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After the house is renovated, if the old house is not moved in place, and the external customs correction is changed, there is no need to change the real estate certificate.
, but the homestead of the countryside.
If the old house is pushed to the rebuilt house, it must be replaced with a new property ownership certificate, because the area of the house is different from the previous property ownership certificate, so the new property ownership certificate must be replaced.
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It depends. If it is an old house renovation, if the land, appearance and main structure remain unchanged, there is no need to reapply for the real estate certificate. However, if the original house is demolished and rebuilt on the original homestead, or the original house has undergone fundamental changes in shape and main structure, then the new house needs to be replaced with a new real estate certificate after it is built.
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After reading your question, there are two situations: 1. If the old house is renovated and the appearance remains the same, there is no need to reapply for the real estate certificate. 2. If the original house is demolished and rebuilt on the original homestead, the new house needs to be replaced with a new real estate certificate after it is built.
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Resettlement houses and resettlement houses that have been demolished and reconstructed must have their housing certificates replaced;
The renovation of the old community without changing the main body of the house does not require the renewal of the real estate certificate.
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Is it necessary to re-apply for the real estate certificate after the house is renovated?
Housing renovation needs to cancel the real estate certificate and re-apply for the real estate certificate, and there is no need to pay taxes.
After the dilapidated house is rebuilt, the property ownership certificate needs to be replaced.
1. After the demolition of the old house, the owner shall apply for cancellation of housing registration at the window of the Housing Management Bureau of the Municipal Affairs Center with his ID card and real estate certificate.
2. Before the construction of a new house, the homeowner shall obtain a planning permit for the construction project; After completion, the owner should apply for the initial registration of the house at the window of the Housing Management Bureau of the Municipal Affairs Center with the land certificate, construction project planning permit, housing quality certificate (more than 300 square meters), real estate surveying and mapping results report and his ID card.
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After the house is remodeled, the title deed is to be renewed.
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Legal Analysis: A house with a title deed can be rebuilt. However, it cannot exceed the scope of the original land use, if it exceeds the original land area, it is an act of not having the right to occupy the land, and if the relevant approval and permission is not obtained, it is an illegal building and may be forcibly demolished.
Judicial forced demolition means that if the expropriated person does not apply for administrative reconsideration or does not file an administrative lawsuit within the statutory time limit, and does not perform the compensation decision, the people at the city and county level who made the decision to expropriate the house shall apply to the people's court for compulsory enforcement in accordance with the law.
Legal basis: Article 28 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not relocate within the time limit specified in the compensation decision, the people at the city and county level who made the decision on housing expropriation shall apply to the people's court for compulsory enforcement in accordance with the law. The application for compulsory enforcement shall be accompanied by materials such as the amount of compensation and the location and area of the special account storage, property right exchange housing and swing housing.
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Legal Analysis: Yes. Title Deed Renewal:
Procedures: 1. Application. 2. Acceptance.
3. Review. 4. Payment. 5. Renewal of identity card.
Application materials: 1. Application form for housing ownership inspection (replacement). 2. Housing ownership certificate (if mortgaged, other housing warrants need to be submitted at the same time).
3. Drawings of the house ownership certificate (provided by a qualified real estate surveying and mapping agency). 4. Proof of marital status. 5. The identity documents of the property owner and his or her spouse (check the original and receive a copy).
6. Other relevant supporting documents deemed necessary by the registration authority. Processing time: 7 days Charging standard:
Cost of production: 30 yuan.
Legal basis: Article 502 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China: Where a people's court needs to go through formalities for the transfer of property rights certificates and licenses such as real estate certificates, land certificates, forest right certificates, patent certificates, trademark certificates, and vehicle and vessel licenses in the course of enforcement, it may be handled in accordance with article 251 of the Civil Procedure Law.
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Summary. If the original old house is rebuilt into a new house, if there is no approval and consent to renovate, the old real estate certificate can only be used, and the old real estate certificate is not valid. If you do not have the procedures for reporting the year-to-year ratio due to the penalty, you cannot apply for a new real estate certificate, and you can only use the original real estate certificate.
However, in this case, if there is a discount, there is only a discount according to the original old house, and it cannot be discounted according to the new house that has been rebuilt. If it is approved for reconstruction, the real estate certificate of the new house can be re-processed, and the old property will be invalidated. Because the structure of the old house and the new house are different, and the calculation of the service life (depreciation) is also different.
If the original old house is rebuilt into a new house, is the old title deed still valid?
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If the original old house is rebuilt into a new house, if there is no approval and consent to renovate, the old real estate certificate can only be used, and the old real estate certificate is not valid. If you do not have the procedures for reporting the year-to-year ratio due to the penalty, you cannot apply for a new real estate certificate, and you can only use the original real estate certificate. However, in this case, if there is a discount, there is only a discount according to the original old house, and it cannot be discounted according to the new house that has been rebuilt.
If it is approved for reconstruction, the real estate certificate of the new house can be re-processed, and the old property will be invalidated. Because the structure of the old house and the new house are different, and the calculation of the service life (depreciation) is also different.
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Legal analysis: 1. Registration and receipt: The first procedure for the registration of property rights is the receipt of registration.
The receipt of the registration indicates the acceptance by the competent authority of the application of the owner of the property to assert the rights. Therefore, the property owner must fill in the corresponding application form and submit the relevant certificates and certificates for inspection; Where the requirements for registration are met upon review, they are to be received. That is, the accepted application shall be deposited with relevant certificates and certificates that require further examination.
2. Survey and drawing: It is to carry out on-the-spot survey of the real estate that has applied for property right registration, check the current situation of the premises, measure the calculated area, verify the ownership of the wall, draw the floor plan of the mound, and supplement or repair the floor plan of the house sub-sheet, which provides a basis for the comprehensive examination of property rights and the issuance of drawing certificates. 3. Property rights review:
After careful and meticulous on-site investigation and measurement and drawing, and all the factual information of the house is mastered, it can be transferred to the examination of property rights. The examination of property rights is based on the historical data of the property rights archives and the actual data of the field investigation and survey, based on the current policies, laws and relevant laws and regulations of the state, and compared with the application submitted by the applicant, the wall boundary table, the certificate and certificate of property rights, and carefully examines whether the property rights of the houses for registration are clear from house to house, building by building, and whether the transfer of property rights and the changes of the houses are legal. It should be noted that the property right examination here is a comprehensive and more detailed property rights review, which is the property right examination after the survey and drawing of the registration receipt.
4. Drawing warrants: After the real estate applied by the applicant is confirmed to be issued with a property right certificate, it should be transferred to the stage of making warrants in a timely manner. The main work at this stage is to draw the title documents that should be issued.
5. Fee issuance: It is a post-procedure for the registration and issuance of property rights, which requires the registration fee receivable to be collected and deposited into the treasury, and the warrant that should be issued is issued to the right holder. Before issuing the title certificate, it is necessary to comprehensively check whether the warrant to be issued is not faulty and whether the deed tax has been paid.
Legal basis: Civil Code of the People's Republic of China
Article 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.
Article 217 The certificate of ownership of immovable property is 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; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.
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1. Apply and accept the owner of the household who wants to change the real estate certificate to the real estate certificate, and the property owner needs to initiate the application, prepare the information according to the requirements of the local real estate trading center, and then go to the window to collect and fill in the ** for the replacement certificate, after the administrative staff of the window accepts, you can go back and wait for the review news. 2. Review and issue the certificate After the real estate transaction center accepts the chaos, it will be reviewed step by step according to the materials provided by the applicant, and then notify the applicant to bring the land use certificate and the house ownership certificate to go through the renewal procedures.
Article 15 of the Interim Regulations on the Registration of Immovable Property.
The parties concerned or their ** persons shall apply for real estate registration at the office of the real estate registration institution. The applicant may withdraw the application for registration before the immovable property registration authority records the application for registration in the immovable property register.
Article 20. The immovable property registration authority shall complete the immovable property registration formalities within 30 working days from the date of accepting the application for registration, except as otherwise provided by law.
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According to the Law of the People's Republic of China on the Management of Urban Real Estate, "if a house renovated from an old village is renovated and built on collective land, it cannot apply for a real estate certificate." This is because the land owned by peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees, and individuals only have the right to use it. If it is built on the land that is transferred, then it is possible to apply for a real estate certificate.
1. Is it legal to buy and sell small property rights?
Small-property houses are houses built on collective land by some village collective organizations or developers, or "commercial houses" built by farmers themselves, which are legal. However, because the land belongs to the collective economic organization, there is no house ownership certificate, and there will be certain restrictions on the transfer.
Article 11 of the Land Management Law stipulates that 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 villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.
Article 63 stipulates that the right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger and other circumstances.
2. Does the peasant land belong to the village collective?
The peasant land belongs to the village collective. Peasant land belongs to the village collective, that is, it is owned by each villager and is operated and managed by the village collective economic organization or villagers' committee. If there is a cooperative or villager group, it is operated and managed by the villager group.
According to the Law of the People's Republic of China on the Promotion of Land Management Departments, the land owned by the farmer collective belongs to the village farmer collective in accordance with the law, and is operated and managed by the village collective economic organization or the villagers' committee; Where it is owned by a peasant collective that already belongs to two or more rural collective economic organizations in the village, it shall be operated and managed by each rural collective economic organization or villager group in the village; Those that have already belonged to the township peasant collectives shall be operated and managed by the township and rural collective economic organizations.
3. Do individuals have ownership of collective land?
Individuals do not have collective land ownership, and rural collective land ownership belongs to peasant collectives.
The land owned by the peasant collectives belongs to the peasant collectives of Xianqi Village in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.
You can appoint a lawyer to take care of your case with full authority. Appoint someone else to appear in court on your behalf.
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