Can I apply for a real estate certificate when I buy land to build a house?

Buying land to build a house does not necessarily mean that you can apply for a real estate certificate, because the nature of the use of the purchased land is different, and it does not mean that you can build a house if you buy the right to use the land, and some are industrial land or agricultural land.

The real estate certificate can be applied for if the land purchased through the state-owned land listed for auction can be applied for a real estate certificate. However, if it is collective land, it is not possible to apply for a real estate certificate.

If the land you buy is state-owned land that is listed for auction through **, you can build a house and apply for a property right certificate; If the land you buy is collectively owned, you will not be able to apply for a real estate certificate if you only have the right to use the land without ownership.

If the land you buy is through the first bidding, auction and listing, you can apply for the land certificate and real estate certificate, if you buy collective land, then you can't handle it.

You can read more about this.

If you buy it out from a formal channel, you should be able to get a real estate certificate.

If it is a residential land, you can apply for a real estate certificate, and you must buy it through formal channels.

Legal analysis: state-owned land to build a house can be applied for a real estate certificate, the real estate certificate is handled in the housing management department, and the land certificate is handled in the land management department; Commercial housing (fund-raising to build houses, housing reform) and village buildings are generally subject to the first application for the real estate certificate, and then the land certificate. The owner of the house should take the land use certificate, the original price of the ID card and a copy to the window of the hall of the housing management bureau for processing.

Housing on state-allocated land may be traded upon approval. State-owned allocated land is divided into rural collective land and state-owned land, and state-owned land is divided into two types: state-owned allocation and state-owned transfer, and state-owned allocation is the land allocated by the state to units or individuals for use free of charge.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 40 Where the land use right is obtained by way of allocation, the transfer of real estate shall be reported to the people with the right of approval for examination and approval in accordance with the provisions of the law. If the people who have the right to approve approve the transfer are approved, the transferee shall go through the formalities for the transfer of land use rights and pay the land use right transfer fee in accordance with the relevant provisions of the state.

If the land use right is obtained by way of allocation, when the transfer of real estate is submitted for approval, the people with the right to approve decide that they can not go through the formalities for the transfer of land use right in accordance with the provisions of the transfer, and the transferor shall, in accordance with the provisions of the transfer, hand over the land income from the transfer of real estate to the state or make other dispositions.

Legal Analysis: Yes. 1. The house builder shall submit an application and fill in the "Application and Review Form for Rural Individual Housing Construction"; 2. The villagers' committee signs the opinion and affixes the official seal; 3. The town ** conducts the preliminary examination and is responsible for the land transfer work; (1) Opinions of town and village construction offices; (2) Opinions of the town land branch.

4. The town ** village regularly publishes the preliminary review opinions; 5. Report to the county-level authorities for joint examination and approval (1) The county planning bureau shall review and determine the planning site selection opinions and issue approval documents; (2) The county land and resources bureau audits, and handles the approval procedures for land use, and issues approval documents. 6. The county land and resources bureau collects the housing guarantee fee and issues the "Rural Individual Housing Construction Project Permit"; 7. Before the start of construction, the builder shall report to the town, and the town shall conduct on-site inspection, knock piles for positioning, and implement the whole process of construction management; 8. After the completion of the house, the house builder shall apply to the town for completion acceptance; 9. The town will send people to inspect the site in conjunction with the relevant departments of the county, issue the certificate of completion and acceptance of the building according to the regulations, and return the deposit for the construction of the same place; 10. The builder shall apply to the land registration department for the registration of real estate rights with the acceptance certificate. 11. The house builder receives the house ownership certificate.

Legal basis: "Regulations on the Implementation of the Land Management Law of the People's Republic of China" Article 5 The competent department of natural resources shall formulate land rating standards in conjunction with relevant departments. The competent departments of natural resources of the people's ** at or above the county level shall, in conjunction with the relevant departments, assess the land grade in accordance with the land grade assessment standards.

The results of the local land rating shall be reviewed by the people at the same level, and shall be announced to the public after being approved by the competent department of natural resources of the people's resources at the next higher level. According to the state of national economic and social development, the land grade is reassessed every five years.

The suburbs near the city basically belong to collective land or state-owned reserve land, and collective land cannot be bought and sold casually, but can only be transferred among villagers in their own villages, and state-owned reserve land must be sold through bidding and auction. Even if you bid to buy it in the end, you have to build a house and pass the project approval document, the planning bureau issued a planning document (generally wasteland is not planned, you can only spend money to find a qualified unit for planning, and the planning cost is more expensive than buying a set of commercial housing), the construction bureau must find a qualified construction unit to construct after reviewing the construction permit, and finally get the building certificate and land certificate. The above is the general process, and any one of them will take you as little as 3 months or as long as a year.

If you have an urban hukou and do not have a strong relationship, the cost of building your own house will be much higher than if you buy a villa.

The process of individual housing construction for rural villagers is that villagers apply to the village committee, the village reports to the township, the township reports to the county and city, and the county (city) ** approves. It involves the approval of construction and land use, to obtain the permit of the planning department, the land department and then go through the land use procedures, if it involves the conversion of agricultural land, it is also reported to the provincial land department, under normal circumstances, the town receives the application after the organization of the planning office, the land survey, the new construction and expansion should also be reported to the county (city) planning department for review, must be reported to the county land department for review. In principle, there is no need for the parties to run, but in consideration of manpower and efficiency, in many places, villagers are required to apply directly to the planning office and the land office.

In short, even if you build a house on your own farmland, you still have to go through the planning permit and land use approval, and you must first declare the conversion of agricultural land by the land department, which is controlled by the annual land use plan indicators. Occupying farmland to build houses without approval violates the Land Management Law and is illegal land occupation and can be demolished and fined by the land department. Those who meet the criminal law standards (10 acres of cultivated land and 5 acres of basic farmland) shall be transferred to justice for the crime of illegal occupation of cultivated land.

If you act in strict accordance with the law, the land management department will forcibly demolish the illegal buildings built, but in the actual law enforcement, if the illegal buildings built do not involve the interests of others, and the surrounding neighbors do not have disputes about the illegal buildings you have built or do not complain to the land management department, the land management department will turn a blind eye and fine the money, symbolically remove a few stones from the wall, and when they leave, you will be fine with the demolished stones. If there is a large controversy about the illegal building, the land management department will demolish it within a time limit.

If you want to buy your own land and want to build a house, you must apply to the local urban construction planning department, and the plan to build a house can only be built after being approved by the local urban construction planning department, otherwise it is illegal to build.

Summary. Legal Analysis: Yes.

Rural homestead land is used by rural peasant households or individuals as residential bases to occupy and use the land owned by the collective. There are three types: land that has been built, has built a house or decided to be used for building a house, land that has been built a house, land that has been built but has no superstructure or cannot be inhabited, and planned land that is ready to be used for construction. Homestead land refers to the collective construction land enjoyed by farmers based on their membership in collective economic organizations, which can be used for building houses.

Legal Analysis: Yes. Rural homesteads are used by rural peasant households or individuals as residential bases to occupy and use the land owned by the collective sale of potatoes.

There are three types: land that has been built, has built a house or decided to be used for building a house, land that has been built a house, land that has been built but has no superstructure or cannot be inhabited, and planned land that is ready to be used for construction. Homestead land is a collective construction land that can be used to build hunger chain houses enjoyed by farmers based on their membership in collective economic organizations.

My family lives in Yao Village, Wuji County, which is also the location of the household registration, can I buy a homestead in the same village in the Luancheng section?

Is it a homestead in the same village?

No, from other villages.

Is it okay for me to move my hukou after I buy it?

Generally, no.

Why? Only in the same village can be.

Can I move my hukou and buy a house again?

You move to that place and someone can sign for it.

I would like to ask if I can successfully transfer my hukou in principle?

If you want someone in that village to receive it, you can.

Now in the city, individuals are no longer allowed to buy land. If you want to buy land to build a house by yourself, you can compete for the right to use the land, and then approve the building permit, and go to the urban construction and planning department for approval and filing. In rural areas, it is possible to apply for a homestead and build a house on your own, and there are not so many restrictions.

1. Rural homesteads.

Eligibility criteria:

1. It is really necessary to divide the household due to the marriage of children and other reasons, and there is a lack of homestead;

2. Immigrants settle down and become members of the collective economic organization.

those who do not have a homestead;

3. Due to the occurrence or prevention of natural disasters.

Implement village and market town planning and carry out communal facilities in townships (towns).

and the construction of public welfare undertakings, which need to be relocated.

2. Rural villagers.

In any of the following circumstances, the use of homestead land shall not be approved:

1. Under the age of 18;

2. The area of the original homestead has reached the prescribed standard or can meet the needs of sub-households;

3. Selling or renting out houses in the village.

Due to the discrepancies in the regulations of each province, the specific details can only be determined after consulting with the local land department.

If it is a self-built house, it is relatively easy, you need to go to the Land and Resources Bureau, the Urban and Rural Development Bureau and other relevant departments for approval procedures, and you can build a house after getting the construction permit, if it is a development of real estate, it is much more complicated, involving more departments, planning bureau, cultural relics protection bureau, environmental protection bureau, etc., large real estate also has to be approved by the air defense office, all need to pay fees.