for guiding and supervising the housing registration work within the administrative area of the city.
Article 4 The term "housing register" in these measures refers to the specific book made and managed by the housing registration agency to record the natural condition of the house, the status of the housing rights and other matters that shall be registered in accordance with the law, and is the root cause of the ownership and content of the housing rights.
According to the provisions of the "Land Law", the right to approve the homestead in the countryside lies with the people at the county level, so only after the approval of the county ** and the issuance of the homestead use right certificate, can the house property right certificate be obtained in accordance with the law. Although the residential houses in the rural areas use the rural collective land, the houses built on the homestead land approved only by the collective economic organization (village committee) are illegally occupied, and the house ownership certificate cannot be obtained, and the house built on the self-reserved land or contracted land cannot receive the house ownership certificate.
There is no legal risk for yourself in the future, and there is that your property cannot be proved to be your own.
Rural houses generally refer to the houses built on the homestead, and the nature of the property is not commercial housing, but what we usually call small property rights houses, and the purchase of small property rights houses must meet the following conditions in order to be able to successfully trade: 1. The main qualifications of the buyers must be qualified. The homestead on which the rural house depends belongs to the members of the rural collective, so the purchaser must be a member of the villager collective. Urban residents are not eligible to purchase rural houses. >>>More
Policy basis. 1. Marriage Law of the People's Republic of China (amended by the National People's Congress on April 28, 2001). >>>More
The reason why rural areas should handle real estate certificates in a unified manner is that the state divides personal property clearly in order to better manage it in a unified manner. The main advantage of this for farmers is that the house you own is indeed recognized by the state.