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There is no fundamental difference between a real estate title certificate and a real estate certificate.
The cover of the new real estate registration certificate is very similar to the current title deed. The national emblem is printed on the red cover, and the words "Certificate of Real Estate Property Rights of the People's Republic of China" are printed below.
However, on the inside page of the new certificate, the content of the registration is more detailed, including: right holder, common situation, location, real estate unit number, right type, nature of right, use, area, term of use, etc., with a number of anti-counterfeiting marks, and marked with the words "supervised by the Ministry of Land and Resources of the People's Republic of China".
After the unified registration of real estate, the registration of land and houses will be unified, and the real estate registration certificate will record the property rights information of the house, including the information of the use right of the land. For example, the floor area of the house, the apportioned area of the land, etc. At present, there is basically no information about the land recorded in the real estate certificate.
At the beginning of the establishment of the unified registration of immovable property, the concept of "unchanged and not replaced" was clarified. This also means that whether it is in the process of integration or after the integration of institutions, for the property owner, as long as there is no change in property rights, the certificate can not be renewed. Even if the new certificate is widespread throughout the country in the future, people can still go through the procedures with the old real estate certificate.
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The title deed is the name used before last year, and the registration department is the property management bureau.
The real estate title certificate is the current name, which includes the real estate certificate and the land certificate. The registration department was transferred to the Bureau of Land Management.
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What is the difference between a real estate title deed and a real estate deed?
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On the real estate certificate, in addition to the original real estate certificate content such as the right holder, common situation, and location, the laser area, real estate unit number, and the term of use are also added;
The real estate unit number, with a unique **, is equivalent to the unique "ID number" of the real estate recorded in the certificate nationwide, and the real estate information can be locked through the real estate unit number;
The contents of the inner page of the real estate certificate only include the owner of the house, the co-ownership of the house, the location of the house, the time of registration, the nature of the house, the planned use, the condition of the house and the condition of the land.
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There is not much difference, the real estate title certificate will be more detailed. The registration is detailed, and there is no big difference.
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The 50 years on the real estate property right certificate is the land use right of the house is 50 years, and the land use right is divided into different service life according to the type of development at the time of transfer, the land use right for civil residential buildings is 70 years, the land for industrial buildings and comprehensive land is 50 years, and the land for commercial buildings is 40 years.
Article 4 of the Measures for Housing Registration stipulates that housing registration shall be handled by the housing registration agency where the house is located.
Article 13: For co-owned houses, the co-owners shall jointly apply for registration in Xuliangdong.
The registration of a change in ownership of a co-owned house may be applied for by the relevant co-owners, but if the application for housing registration is poor due to the change in the nature of the co-ownership or the share of the co-owners, the co-owners shall jointly apply for it.
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The main differences between a real estate title certificate and a real estate certificate are:
1. The name of the certificate is different from the old real estate certificate, and the full name is "Housing Ownership Certificate of the People's Republic of China". The full name of the new immovable and immovable property right certificate is the "Real Estate Property Certificate of the People's Republic of China".
2. The supervision agency is different from the old real estate certificate, and the supervision unit is the Ministry of Housing and Urban-Rural Development of the People's Republic of China, and before the institutional reform, it was the Ministry of Construction of the People's Republic of China. The new real estate property certificate is supervised by the Ministry of Land and Resources of the People's Republic of China.
3. The information on the inner page is different. The information on the inner page of the real estate certificate mainly records the two contents of the house and the land; The information on the inner page of the real estate property certificate is more comprehensive, in addition to the information of the right holder, common situation, type of right, use, area and other information, the real estate unit number is also added.
1. Does the absence of mortgage on the real estate certificate mean that there is no mortgage?
The real estate certificate does not have the word mortgage, which does not mean that the house is not mortgaged, and the real estate right is established, which will take effect when it is recorded in the real estate register. If the items recorded in the real estate certificate are inconsistent with the real estate register, the real estate register shall prevail, so whether the mortgage is mortgaged shall be subject to the real estate register.
Article 214 of the Civil Code of the People's Republic of China [Effective Time of Changes in Immovable Property Rights] Where the establishment, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.
Article 217 [Relationship between the Immovable Property Register and the Certificate of Ownership of Immovable Property] The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; If there are inconsistencies in the records, unless there is evidence to prove that there is an error in the real estate register, the real estate register shall prevail.
2. Whether the apartment has a real estate ownership certificate.
Some. It is a kind of real estate right certificate that is not allowed to be moved for the people of the People's Republic of China. Also known as "China Real Estate Ownership Certificate", the new "Real Estate Ownership Certificate" is slightly different from the current "Real Estate Certificate", in addition to the real estate ownership certificate of the People's Republic of China, the outer page of the "Real Estate Certificate" is written in the upper right corner of the real estate registration mortgage right, off-site registration, seizure registration and other registration types; The content of the inner page stipulates the right holder, the type of certificate, the certificate number, the common situation, the type of right holder, the reason for registration, the period of use, and the acquisition.
The term of use of the new version of the Certificate of Real Estate Property Rights refers to the term of land use rights and sea area use rights, rather than the term of house ownership.
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Real estate title deeds and title deeds do not mean the same thing, and the difference is:
1. The name is different. The difference between the real estate title certificate and the real estate certificate is that the name is different, and the full name of the real estate certificate is the real estate right certificate of the People's Republic of China; The full name of the real estate certificate is the real estate property certificate of the People's Republic of China.
2. The content is different. There is a big difference between the real estate certificate and the real estate certificate in terms of content code: the real estate certificate includes the owner of the house, the common situation, the location of the house, the registration time, the nature of the house, the planned use, the condition of the house and the land condition; Compared with the real estate certificate, the real estate property right certificate has added the laser area, the real estate unit number, the applicable period and so on.
3. The issuing authority is different. The issuing authority of the real estate title certificate and the real estate certificate is different, and the seal of the real estate certificate: the issuing machine is the city (county) real estate management bureau (real estate management bureau) or the city (county) people**.
Seal of real estate property certificate: The real estate registration agency shall be determined by the people at or above the county level in accordance with the law and shall be responsible for the department responsible for the registration of real estate, such as: "special seal for real estate registration of XX County Land and Resources Bureau".
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For real estate with 50 years of property rights, when the materials required for application are complete, you can apply for a real estate certificate. The applicant shall submit the following materials and be responsible for the authenticity of the application materials:
1) Application for registration;
2) Identification materials and power of attorney of the applicant and ** person;
4) Materials such as the boundary site, spatial boundaries, and area of immovable property.
1. Is there any impact on selling a house if the land use certificate is missing?
The land use certificate is gone, which has a certain impact on the sale of the house. In practice, many buyers require to see the real estate certificate and land use right certificate, and there is a certain obstacle when going through the procedures for housing transfer registration without the land use right certificate. According to the provisions of Paragraph 1 of Article 16 of the Provisional Regulations on the Registration of Immovable Property, the applicant shall submit the following materials and be responsible for the authenticity of the application materials:
1) Application for registration; 2) Identification materials and power of attorney of the applicant and ** person; (3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; 4) Materials such as the boundary site, spatial boundaries, and area of immovable property. (5) Explanatory materials on the interests of others; (6) Other materials provided for in the implementation rules of these Regulations.
2. Can a second-hand house without a land use certificate be transferred?
If the second-hand house does not have a land use certificate, it is generally impossible to transfer the ownership. According to the first paragraph of Article 16 of the Provisional Regulations on the Registration of Immovable Property, the applicant shall submit the following materials and be responsible for the authenticity of the application materials: (1) the application for registration; 2) Identification materials and power of attorney of the applicant and ** person; (3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; 4) Materials such as the boundary site, spatial boundaries, and area of immovable property. (5) Explanatory materials on the interests of others; (6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations.
3. What are the procedures for the transfer of donated real estate?
The donated property needs to be registered with the real estate registration department where the real estate is located. The materials to be submitted are: 1. Registration application; 2. Identification materials and power of attorney of the applicant and ** person; 3. Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; 4. Materials such as real estate boundaries, spatial boundaries, and areas; 5. Explanatory materials on the interests of others.
In some special circumstances, if there are special provisions in laws, administrative regulations, and detailed rules for the implementation of these Regulations, it is also necessary to submit corresponding materials.
Article 16 of the Interim Regulations on the Registration of Immovable Property The applicant shall submit the following materials and be responsible for the authenticity of the materials used to excavate and defend the materials:
1) Application for registration;
2) Identification materials and power of attorney of the applicant and ** person;
4) Materials such as the boundary site, spatial boundaries, and area of immovable property.
(5) Explanatory materials on the interests of others;
(6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations.
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1. The name of the cover was originally the People's Republic of China Liangyin and the Republic of China Real Estate Ownership Certificate, and now it is the People's Republic of China Real Estate Property Certificate.
2. The title page was originally the official seal of the local people, and now it is the official seal of the registration agency. "In the past, the local people were the main body, and the official seals of the local people were stamped, and the next real estate registration subject became the registration agency, and the local people were no longer responsible for the relevant matters, so the real estate property certificate was cancelled and the seal of the registration agency was directly stamped. The staff of Qingdao Real Estate Registration Center said.
3. Add *** real estate property certificate on the title page in the upper right corner of the title page to add a new ***, as a symbol of storing real estate registration information, citizens can scan *** to obtain real estate property certificate number, real estate unit number and other relevant information, to achieve real estate information rapid query.
4. The original real estate certificate mainly records the two contents of the house and the land, and the information package on the inner page includes the real estate right holder, the name of the identity certificate, the identity certificate number, the location of the house, the common situation, and the registration time; The floor area of the house, the floor area of the suite, the planned use, and the nature of the house; Land number, land use, acquisition method, service life, area of use right, area of common use right, etc. The information on the inside page of the real estate title certificate involving more real estate registration information includes the right holder, common ownership, location, real estate unit number, right type, nature of right, use, area, service life, and other status of the right. According to the analysis of the staff of the Qingdao Municipal Bureau of Land Resources and Housing, an important change in the real estate property certificate is the addition of the real estate unit number, which lays the foundation for the possible query of real estate registration information based on "parcel units" in the future.
5. The attached drawings are more comprehensive, and the original real estate ownership certificate mainly records the two contents of housing and land, and the real estate property certificate records the contents in addition to houses and land, including forest rights, sea areas and agricultural land that will be included in the next step. Therefore, in terms of drawings, the original real estate title certificate only has two drawings, the house and the land, while the real estate title certificate will gradually mark the parcel, the sea and the buildings and structures on it. In fact, if we buy a house in Sichuan, we don't need to apply for a land use certificate, nor do we need to apply for a real estate certificate.
Therefore, after signing the purchase contract and paying a series of taxes and fees in Sichuan, I went directly to the local housing management bureau in Sichuan to apply for the real estate certificate.
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The key to the combination of the real estate title certificate and the real estate certificate is that the real estate title certificate includes the real estate certificate, which may be the real estate certificate or the registration certificate of other real estate. Since the implementation of the "Interim Regulations on Real Estate Registration" in 2014, China has gradually stopped handling the "House Ownership Certificate", but uniformly handled the "Real Estate Property Certificate", that is to say, the real estate certificate issued by the housing registration authority is now called the real estate property certificate. The official names of the real estate certificates used to be "real estate ownership certificates" and "house ownership certificates", which were handled in accordance with the previous "Housing Registration Measures" or earlier laws and regulations, and the "Housing Registration Measures" have been officially repealed in 2019.
However, the "Real Estate Ownership Certificate" and "Housing Ownership Certificate" handled before are still legal certificates, which are legal proof that the owner enjoys the ownership of the house. The biggest difference between the real estate property right certificate and the previous real estate right certificate and house ownership certificate is that the real estate property right certificate contains the state-owned land use right, and the state-owned land use right certificate will not be issued separately. The original real estate certificate and house ownership certificate must be used together with the state-owned land use right certificate to prove the complete property rights of the house.
Article 8 of the Interim Regulations on the Registration of Immovable Property stipulates that immovable property shall be registered with the immovable property unit as the basic unit. Real estate units have a unique code. The immovable property registration agency shall, in accordance with the provisions of the competent department of land and resources, establish a unified immovable property register.
The immovable property register shall record the following matters: (1) The natural conditions of the immovable property, such as its location, boundary, spatial boundary, area, and use; (2) The subject, type, content, duration, change of rights, and other ownership status of immovable property rights; (3) Matters involving restrictions or reminders of real estate rights; (4) Other related matters. Article 5 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable PropertyThe immovable property unit provided for in Article 8 of the Regulations refers to the space with closed ownership boundaries and independent use value.
Where there are no buildings or structures such as houses, as well as fixed objects of forests and trees, the space enclosed by the land and sea ownership boundaries shall be the real estate unit. Where there are buildings or structures such as houses, as well as forests or forest fixtures, the space enclosed by the buildings or structures such as houses, as well as the forest and forest fixtures, and land and sea area ownership boundaries is the real estate unit. "Houses" as used in the preceding paragraph includes spaces that are independent and closed by ownership boundaries, as well as spaces that can be used independently and are closed by ownership boundaries, such as suites, floors, and rooms.
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