What should I do if the area of the real estate certificate is inconsistent with the actual area?

The problem of rights protection mentioned by the landlord does not exist at present.

Title Deed. Or the real estate registration certificate.

It is a document of proof of ownership of the house issued by **. However, this ownership is only useful when the ownership of the house or real estate is about to be transferred, and it has no special significance for the head of the household who normally lives, especially the rural homestead.

Self-built houses. Of course, if the landlord is now facing the problem of demolition, and the registration of the real estate certificate does not match the actual area of the house, it will generally not affect the compensation for demolition. Because the compensation for demolition is based on the actual area of the house measured at that time from the date of issuance of the demolition decision, as long as it is not a temporary rush construction, it will be compensated according to the policy.

So, the problem that the landlord is experiencing now is not too big a problem. You can put forward your own opinions to the village committee, or submit an application for correction of registration to the township ** land management agency, which will generally be corrected.

Hello, the area of the real estate certificate of the rural self-built house is inconsistent with the actual area, and the real estate certificate shall prevail. The actual excess area is an illegal building and should be demolished unconditionally. So, if you want to defend the so-called individual rights, you can only shoot yourself in the foot.

There is only a matching number of houses, and the problem of inconsistent areas is not too big. If you want to be consistent with real estate to find them to change. There must be a reason, and it will definitely be changed for you.

The discrepancy between the area of the real estate certificate and the actual area is handled as follows:1Once it is found that the scope of property rights is different from the actual one, it can be handled directly in accordance with the contract, and generally less than 3% can be settled according to the contract.

2.When the actual area is greater than the contract and the error is less than 3%, the owner can pay the purchase price, but if the actual area is less than the contract, the house price can be refunded directly according to the actual area, and more than 3% can be asked to check out or refund.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 60 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

It is normal that the property area on the title deed is not the same as the actual area, because the floor area of the house is larger than the usable area. Regardless of the use, the area is based on the area on the title deed.

Generally, the property area on the real estate certificate is the construction area, and the actual area is not so much. On the other hand, the donated area does not belong to the building will not be written, and the general real estate certificate can only change the relevant information of the property owner, and other information is generally not changed.

The real estate certificate of the construction area will generally have the construction area of the suite and the shared area, and the sum of the two is the so-called construction area.

The area of housing includes the floor area and makes.

With area, shared area. The area in the suite is the actual area used, which is generally less than the construction area (the area marked in the real estate certificate), and the property right real estate certificate of 76 square meters is the construction area, and the area in the suite can reach 110 square meters, this situation is impossible, so that the developer of the house has become a philanthropist, and the money is pasted inside. There is only one possibility that you say this situation, that is, you buy this house is a house with a height of more than five meters, and you buy it back and pour cement and add a layer to it to become a duplex property, so it is possible to buy a nominal 76 square meters, but the house is 110 square meters.

I am also encountering such a problem now, the real estate certificate on the actual area does not match, but the purchase still has to be more square.

If the area of the real estate certificate does not match the actual area, you can apply for correction and registration.

According to Article 79 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable Property:

If the right holder or interested party believes that there is an error in the matters recorded in the immovable property register, he or she may apply for correction of the registration. Where an interested party applies for correction of registration, it shall submit the relevant materials, materials confirming the errors recorded in the immovable property register, and other necessary materials.

If the immovable property ownership certificate or immovable property registration certificate is filled in incorrectly, and the immovable property registration authority needs to correct the contents of the immovable property ownership certificate or immovable property registration certificate in the course of handling the correction registration, it shall notify the right holder in writing to reissue the certificate of immovable property ownership or the immovable property registration certificate, and record the matters concerning the replacement of the immovable property ownership certificate or the immovable property registration certificate in the registration book.

If the record in the immovable property register is correct, the immovable property registration authority shall not correct it and notify the applicant in writing.

Legal analysis]: The area of the real estate certificate is different from the actual area, and the compensation shall be applied for directly in accordance with the contract. If the area of the real estate certificate does not match the actual area and does not exceed 3%, the compensation shall be determined according to the actual purchase price; If it exceeds 3%, the buyer has the right to terminate the purchase contract, and the seller will return the purchase price and the interest accrued.

If the buyer continues to perform the contract and make a purchase, it may request the seller to compensate according to the agreed proportion, and the seller shall be fully responsible for the amount paid or return double the amount.

Legal basisArticle 20 of the Administrative Measures for the Sales of Commodity Housing shall be valued according to the construction area or construction area of the suite, and the parties shall specify in the contract the handling of the error between the area agreed in the contract and the area registered in the property right. If the contract does not stipulate, the following principles shall be followed:

1) If the absolute value of the area error ratio is within 3% (including 3%), the house price shall be settled according to the facts; (2) If the area error exceeds 3% of the absolute value, the buyer has the right to move out. If the buyer moves out, the real estate development enterprise shall, within 30 days from the date on which the buyer proposes to move out, refund the price paid by the buyer to the buyer, and pay the interest on the price paid. If the buyer does not move out, if the registered area of the property right is greater than the area agreed in the contract, the buyer shall make up the price of the part of the house price within 3% (including 3%) of the area error ratio; The real estate development enterprise shall bear the part of the house price exceeding 3%, and the property right shall belong to the buyer.

When the registered area of the property right is less than the area agreed in the contract, the real estate development enterprise shall return the house price to the buyer if the absolute value of the area error ratio is within 3% (including 3%); The part of the house price exceeding 3% of the absolute value shall be returned to the buyer by the real estate development enterprise in double. Area error ratio (property right registration area - contract area) 100% of the area agreed in the contract is due to the difference in area caused by the change in planning and design specified in Article 24 of these measures, and the parties do not terminate the contract, they shall sign a supplementary agreement.

1. In accordance with the contract for the sale and purchase of commercial housing.

2. Look at the proportion of its area agreed in the contract. Less than 3%, settled according to the contract**. If it is less, the overcharged amount should be refunded.

3. If the actual area is more than the area agreed in the contract, and the error is within 3%, the excess part shall be calculated according to the actual increase in area, and the owner shall pay the purchase price.

4. If the error is more than 3%, the owner will only add 3% of the house payment, and the part above 3% will be paid by the developer.

5. If the actual area is less than the area agreed in the contract, and the error is within 3%, the selling unit will be refunded according to the actual reduced area.

6. If the error exceeds 3%, the owner has the right to request to check out or refund according to the actual reduced area.

My purchase area is more than 3% of the actual area, can I apply to move out?