How to deal with land certificates for conditional construction land

There is a sequence of handling the construction land planning certificate and the land certificate, and the construction land planning certificate is handled first.

Construction land planning permit is the construction unit in the land management department to apply for requisition, allocation of land, by the urban and rural planning administrative departments to confirm that the location and scope of the construction project in line with the urban and rural planning of the legal certificate, is the construction unit land legal certificate. The land-using unit without this certificate is illegal to use land, and the sale of houses by real estate developers is also illegal, and they cannot obtain real estate ownership certificates.

Ensure that the use of land is in accordance with urban planning, and safeguard the legitimate rights and interests of construction units in using land in accordance with urban planning.

According to the relevant regulations, even if a real estate developer obtains the approval document for construction land, if it occupies the land without obtaining the "Construction Land Planning Permit", its construction land approval document is invalid.

The land certificate is the legal basis for the owner or user of the land to enjoy the ownership or use right of the land.

Procedures for handling land certificates:

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. The house is inherited together with the land use right, and the house license, the original land use certificate, the notarial certificate or the handwritten agreement of the user right holder and the street certificate must 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 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 handling the rural construction land permit is as follows: the head of the household submits the application for building land to the village and the community to sign, handles the village and town planning and site selection opinion, and after the review is passed, it is publicized and submitted to the township for review, and the township review is handed over to the county land and resources bureau to implement the land use approval and land supply procedures and issue the "construction land permit".

[Legal basis].

Article 44 of the Land Management Law of the People's Republic of China shall go through the approval procedures for the conversion of agricultural land into construction land for the construction of land occupied by construction. Article 47 Where the State expropriates land, after approval in accordance with legal procedures, it shall be announced and organized by the local people at or above the county level. The owner or user of the land to be expropriated shall, within the time limit specified in the announcement, go through the compensation registration with the proof of immovable property ownership.

The local people at or above the county level shall organize the relevant departments to calculate and implement the relevant expenses, ensure that the full amount is in place, and sign an agreement with the owner and user of the land to be expropriated on compensation and resettlement; If it is indeed difficult to reach an agreement on an individual case, it shall be truthfully explained when applying for land expropriation. After the completion of the relevant preliminary work, the local people at or above the county level can apply for land expropriation.

Legal analysis: 1. The project was approved by the Loss-making Car Reform Commission.

2. Planning conditions.

3. Survey and demarcation map.

Fourth, the land valuation report.

5. Write a land supply plan and submit it to the people of Jining District for approval.

6. After the approval of the people of Ning District, the leading group for bidding, auction and listing will study and set the reserve price before the listing bureau of the parcel.

7. Bidding, auction and listing.

1.The intranet announcement is 20 working days for registration and payment of deposit.

2.Delisting. 3.The intranet records the contract for the transfer of the right to use the state-owned construction within 10 working days.

8. Sign the transfer contract and pay the transfer fee.

9. The Planning Bureau shall handle the planning permit for construction land.

10. Pay relevant taxes and fees (deed tax, stamp duty, cultivated land occupation tax).

Ten. 1. Fill in the approval form.

Ten. Second, the main leaders of the management committee and the leaders in charge of the approval of the construction land shall be issued after signing and agreeing.

Ten. 3. Go to the real estate to apply for the real estate certificate.

Legal basis: Land Management Law of the People's Republic of China

Article 1 This Law is enacted in accordance with the Constitution in order to strengthen land management, maintain the socialist public ownership of land, protect and develop land resources, make rational use of land, effectively protect cultivated land, and promote sustainable social and economic development.

Article 2 The People's Republic of China implements the socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working masses.

Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state.

No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law.

The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.

The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.

Article 3 It is the basic national policy of our country to cherish and rationally use land and to effectively protect cultivated land. The people at all levels shall take measures to make comprehensive plans, strictly manage, protect and develop land resources, and stop illegal occupation of land.

Fourth State implementation of land use control system.