Can a house with a real estate certificate and no land certificate be transferred?

1. The house with the real estate certificate and no land certificate can be transferred, but it needs to be approved by the municipal and county people's land management department and the real estate management department, and the transfer registration shall be handled in accordance with the regulations.

2. In accordance with the "Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights".

Article 25.

The transfer of land use rights and the ownership of above-ground buildings and other attachments shall be registered in accordance with regulations.

The division and transfer of land use rights and the ownership of above-ground buildings and other attachments shall be approved by the municipal and county people's land management departments and real estate management departments, and the transfer registration shall be handled in accordance with the regulations.

3. In accordance with Article 7 of the Regulations on the Administration of Urban Real Estate Transfer.

The transfer of real estate shall be handled in accordance with the following procedures:

1) The parties to the real estate transfer sign a written transfer contract;

2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;

C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;

4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed;

5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;

6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.

Absolutely. How messy is the landlord, the one you can't transfer without a property right certificate. Your question is whether you can transfer ownership without a land certificate, and I tell you, it is completely possible, and you don't need a land certificate.

Many people often only pay attention to whether the house has a real estate certificate when buying a house, but ignore whether the house has a land certificate.

A house with only a real estate certificate and no land certificate cannot be bought, because the transfer procedures cannot be carried out without the land certificate, and the buyer cannot settle down. Only the real estate certificate without the land use right certificate may bring risks to the purchase and transaction of residential real estate.

Can I transfer ownership without a land certificate only with a real estate certificate?

Only the real estate certificate can not be transferred without the land certificate. The real estate certificate and the land certificate are also the relevant proof that the owner owns the property and the right to use the land, the two are inseparable, but there is a certificate, and there is no other certificate, that is, there is a real estate certificate, no land certificate, or only a land certificate, and there is no real estate certificate can not be transferred. Without a land certificate, it means that the owner does not have the right to use the land, so when the land is encroached upon by others, the homeowner has no way to protect his legal rights, so the lack of a land friend certificate will bring risks to the buyer.

The process of applying for a house certificate is as follows:

1. Collect and fill in the application form for real estate registration at the real estate registration agency;

2. Submit the registration application, the identity certificate of the applicant and the first person, the power of attorney and other materials;

3. Review materials;

4. If the registration conditions are met, the formalities shall be completed within 30 working days from the date of acceptance of the application, and the real estate ownership certificate shall be issued.

The materials that buyers should prepare when applying for the property right certificate are as follows:

1. A copy of the full amount of the house should be provided;

2. A copy of personal ID card, and people from other provinces and cities need to submit a copy of the temporary residence permit within the validity period;

3. Housing deed tax;

4. The original supplementary agreement for the area difference;

5. The original application form for registration of housing property rights transaction;

6. Special receipts for public maintenance;

7. The original copy of the purchase contract.

The title deed and the land deed are proof that the owner owns the property and the right to use the land, and the two are inseparable. If there is only one certificate and no other certificate, the transfer cannot be processed. Moreover, the lack of a land certificate will bring risks to the rights and interests of buyers.

The absence of a land certificate means that the owner does not have the right to use the land, so the owner will not be able to protect his legitimate rights and interests when the land is encroached upon.

Therefore, the house without the land certificate faces three major risks: although the real estate certificate is in their own hands, the land use right still belongs to the real estate developer, which cannot rule out the risk that the developer will mortgage the bank with the "big certificate" of the land use right; If the land certificate is not processed, some units may illegally transfer the land use right to others, causing the buyers to suffer unnecessary losses; The land use certificate and the real estate ownership certificate are not in order, which affects the listing transaction.

Housing and land are an inseparable whole, and the legitimate rights and interests of the property owner can only be effectively protected if the certificate is issued and registered and the two rights subjects are consistent. The land certificate is a legal certificate for the land right holder to have the right to use the land in accordance with the law, and a house should have the house ownership certificate and the land use right certificate, because only when the two certificates are complete, the buyer can be regarded as having a complete right.

When going through the real estate transfer procedures, the parties must provide the real estate certificate, land certificate and deed tax certificate, otherwise the transfer cannot be made. Therefore, if you buy a house with only a real estate certificate and no land certificate, then you will definitely be rejected when you handle the transfer, so don't think that it is a trivial matter that the house only has a real estate certificate and no land certificate, you should quickly recover your land certificate.

Yes, in the past, the real estate certificate and the land certificate were separated, and the real estate certificate was only needed to handle the transaction, but after the new certificate was replaced, it became two certificates in one, collectively known as the real estate certificate.

Hope it helps, hope!

If there is only a real estate certificate and no land certificate, then it is not possible to handle the transfer. Because the real estate certificate can prove the ownership of the house, and the land use certificate is the legal certificate that proves that you have the right to use the land, the two are inseparable. A house should have a house ownership certificate and a land use right certificate, because only when the two certificates are complete, the buyer can be considered to have obtained complete rights, and if the land certificate is missing, it will bring risks to the rights and interests of the buyer.

Articles 38 and 39 of the Law on the Administration of Urban Real Estate stipulate that real estate that has not obtained a certificate of land use right shall not be transferred if the land use right is obtained by way of transfer.

Hope it helps.

Only the real estate certificate, of course, can also be transferred to the house without the land certificate. Because many of these houses are demolished. So such a house although there is no land certificate. But they have a title deed, and of course such a house can be transferred for trading.

Only the house only has the real estate certificate, without the land use certificate, it can also be transferred, and if there is no real estate certificate, only the land use certificate cannot be transferred.

Can a house with only a real estate certificate and no land certificate be transferred? Only a house without a land certificate cannot be transferred, and you need to get the land certificate before you can transfer the ownership.

If your house only has a real estate certificate and no land certificate, the house cannot be transferred, as long as the documents are complete.

Now the state recognizes the real estate certificate, and the transfer of ownership with the real estate certificate is okay, and the land certificate can not be needed.

Each city has different regulations on the house with the real estate certificate and the land use certificate, and my area has the real estate certificate, and you can transfer the house without the land certificate.

In the case that the buyer and the seller voluntarily mutualize each other, take the relevant procedures to the notary office for notarization, and then go to the housing authority to go through the transfer procedures!

OK. Commercial houses are all two-in-one.

If you have a real estate certificate, you can't transfer ownership without a land certificate. When going through the real estate transfer procedures, the parties must provide ID cards, real estate certificates, land certificates, tax payment certificates and other information.

[Legal basis].Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) Seeping beam transportation to recover the right to use the land in accordance with the law;

4) Co-ownership of real estate, without the written consent of other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Nowadays, the land certificate and the real estate certificate have been combined into one, which is the real estate title certificate. Therefore, without a land certificate, you cannot handle the transfer of a house, and a real estate ownership certificate is required to handle the house transfer procedures, and there is no real estate property without a land certificate, and the house cannot be traded and sold. According to 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:

a) Application for Registration; 2) Identification materials and power of attorney of the applicant and the first person; 3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; (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 regulations, and detailed rules for the implementation of these Regulations.

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) The applicant's or agent's identification materials and power of attorney; 3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; (4) Materials such as the site of the immovable property, the spatial boundary, and the area of enlightenment; (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.

Theoretically, second-hand houses generally need three certificates to be traded, and they cannot be traded without a land certificate. However, in practice, some houses can still be transferred. For second-hand housing transactions in non-urban areas, three certificates must be prepared before they can be traded, while second-hand housing in the city only needs to have two certificates, real estate certificates and deeds, to be listed and traded.

The property right certificate and the land certificate are the proof that the owner owns the property and the right to use the land, and the two are inseparable, and the absence of the land certificate means that the owner does not have the right to use the land, so when the land is occupied, the owner will not be able to protect his legitimate rights and interests. Therefore, a house without a land certificate faces three major risks: although the real estate certificate is in its own hands, the land use right still belongs to the developer, which cannot rule out the risk that the developer will mortgage the bank with the "big certificate" of the land use right; If the land certificate is not processed, some units may illegally transfer the land use right to others, causing the buyers to suffer unnecessary losses; Incomplete land use certificates and property rights certificates affect listing transactions.

Conveyancing procedures.

1) Application form for registration of real estate transfer;

2) Proof of identity of the applicant;

3) Certificate of Real Estate Rights;

4) The administrative decision of the relevant administrative organ, the real estate sales contract, (if it needs to be notarized according to the regulations, the notarized real estate sales contract shall be submitted) or the notarized real estate gift letter, or the notarized real estate inheritance certificate, or the real estate exchange agreement, or the real estate division agreement;

5) If a mortgage has been created, a written document with the consent of the mortgagee shall be submitted;

6) In the case of compulsory transfer by the people's court, an effective judgment, ruling, mediation document and notice of assistance in enforcement shall be submitted;

7) For the transfer of real estate of unincorporated enterprises and organizations, the approval documents of the property rights department agreeing to the transfer shall be submitted;

8) administrative allocation, reduction or exemption of land premium land, should be submitted to the competent authority of the approval documents and proof of payment of land premium;

9) If the real estate is acquired by bidding, auction or listing, the confirmation of winning the bid, the confirmation of the auction transaction, the contract for the transfer of land use rights and the certificate of payment of the land price shall be submitted;

10) If it is a welfare commercial house, it should be submitted to the relevant competent department for approval;

11) Demolition compensation shall be submitted to the demolition compensation agreement;

12) Opinion of the co-owners of the real estate agreeing to the transfer;

13) In the case of acquisition or merger of enterprises, the approval documents of the relevant departments shall be submitted;

14) In the case of real estate transfer between state-owned enterprises or other organizations, the approval documents of the relevant departments shall be submitted;

15) Other documents stipulated by laws, regulations, rules and normative documents.

There are three types of cases:

1. If the house is a real estate certificate that combines the land certificate and the real estate certificate, you can transfer the ownership directly.

2. If the land to which the house belongs is transferred, and the original owner has not applied for the land certificate of his personal name, he can complete the land certificate and then transfer the real estate certificate and land certificate.

3. If the land to which the house belongs is collective, or in the nature of allocation. It is necessary for the original owner to pay the land transfer fee and complete the land certificate of the nature of the transfer, and then the real estate certificate and land certificate can be transferred.

Land certificate application process:

1. Obtain the application form for housing ownership registration (with the developer's seal), the housing strata division plan, the purchase invoice, and the map for the land certificate from the developer;

2. Pay for maintenance**;

3. Pay deed tax;

4. Apply for property right certificate;

5. Apply for land certificate.