Can t get a real estate certificate for a self built house in a rural area?

Those houses that have not been approved or applied for construction without any construction and have been built privately by themselves cannot get a real estate certificate. The reason is very simple, this kind of house is actually an illegal building, and it is supposed to be demolished, so it is impossible to apply for a real estate certificate.

The applicant shall submit an application to the housing registration agency where the house is located and submit the application registration materials.

According to Article 11 of the Housing Registration Measures, the applicant shall apply to the housing registration authority where the house is located and submit the application registration materials. The original materials for application for registration shall be provided.

Where the original cannot be provided, a copy that has been confirmed by the relevant organs to be consistent with the original shall be submitted.

The applicant shall be responsible for the authenticity, legitimacy and validity of the application registration materials, and shall not conceal the true situation or provide false materials to apply for housing registration. If the application and registration materials submitted by the applicant are complete and conform to the statutory form, they shall be accepted and a written certificate shall be issued. Where the application and registration materials submitted by the applicant are incomplete or do not conform to the legally-prescribed form, they shall not be accepted, and the applicant shall be informed of the content that needs to be supplemented and corrected.

Yes, like urban houses, rural houses are also built with real estate certificates. Because according to the provisions of China's "Civil Code", only after the registration and the real estate certificate can the property be proved to be the real owner of the house. Therefore, there is also a real estate certificate for building houses in rural areas.

The process of handling the rural house ownership certificate is as follows:

1) The applicant submits the following materials to apply;

2) Acceptance, after submitting the materials required for the handling of the rural real estate certificate, the staff will accept it;

c) Announcements; 4) Audit;

5) Charges; 6) Recorded in the register;

7) Issuance of certificates. Can self-built houses in rural areas be bought and sold?

Due to the special nature of rural housing homesteads, there are certain conditions for rural housing transactions, and the buyers of rural houses must be people who meet the requirements for applying for rural homesteads, specifically, members within the collective organization and members outside the collective organization. There are three specific situations for members within a collective organization:

1) They already have a homestead and meet the homestead standards stipulated by the state. According to the rule that a villager can only own one homestead, it is impossible for villagers who already have a homestead and meet the national standards to apply for a homestead to be approved.

2) There is a homestead land, but it has not yet reached the standards set by the state. For villagers in the second case, even if they already have a homestead, it is difficult to apply for a second homestead if there is no legal reason.

3) Have settled in a collective organization, but have not yet been assigned to a homestead. In the third case, the application for homestead must go through the procedures prescribed by laws and regulations. Therefore, even if the sale of a house takes place between members of the villagers' collective organization, it will be difficult to carry out.

It is undoubtedly unrealistic for the seller to first review the specific situation of the buyer.

Legal basis

Article 209 of the Civil Code The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Legal Analysis: Yes, but an application is required. After the approval of the Planning and Construction Office for the construction and acceptance of the house, the villagers need to apply for the house ownership certificate, shall apply to the local housing management office.

Legal basis: Land Management Law of the People's Republic of China

Article 12 The registration of the ownership and use rights of land shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.

Article 63: Where overall land use plans and urban and rural plans are designated for industrial, commercial and other operational purposes, and are registered in accordance with law, the land owner may hand over the land to units or individuals for use by means such as transfer, lease, etc., and shall sign a written contract indicating the land boundary, area, period of commencement of construction, period of use, land use, planning conditions, and other rights and obligations of both parties. The transfer or lease of collective business construction land provided for in the preceding paragraph shall be subject to the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives who are members of the collective economic organization. The right to use land for collective management construction acquired through transfer or other means may be transferred, exchanged, contributed, donated or mortgaged, except as otherwise provided by laws and administrative regulations or otherwise agreed in a written contract signed by the land owner or land use right holder.

The leasing of collective construction land, the transfer of the right to use collective construction land and its maximum term, transfer, exchange, capital contribution, gift, mortgage, etc., shall be carried out with reference to the state-owned construction land for the same purpose. The specific measures are formulated by ***.

Generally, it can be mortgaged.

Rural self-built houses can generally be mortgaged and loaned when the formalities are complete. The most important procedure referred to here is the title deed of the house. At present, some of China's rural self-built houses only have land use certificates but no house ownership certificates, and it is impossible to apply for loans in this situation.

In addition, whether or not self-built houses in rural areas can be mortgaged and loaned depends on the actual situation. Such as the age of the house, the geographical location of the house, the realizable value, etc. If the property is old or in a poor location, and the realizable value is low, it cannot be used as collateral to obtain a loan, even if the formalities are complete.

All major banks have loans.

Information required for loan:

1.Borrower's valid ID card and household registration booklet;

2.Proof of marital status, if you are unmarried, you need to provide an unmarried certificate, and if you are divorced, you need to provide a court civil mediation letter or divorce certificate (indicating that you have not remarried after divorce);

3.If you are married, you need to provide your spouse's valid ID card, household registration booklet and marriage certificate;

4.Proof of income of the borrower (salary income certificate or tax payment certificate for six consecutive months);

5.Title deeds of the property;

6.Guarantor (ID card, household registration booklet, marriage certificate, etc.) are required

Note that:1Collateral is required to take out a loan, and the sum of the loan amount and interest during the loan period cannot exceed 1 2 of the appraised value of the collateral

2.Have a long-term and stable income sufficient to pay the principal and interest of the monthly loan**;

3.Guarantor;

4.Age limit for borrowers: Age of male loan term not more than 60 years old, Age of female loan with Li and term not more than 55 years old;

5.Customers who enter the blacklist of the credit information system cannot apply for loans;

The loan requires the payment of lawyer witness fees, mortgage registration fees, insurance premiums for the mortgaged property, appraisal fees for the property, etc.

Generally, it takes about 1 month to get a loan.

Process: 1Apply for a loan to the bank, 2After the bank accepts the application, the value of the mortgaged property will be evaluated, and the loan amount will be determined according to the appraised value;

3.Opening a personal current deposit account, signing a loan contract, etc.;

4.Handle real estate mortgage registration matters;

5.Bank Loans

First go to the Bureau of Land Management to apply for a land use certificate, and then reapply for a real estate certificate.

If a rural house does not have a real estate certificate, it is only necessary to re-register the household registration and the ownership of the house and land to the village committee at the time of the sale. After China's rural cooperativeization, rural villagers on the collective land for the need to build houses, to the collective organization to apply for building land, quietly after the collective submitted to the county (city) people's ** approval, to the county (city) land administrative departments to apply for collective land use right registration and by the county (city) people's ** issued "collective land use certificate". The homestead certificate is the current certificate of the right of rural villagers to legally own houses and land, which can be transferred between members of the collective, but must not be transferred to non-members of the collective organization.

Homestead certificate, commonly known as homestead certificate.

1. Is it worth buying a house without a real estate certificate?

The "Housing Ownership Certificate" is a legal certificate for the state to protect the legitimate rights and interests of the house owner in accordance with the law, and is a necessary condition for the property owner to exercise its legitimate rights and interests. Unregistered houses are not protected by law, and at the same time, they can cause unnecessary trouble and losses to buyers.

1. Unregistered houses cannot be bought or sold. Even if the transaction is private, the transfer procedure cannot be completed.

2. Unregistered houses cannot be mortgaged. Mortgage on a house is a safe way of financing approved by banks, and without a title deed, the house cannot be mortgaged, which will affect doing business or investment.

3. Unregistered houses cannot be rented. If the rented house does not have a title certificate, and there is a dispute between the two parties (rent arrears or non-vacancy when it expires), the legitimate rights and interests of the lessor cannot be protected.

4. Unregistered houses cannot protect legitimate rights and interests. When the right holder has a dispute with others or is infringed upon due to the issue of property rights, its rights and interests cannot be protected because it is unable to provide the property right certificate to the administrative, arbitration or judicial authorities.

2. The fees that need to be paid for the real estate certificate Qi Xiang.

1) Deed tax of commercial housing - 1 5 (3 for non-ordinary residences); Stamp duty - 0 1 ; Business tax - if the real estate certificate has been issued for less than two years, you need to pay the business tax of the transaction **5 5. Ordinary residences that have been completed for two years are exempted, and non-ordinary residences are subject to business tax of 5 5 of the difference between **** and purchase.

2) Housing reform deed tax - 1 5 (3 for non-ordinary residences); Stamp duty - 0 1 ; Land transfer fee: the cost price of the current year multiplied by the construction area multiplied by 1; If it is a standard price or *** housing reform, then you also need to pay the cost price of the current year multiplied by the construction area multiplied by 6, and then pay taxes and transfers.

3) Affordable Housing Deed Tax - 1 5 (3 for non-ordinary residences).

Summary. Hello, it's a pleasure to answer for you; Methods for applying for real estate certificates for self-built houses in rural areas: 1. The house builder submits an application to the village committee for building a house; 2. The village committee reviews and approves, signs and seals; 3. Apply to the Township Construction Office; 4. The staff of the Township Construction Office visited the site and agreed to build the house; 5. Go to the Township Construction Office to get the application form for housing construction; 6. Signed and agreed by the Township Construction Office; 7. The township leader in charge signs and seals to verify and agree; 8. Submit to the County Planning and Construction Bureau for approval (County Administrative Service Center); 9. The builder receives the property right certificate.

Hello, it's a pleasure to answer for you; Methods for applying for real estate certificates for self-built houses in rural areas: 1. The house builder submits an application to the village committee for building a house; 2. The village committee reviews and agrees, and the signature is slippery and sealed; 3. Apply to the Township Construction Office; 4. The staff of the Township Construction Office visited the site and agreed to build the house; 5. Go to the Township Construction Office to get the application form for housing construction; 6. Wanshan was signed by the Township Construction Office to agree to bury it; 7. The township leader in charge signs and seals to verify and agree; 8. Submit to the County Planning and Construction Bureau for approval (County Administrative Service Center); 9. The builder receives the property right certificate.

Legal basis: Article 82 of the "Housing Registration Measures" for villagers' houses built with homestead land and houses built with other collectively owned construction land in accordance with the law may apply for housing registration in accordance with the provisions of these Measures. Where laws and regulations have other provisions on the registration of houses within the scope of collective land, those provisions shall prevail. Article 83, where an application for initial registration of house ownership is made for the legal construction of a house, the following materials shall be submitted:

1) Application for registration; (2) The identity certificate of the person who quietly asked for nothing; (C) the homestead use right certificate or the collective ownership of the construction land use right certificate; (4) Proof that the registered house conforms to urban and rural planning; (5) Housing surveying and mapping reports or villagers' housing plans; (6) Other necessary materials. Where an application is made for the initial registration of a villager's housing ownership, a certificate that the applicant is a member of the rural collective economic organization where the house is located shall also be submitted. Where a rural collective economic organization applies for the initial registration of house ownership, it shall also submit supporting materials with the consent of the villagers' meeting or the authorization of the villagers' meeting and the consent of the villagers' representative meeting.

Article 84 provides for the initial registration of villagers' housing ownership and the initial registration of all housing ownership of rural collective economic organizations, and after the housing registration agency accepts the registration application, it shall make a public announcement of the application for registration in the rural collective economic organization where the house is located. If there is no objection or the objection is not sustained by the announcement, it can be registered.

Because I had an old collective land use certificate in the past, I demolished the old one five years ago to rebuild, how can I go through the formalities now?

Hello, the same re-application for the title certificate.

It is necessary to first apply to the village committee, and then to the township and township.