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China's law does not stipulate that the real estate certificate must be handled in person, and the parties are generally required to be present in person, if they are unable to apply for the real estate certificate due to objective or subjective reasons, they can be authorized to entrust others to handle it.
Materials required for the real estate certificate for the new house:
1) The original contract for the purchase and sale of the house 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 the floor plan of the strata subdivision of the house.
4) Tax payment certificates.
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1. Do I need to be present in person to apply for the real estate certificate?
1. To apply for the real estate certificate, you need to be present in person. If you want to apply for the real estate certificate, you need to go in person, and you must provide relevant materials when you go, such as the contract and invoice of the real estate certificate, as well as the surveying and mapping report of the house, etc., for the content of each voucher to be consistent, and to carefully check to ensure that the wording inside, as well as the data date of each item are very consistent, and there is no error.
2. Legal basis: Article 7 of the Administrative Provisions on the Transfer of Urban Real Estate.
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.
Article 8. The real estate transfer contract shall contain the following main contents:
1) The names and addresses of both parties;
2) The name and number of the real estate ownership certificate;
3) The location, area, and boundaries of the real estate;
4) The land parcel number, the method and term of acquisition of land use rights;
5) the use or nature of the use of the real estate;
6) Transaction** and payment method;
7) the time when the real estate is put into use;
8) Liability for breach of contract;
9) Other matters agreed upon by both parties.
2. What is the process of real estate transfer?
1. Prepare relevant materials for real estate transfer;
2. Go to the registration information and verification agreement window to go through the information registration and agreement verification procedures;
3. Go to the real estate appraisal window to go through the appraisal procedures;
4. Go to the notary window to go through the notarization procedures;
5. Go to the private transaction window to go through the transaction procedures;
6. Pay stamp duty at the deed tax and stamp duty window;
7. Go to the property right registration and issuance window to go through the procedures for changing the name of the "House Ownership Certificate".
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Legal analysis: Generally speaking, when applying for a real estate certificate, the parties are required to be present. Unless there are special reasons, such as illness, old age, inconvenience, etc., a power of attorney and corresponding certificates can be provided.
With the consent of the management department, the parties may not appear in person. If the buyer gets married and applies for the real estate certificate, it is necessary to bring the original and photocopy of the ID card and marriage certificate of both parties, and if one of the parties cannot be present to handle it, the official seal shall be affixed. If the buyer is single, he or she must attend in person.
Legal basis: "Measures for the Administration of Registration of Urban Real Estate Ownership" Article 16 For newly built houses, the applicant shall apply to the registration authority for the initial registration of housing ownership within 3 months after the completion of the house, and shall submit land use certification documents or land use right certificates, construction land planning permits, construction project planning permits, construction permits, housing completion acceptance materials and other relevant supporting documents. If a house on collective land is converted into a house on state-owned land, the applicant shall, within 30 days from the date of occurrence of the fact, submit the land use certificate and other relevant documents to the registration authority to apply for the initial registration of house ownership.
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Analysis of the law of the law: it is not necessary to go in person to apply for the real estate certificate, but you can also provide a power of attorney and corresponding proof to authorize others to handle it. If the party entrusts the person to handle the real estate certificate, the person shall submit the identity certificate of the party, the power of attorney and the identity certificate of the person to the real estate trading center.
The power of attorney shall indicate the name of the person, the matter, the authority and the period, and shall be signed or sealed by the principal.
Legal basis: Article 12 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable Property Article 12 A party may entrust another person to apply for registration of immovable property on its behalf. If the applicant applies for the registration of immovable property, the person shall provide the immovable property registration agency with a power of attorney signed or stamped by the person to grant the right of repentance.
Where a natural person disposes of immovable property and entrusts a person to apply for registration, he or she shall go to the real estate registration agency together with the person to sign a power of attorney on the spot, except where the power of attorney is notarized. Where an overseas applicant entrusts another person to handle the registration of the disposal of immovable property, the power of attorney shall be authenticated or notarized in accordance with the relevant provisions of the State.
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Legal analysis: It is not necessary, the purchase of a new house is generally handled by the developer, and it is issued to the owner after the completion of the process, and the owner does not need to be present. In the second-hand housing transaction, when the real estate transfer is handled for the real estate certificate, if the buyer does not have time, he can sign the entrustment agreement and let others handle it on his behalf.
Legal basis: "Measures of the People's Republic of China for the Administration of Commodity Housing Sales" Article 34 The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information that needs to be registered for housing ownership to the real estate administrative department where the housing is located.
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Generally speaking, when applying for a real estate certificate, the person concerned must be present. Unless there are special reasons, if the buyer gets married and applies for the real estate certificate, it is necessary to bring the original and photocopy of the ID cards and marriage certificates of both parties, and if one of the parties cannot be present to handle it, the official seal shall be affixed. If the buyer is single, he or she must attend in person.
What information do I need to apply for a real estate certificate?
1. The following materials are required for the new house to apply for the real estate certificate: the original house purchase and sale contract and the original supplementary contract for the trapped bridge. The original uniform invoice for the sale of commercial housing. The original field survey and mapping questionnaire and strata floor plan of the house. Tax payment certificate (deed tax payment certificate).
2. If the real estate certificate is a married buyer, the following materials are also required: copies of the ID cards of both parties (in principle, the original needs to be verified). Copy of marriage certificate (with original verification).
If either party is unable to attend the process, a private seal is required, and if a third party is entrusted, the private seal of both husband and wife must be provided at the same time.
3. If the real estate certificate is a single buyer (must be present in person, not on behalf of the buyer), the following materials are also required: a copy of the ID card (with the original verification). A copy of the household registration booklet or household registration certificate (with the original for verification).
Single declaration affidavit, home buyers in the local area to the Civil Affairs Bureau.
How much does it cost to get a real estate deed for a new house?
1. Deed tax. When buying a suite, if the area is less than 90, the deed tax is generally levied at 1% of the house price, and if it exceeds 90 square meters, it is levied at the rate of the house price.
The deed tax on the purchase of a second house is levied at 3% of the house price;
2. Registration. The registration fee for residential is 80 yuan, and the registration fee for non-residential is 550 yuan;
Public funds are used for community management, community property construction costs, frame structure according to the square meter payment, brick concrete structure according to the square meter payment, residential housing is generally 80 yuan per set, if there is a common warrant to increase the cost of production 10 yuan.
For other properties with a construction area of less than 500 (including 500) square meters, 200 yuan, 500 1000 yuan for 300 yuan, 1000 2000 yuan for 500 yuan, 2000 5000 yuan for 800 yuan, and more than 5000 square meters for 1000 yuan; If the co-ownership warrant is added, the production cost will be increased by 10 yuan.
3. The Yinwang Hall spends the tax.
Stamp duty: It is divided into stamp duty on "property right transfer documents" and stamp duty on "rights and licenses". The tax rate of the "property right transfer document" is 5/10,000, and the tax basis is the amount contained in the document, and both the buyer and the seller must pay
The rights and licenses shall be subject to a fixed tax rate of 5 yuan according to the tax item, and the buyer shall pay it.
Deed Tax: To be paid by the buyer.
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