How to reissue a damaged rural real estate certificate?

1. Procedures for the loss and replacement of the real estate certificate: 1. The owner of the house shall bring his ID card (one original and one copy) to the local housing authority to handle the registration of the loss of the real estate certificate (if he cannot be present to handle it, he or she needs to provide a notarized "Power of Attorney"), and submit a written application for correction of the loss; 2. The real estate archives check the file and issue the real estate ownership certificate; 3. Go to the newspaper designated by the local housing authority to declare that the original real estate certificate is invalid; 4. If the mortgage of the original house warrant has not been discharged, the mortgagee shall also be required to issue the original certificate of consent to the supplement; 5. Publish a statement that the original real estate certificate is invalid for 6 months and go through the registration procedures for the replacement certificate; 6. Get the certificate after 30 days. 2. Documents to be submitted when going through the procedures for re-issuance:

1. Certificate of registration of change of housing right; 2. Application for certificate replacement; 3. A newspaper stating that the original real estate certificate is invalid; 4. Housing registration form and real estate floor plan in duplicate (mentioned by the registration department.)

If the house in the rural area is self-built and the real estate certificate is damaged, you can apply directly to the neighborhood committee, and then the neighborhood committee can go to the housing authority to replace it if it issues an application certificate and seals

After the rural real estate certificate is damaged, it is necessary to go to the local land and resources bureau or the housing management bureau to submit relevant valid documents, household registration books and relevant information of the village committee to reissue.

Legal analysis: First of all, the owner of the house should write an application on his own, which should indicate the details of the loss of the real estate certificate, such as why it was lost, what is the process of loss, where is the loss, and so on. After writing this, everyone must sign and seal the application, and they also need to have their own company or local police station or sub-district office stamped.

After the signature and seal are completed, you can go to your local real estate bureau to go through the re-application procedures, and the real estate bureau will publish a statement of the loss of real estate in the local newspaper, and if there is no objection within the specified time, the owner of the house can apply for the staff to go to his place of residence to measure the data. After the data measurement is completed, the owner of the house must provide various documents to re-apply for the real estate certificate, including ID card, village committee certificate, etc.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 63 Where the people of provinces, autonomous regions and municipalities directly under the Central Government determine that the local people at or above the county level are responsible for real estate management and land management by a unified department, they may make and issue a unified certificate of real estate rights, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be included in the real estate right certificate respectively.

If the rural housing real estate certificate is lost, the property owner shall go to the housing archives with his valid identity documents to fill in the application for replacement and the letter of guarantee, copy the housing drawings and documents in the files, and the archives shall issue a housing ownership inquiry certificate; Publish a statement of loss in the newspaper, apply for a replacement certificate at the housing authority, and wait for the certificate to be issued.

[Legal basis].Article 21 of the Interim Regulations on the Registration of Immovable Property.

The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

Article 27.

Rights holders and interested parties may inquire into and reproduce immovable property registration materials in accordance with law, and the immovable property registration authority shall provide them. Relevant state organs may, in accordance with the provisions of laws and administrative regulations, inquire into and reproduce immovable property registration materials related to matters investigated and handled.

Article 60 of the Law on the Administration of Urban Real Estate.

The State implements a system of registration and issuance of certificates for land use rights and house ownership.

How to reissue the rural real estate certificate, you can refer to the following: 1. Pay the reissue fee, the cost is not high, and consult the housing management department for details; 2. Apply for reissuance; 3. Register the loss of the newspaper and reissue it; 4. Consultation and handling by the local housing authority. Related knowledge extended reading:

Can you still apply for a real estate certificate for a house that has been built in rural areas1, the key to whether a house can still be used for a real estate certificate for a rural house is the nature of the house. If it is a rural collective, that is, what we call a small property right house, then it is not possible to apply for a real estate certificate, and the state has not approved it when building a house, so the state will not apply for a real estate certificate. 2. Therefore, whether the rural housing that has been built is defeated or can still apply for the real estate certificate needs to be analyzed on a case-by-case basis, and the key is whether there is a homestead use certificate.

Rural housing is also required to obtain a house ownership certificate, and the key issue of whether or not to obtain a housing property right certificate is not the household registration, but whether there is a homestead use right certificate. 3. In China, many rural areas do not have real estate certificates, only registration procedures. If it is possible to apply for a real estate certificate, it is generally necessary to obtain a building permit before building a house.

Then, bring the land certificate and the quasi-building certificate to the housing authority to apply for the real estate certificate, which can be issued by the general town. What is the use of the real estate certificate when the rural house is demolished 1. The real estate certificate is important when the rural house is demolished. Because the compensation for the demolition of rural houses with a real estate certificate is different from that without a real estate certificate.

Generally, the house should have two certificates, that is, the real estate certificate and the land certificate, the two certificates are complete, indicating that the house is approved, the two certificates are not complete, it may be an illegal building, if it is an illegal building, even if it does not belong to the construction of a house that needs to be demolished, it may also be demolished, if it is this pro, there is no compensation for forced demolition, and there is no standard problem. 2. However, most of the rural houses do not have complete certificates. There is a real estate certificate, is indeed one of the strong evidence of demolition compensation, in the city this is the main basis, if in the countryside, it should be treated differently, because most of the local people do not have a real estate certificate, the current real estate certificate policy is only the "urban housing ownership registration management measures", which is based on the policy with the nature of state-owned land.

However, rural land is still collective land, and the state has not yet issued a policy that real estate on collective land must be registered as housing ownership. 3. Therefore, before the state has promulgated the measures for the registration of real estate on rural or collective land, the rural collective land use certificate has become one of the only supporting materials that can prove that the rural house has the right to use the place. Therefore, as long as you have a land use certificate, then the rights of the local property owner who also has the real estate certificate are the same, and if the house is required to be demolished, it also enjoys the same rights as the farmer who holds the real estate certificate.

The above is the reissue of the rural real estate certificate, and if you have other questions about this, it is recommended that you can actively consult.

If the property ownership certificate is lost, the property owner can apply for a replacement. Preparation of application materials by the owner of the house; The immovable property registration authority will conduct an internal file check and check on the loss of the application; The relevant departments make a statement in the newspaper; After the owner of the house submits all the relevant information to the real estate registration center, and fills in the application form and submits the certificate, it can be registered for review and approval. Finally, wait for the real estate registration center to make the final approval, and issue the certificate.

Article 210 of the Civil Code of the People's Republic of China The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 217 of the Civil Code of the People's Republic of China The certificate of ownership of immovable property is the 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.

1. The first newspaper declares that the original "Housing Ownership Certificate" will be invalidated, and a notice is posted after the newspaper is published to solicit objections;

In the future, if there is no objection, the homeowner shall apply for the staff of the planning and construction management station of the town to go to the field for measurement;

3. The owner of the house shall provide the ID card, a copy of the household registration book, the original newspaper of the invalid registration statement, the certificate of the village committee and other relevant materials, and submit an application to the housing registration agency for reissuance.

4. After verification by the registration agency, if the house applied for reissuance does not have any property rights restrictions (no seizure, no mortgage, etc.), the "Housing Ownership Certificate" will be handled. Description: According to the actual situation in different places, how to deal with the specific hand-calendar, Bi Ye should search for consultation with the town planning and construction management station.

The rural real estate certificate replacement fee is divided into three parts:

1. There is no charge for applying for lost registration;

2. Reapply for the real estate certificate and pay the production cost of the house ownership certificate of 10 yuan and the file fee of 10 yuan;

3. Publication fee. For more information, please contact the newspaper.

[Legal basis].

Law of the People's Republic of China on the Management of Urban Real Estate

Article 39 Where land use rights are obtained by way of transfer, the following conditions shall be met when transferring real estate:

A) in accordance with the transfer contract has paid all the land use right transfer fees, and obtained the land use right certificate;

2) In accordance with the provisions of the transfer contract for investment and development, if it is a housing construction project, more than 25% of the total development investment shall be completed, and if it belongs to a piece of development land, it shall form industrial land or other construction land conditions.

If the house has been completed at the time of the transfer of real estate, the house ownership certificate shall also be held with Zhixun.

Article 40 Where land use rights are 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 People's Republic of China. 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.

It can be reissued. First of all, you must write an application to explain the loss of the real estate certificate, ask the local police station or village committee to seal it, and then go to the real estate bureau to apply for a replacement of the real estate certificate.

Legal basis: Measures for Housing Registration

Article 4 Housing registration shall be handled by the housing registration agency where the house is located.

Article 13 The co-owners of a co-owned house shall jointly apply for registration.

The registration of a change in the ownership of a co-owned house may be applied for by the relevant co-owners, but if the application for housing registration is due to a change in the nature of the co-ownership or the share of the co-owners, the co-owners shall jointly apply for it.