Rural housing renovation and renovation of additional floors of real estate ownership certificate to

The renovation of old houses in rural areas needs to be replaced with new ones.

If the location, boundary, use, or area of the new dwelling and the original dwelling have changed after the renovation of a rural dwelling, it is necessary to cancel the original property right certificate and apply for a new property right certificate. If the location, boundary address, use, or area of the new dwelling and the original dwelling have not been changed after the renovation of the rural dwelling, the original property right certificate shall not be cancelled.

If there is a change in the location, boundary, use or area of the renovated dwelling, the owner of the house is required to apply to the real estate registration authority for registration of the change of ownership of the house as the applicant. To apply for registration of change of ownership of a house, the applicant needs to submit an application for registration of immovable property, proof of identity of the applicant, certificate of ownership of immovable property, documents for the change of the area and scope of the house or a survey form of the changed immovable property title, parcel map, coordinates of the boundary point of the parcel and other materials related to the boundary and area of the immovable property. If the real estate registration authority meets the requirements after review, a new property right certificate will be issued, and the original property right certificate will be cancelled.

If the house renovated in the old village is renovated and built on collective land, it cannot apply for a real estate certificate. This is because the land owned by peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees, and individuals only have the right to use it. If it is built on the land that is transferred, then it is possible to apply for a real estate certificate.

[Legal basis].Article 9 of the Land Management Law of the People's Republic of China.

Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

Article 11. The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.

Legal analysis: Housing renovation needs to cancel the real estate certificate and re-apply for the real estate certificate, and there is no need to pay taxes. After the dilapidated house is rebuilt, the property ownership certificate needs to be replaced.

Legal basis: Measures of the People's Republic of China for Housing Registration

Article 83 Where an application for initial registration of house ownership is made for the lawful construction of a house, the following materials shall be submitted: (1) an application for registration, (2) an identity certificate of the applicant, (3) a certificate of the right to use or a certificate of the right to use collectively owned construction land, (4) a certificate that the house for registration conforms to urban and rural planning, (5) a housing surveying and mapping report or a plan of the villagers' housing, and (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 initial registration of house ownership, it shall also submit supporting materials with the consent of the villagers' meeting or authorized by the villagers' meeting and approved by the villagers' representative meeting.

Article 84: After handling the initial registration of villagers' housing ownership and the initial registration of ownership of all houses owned by rural collective economic organizations, the housing registration authority 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.

Article 85 In the event of any of the following circumstances, the right holder shall apply for registration of the change of ownership of the house after the relevant legal documents take effect or the facts occur: (1) the name or title of the house owner is changed, (2) the location of the house is changed, (3) the area of the house is increased or decreased, (4) the house is divided or merged by the same owner, and (5) other circumstances stipulated by laws and regulations.

Article 86 Where the ownership of a house is transferred in accordance with law, the following materials shall be submitted when applying for registration of the transfer of ownership of the house: (1) an application for registration, (2) the applicant's identity certificate, (3) a certificate of house ownership, (4) a certificate of the right to use a homestead or a certificate of the right to use collectively owned construction land, (5) a certificate proving the transfer of ownership of a house, and (6) other necessary materials. Those who apply for registration of the transfer of ownership of villagers' houses shall also submit supporting materials proving that the rural collective economic organization has agreed to the transfer.

Where a rural collective economic organization applies for registration of the transfer of ownership of a house, it shall also submit supporting materials with the consent of the villagers' meeting or authorized by the villagers' meeting and approved by the villagers' representative meeting.

Legal Analysis: Rural areas have real estate certificates. Villagers' houses built using homestead land in accordance with the law and houses built using other collectively owned construction land in accordance with the law may apply for housing registration in accordance with the provisions of the "Regulations on the Registration of Immovable Property".

Where laws and regulations have other provisions on the registration of houses within the scope of collective land, those provisions shall prevail.

Legal basis: "Land Management Law of the People's Republic of China" Article 62 A rural villager household may only own one homestead land, and the area of the homestead shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers. The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved. The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences. The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.

Summary. Hello, if there are legal construction procedures for the new rural reconstruction buildings, you can apply for the real estate certificate (now called the real estate registration certificate).

Hello, if there are legal construction procedures for the new rural reconstruction buildings, you can apply for the real estate certificate (now called the real estate registration certificate).

Can the new rural renovation building apply for the real estate certificate?

How to handle it.

The following materials need to be provided to apply for real estate registration in rural areas: 1. One original application form for real estate registration; 2. 1 copy of the applicant's identity certificate (check the original), if entrusted, provide 1 original written power of attorney and 1 copy of the trustee's identity certificate (check the original); 3. One original copy of the investigation results of real estate title; 4. One original copy of land ownership materials (including real estate right certificate, collective land use certificate before unified registration, house ownership certificate, or land use approval document); 5. One original copy of the verification materials for the verification of the completion plan and the confirmation of the source of the nuclear disturbance of the homestead; 6. One original copy of the materials that meet the planning or construction requirements of the house (such as the "Rural Construction Planning Permit"); 7. The original certificate of real estate ownership.

1. The property rights of the house depend on whether the land under the foot of the house is state-owned or collective-owned; 2. If the land is not transferred, the orange is still a small property right, but the appearance and structure of the house have changed, such as the transfer of the fruit with Minguo, it will become a commercial house. Specifically, depending on the nature of the land, if it is a small property right, it cannot be handled, and a large property right can be handled for a real estate certificate.

[Legal basis].Article 16 of the Interim Regulations on the Registration of Immovable Property stipulates that the applicant shall submit the following materials and be responsible for the authenticity of the application materials:

1) Application for registration;

2) Identification materials and power of attorney of the applicant and ** person;

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.