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If the rural house does not have a property ownership certificate, it should be handled in a timely manner. According to the provisions of the "Housing Registration Measures", the following materials shall be submitted when applying for the initial registration of house ownership due to the legal construction of a house:
1. Application for registration.
2. Proof of identity of the applicant.
3. Proof of the right to use the homestead or the right to use the collectively owned construction land.
4. Proof that the registered house conforms to the urban and rural planning.
5. Housing surveying and mapping report or village floor plan.
6. Other necessary materials.
Where an application is made for the initial registration of a villager's housing ownership, a certificate that the applicant is a member of the rural collective economic organization where the house is located shall also be submitted.
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Legal analysisAccording to the relevant laws and regulations on self-built houses with real estate certificates but no land certificates, if the application for initial registration of house ownership due to legal construction of houses is made, the following materials shall be submitted: 1. The original house purchase and sale contract and the original supplementary contract. 2. The original uniform invoice for the sale of commercial housing.
3. The original field surveying and mapping questionnaire and stratified household plan of the house. (If the housing surveying and mapping report is in the old format, it is also necessary to issue a completion acceptance form and fill in the Lishui real estate registration application, and the new format only needs to provide the original field surveying and mapping questionnaire of the house and the floor plan of the strata subdivision.) 4. Tax payment certificate (deed tax payment certificate) 5. Married buyers:
A copy of the ID card of both parties (in principle, the original must be verified) A copy of the marriage certificate (with the original verification) If either party cannot be present to handle the application, the private seal of both parties must be provided, and if a third party is entrusted, the private seal of both husband and wife must be provided at the same time. 6. Single buyers (must be present in person, not on behalf of others): Copy of ID card (with original verification) Copy of household registration book or household registration certificate (with original verification) Single declaration affidavit Buyers should go to the Civil Affairs Bureau to handle it locally.
Legal basisCivil Code of the People's Republic of China Article 362 The owner of the right to use the homestead land shall have the right to occupy and use the land owned by the collective in accordance with the law, and shall have the right to use the land to build residential buildings and ancillary facilities in accordance with the law. Article 10 of the Constitution of the People's Republic of China The land of cities shall be owned by the State. Land in rural areas and on the outskirts of cities is collectively owned, except as provided for by law and belonging to the State; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned.
The State may, in accordance with the provisions of law, expropriate or expropriate land and provide compensation for the needs of the public interest. No organization or individual may occupy, buy, sell, or otherwise illegally transfer land. The right to use land may be transferred in accordance with the provisions of the law.
All organizations and individuals using land must make rational use of land.
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Hello, how to deal with building a house without any formalities, you need to decide according to the actual situation: 1. If it is a house built without any approval procedures, it is an illegal building, although the ** department will not force the demolition, but you can apply to the court for demolition. This kind of aspect will not receive any compensation when facing demolition.
2. For self-built houses without formalities, if the historical use of land is ascertained, if it conforms to the land planning and utilization, the land use procedures can be handled in accordance with the law and the corresponding certificate can be issued. Those who have these circumstances can apply for re-approval procedures for building houses: if they occupy the village homestead to build a house and also meet the conditions for building a house, the village committee will give them the re-application procedures; For poor households in the village collective who have no house and no money, as long as the area is legal, they can also be given supplementary approval procedures.
However, there are no clear provisions in China's current law on whether the legally approved homestead renovation can go through the land use procedures again, but as long as it does not violate the principle of one household and one house and conforms to the overall land use plan and the relevant provisions of the house, there is no need to go through the approval procedures again. However, if it is an expansion, it still needs to be approved by the higher authorities.
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Summary. For self-built houses in rural areas, they are the same as houses in cities, and self-built houses in rural areas also need to apply for real estate certificates. Because according to the relevant provisions of China's "Property Law", only after the relevant registration and the real estate certificate can you prove that you are the real owner of the house, so the self-built houses in rural areas must also apply for the real estate certificate.
For the self-built houses in the countryside, they are the same as the houses in the city, and the self-built houses in the countryside also need to apply for the real estate certificate. Because according to the relevant provisions of China's "Property Law", only after the relevant registration and the real estate certificate can you prove that you are the real owner of the house, so the self-built houses in rural areas must also apply for the real estate certificate.
The money was paid, but I didn't get a certificate.
Find a lawyer to sue.
Start there.
Go directly to a lawyer, and discuss with the lawyer what exactly you want to do.
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The first situation is that the title deed is in someone else's name and has not been transferred to you, in this case the compensation is paid directly to the property owner recorded in the ownership of the house, of course, you can also claim compensation from the seller, if the two parties cannot coordinate, you can file a lawsuit with the court. The second situation is that the house has not been obtained, the corresponding planning and construction procedures, can not handle the real estate certificate, at this time in the process of demolition is unable to obtain the demolition subsidy, if it can not be identified as an illegal building, and there is no property right certificate, it is generally possible to obtain appropriate compensation, but the amount is much less than the compensation of legal property rights, generally with reference to the construction cost for compensation, and the legal property rights of the house demolition compensation is based on the positioning of the demolished house, construction area, use and other factors to calculate the amount of compensation. Using the real estate market price estimation**, it is determined that there is little difference between the commercial houses in the same location**.
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 application materials:
1) Application for registration;
2) Identification materials and power of attorney of the applicant and ** person;
4) Materials such as the site, spatial boundaries, and area of immovable property;
5) Explanatory materials on the interests of others;
6) Other materials provided for by laws, administrative wheeling regulations, and detailed rules for the implementation of these Regulations.
Article 211 of the Civil Code.
When a party applies for registration, it shall, according to different registration items, prepare Tongyan to provide necessary materials such as proof of ownership and the boundary address and area of the immovable property.
Generally speaking, only those who have deposited the housing provident fund can apply for a housing provident fund loan, even if it is a rural household registration, as long as their unit pays the housing provident fund, then they can apply for a housing provident fund loan. The conditions for applying for a housing provident fund loan are: 1. The borrower must have a permanent urban residence or valid residence status in the city; 2. Push forward from the date of application, and pay the housing provident fund in full for more than 12 consecutive months (only one person is allowed to take out a loan if both husband and wife have paid the provident fund); 3. There are contracts (agreements) and related materials for purchasing, building and overhauling self-occupied houses in accordance with the law; 4. Have a certain proportion of self-raised funds. >>>More
All localities have a set of standards for the homesteads used in rural homesteads that are in line with the actual local people's conditions, and in accordance with the standards, the homesteads for rural housing applications are examined and approved. The standard area of each household base is 80-120 square meters, and each village committee shall determine the standard of homestead area of the village according to the village plan and the actual land use of the village. Generally speaking, the total land area of a 1-2 person farmer household shall not exceed 95 square meters; The total land area of a rural household with 3 or more persons shall not exceed 125 square meters; The total land area of the original site shall not exceed 140 square meters, of which the building area shall be determined according to the planning of the specific plot and related technologies, and the specific standards announced by the local ** department shall prevail. >>>More
It is decided on a case-by-case basis. If the rural house is built in the middle of a house and the height is not prominent, there is no need to set up a separate direct lightning strike facility, and only need to install a lightning arrester or surge protector at the power inlet of the house to avoid lightning and high voltage along the power line into the house equipment. >>>More
The first case: if the area exceeds the approval and the review is not passed, the review will not be passed. Therefore, it is good to modify the area of the homestead and review it again. >>>More
Looking for Jiuqi Architectural Design Company, the design and construction are all inclusive, the professional team, the quality is also guaranteed, and the first is also reasonable. Just prepare the homestead, and leave the rest to Kusu Architects.