Is the old title deed of the old house rebuilt in situ useful?

Updated on society 2024-06-17
10 answers
  1. Anonymous users2024-02-12

    1. Is there a need to go through the procedures for the in-situ reconstruction of old rural houses?

    In fact, there are no laws and policies in China that clearly stipulate whether or not to go through the procedures for the in-situ reconstruction of old rural houses. However, some local policies clearly stipulate that whether it is to build a new house in a new place or rebuild a house in situ, it is necessary to go through land use procedures.

    Taking Shanghai as an example, according to Article 36 of the Administrative Measures for the Construction of Rural Villagers' Housing in Shanghai, "those who reconstruct, expand, renovate or rebuild houses on the original site or build new houses according to the plan shall go through the procedures for land use and implement the land use standards stipulated in these measures." "Due to the different regulations in different places, if you are not sure about the local policies, it is best to go to the local area to understand the relevant regulations and requirements before rebuilding the house.

    Those friends whose houses have collapsed for several years should pay special attention before rebuilding their houses, because according to national policies, if the homestead is idle for more than two years, the homestead can be recovered collectively after the approval of the original approval of the people. In this case, your family may no longer have the right to use the original homestead, and building a house on the original homestead is illegal and may be forcibly demolished.

    2. What are the procedures for the in-situ reconstruction of old rural houses?

    According to the relevant provisions of the fourth paragraph of Article 62 of the Land Management Law: "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. ”

    The Notice of the Ministry of Agriculture and Rural Affairs and the Ministry of Natural Resources on Standardizing the Examination and Approval Management of Rural Homesteads stipulates that the review procedures for rural homestead applications are as follows:

    1.Rural households that meet the conditions for applying for homestead land shall submit a written application for homestead land and building (planning permission) to the villager group where they belong on a household basis.

    2.After receiving the application, the villager group shall submit it to the villager group meeting for discussion, and publicize the reasons for the application, the location and area of the proposed land, the floor height and area of the proposed house, etc. within the scope of the group.

    3.If there is no objection to the announcement or the objection is not sustained, the villagers' group shall submit the farmer's application, villagers' group meeting minutes and other materials to the village collective economic organization or villagers' committee (hereinafter referred to as the village-level organization) for review. The village-level organization focuses on reviewing whether the materials submitted are true and valid, whether the proposed land for building houses conforms to the village plan, and whether the opinions of the adjacent rights holders for land and housing have been sought.

    4.If the review is passed, the village-level organization shall sign the opinion and submit it to the township **.

    If there is no separate villager group or the homestead and housing construction applications have been handled by the village-level organization, the rural households shall directly submit an application to the village-level organization, and after being discussed and approved by the villagers' representative meeting and publicized within the scope of the collective economic organization, the village-level organization shall sign the opinion and submit it to the township **.

    Special reminder: the previous homestead application management is relatively relaxed, so there are many friends whose house area is exceeded, for this kind of area exceeding the standard, in the process of confirming the homestead rights, the state is also divided into historical stages to confirm the rights. If there is an area exceeding the standard, then when rebuilding the house, the excess area should be vacated.

    Therefore, for the sake of insurance, it is best for everyone to go through the land use procedures again before rebuilding the house.

  2. Anonymous users2024-02-11

    There is no real estate certificate in rural areas, only a homestead use certificate.

    First of all, the villagers in this village can transfer the homestead when they buy it, and those in other villages cannot go through the transfer procedures;

    Second, if two households are jointly owned, the transfer must be agreed by both families.

  3. Anonymous users2024-02-10

    Secondly, you must agree to the transfer of ownership.

    In rural areas, there is only a homestead use certificate and no property ownership certificate.

  4. Anonymous users2024-02-09

    The landlord said whether the original real estate certificate would continue to be valid after the house was renovated on his homestead.

    Renovating the house on the homestead, now the policy will be different from place to place. However, the general policy stipulates that the basic principle is that the old title certificate remains valid. Because the renovated house was on the original homestead, the location of the house was not changed.

    However, for the renovation of houses, under normal circumstances, all localities are required to declare the renovation first, and the construction can only be arranged after approval. Such a procedure is normal and legal. After an approved renovation, the original title document will continue to be valid as long as there are no changes to the homestead.

    However, if the landlord exceeds the approved plan when renovating the house, adds floors or increases the area occupied by the building to occupy the homestead, the increased part will be in trouble when encountering demolition and relocation. Just live in normal life, there is no problem.

  5. Anonymous users2024-02-08

    Summary. Hello, dear, after the house is rebuilt, the old real estate certificate is not valid. After the house is rebuilt, the original old title deed is no longer valid because the rebuilt house is no longer the same as the original house, and after the reconstruction, it is necessary to re-apply for the house legality certification and a new house title certificate.

    As a result, the old title deed will be cancelled or invalidated, and the new title deed will replace the old one.

    Is the old title deed still valid after the house is rebuilt?

    Hello, dear, after the house is rebuilt, the old real estate certificate is not valid. After the rebuilding of the house, the original old title deed is no longer valid, because the rebuilt house is no longer the same as the original house, and after the reconstruction, it is necessary to re-apply for the house legality certification and a new house title certificate. As a result, the old title deed will be cancelled or invalidated, and the new title deed will replace the original old Lupai title deed.

    Legal basis: According to Article 53 of the Regulations of the People's Republic of China on the Registration of Immovable Property, the immovable property registration shall be carried out after the reconstruction of the house. After the house is rebuilt, the original old house Chang property certificate is no longer valid.

    According to the provisions of the Property Law, the certificate of real estate right is a legal document that proves the right to the first judgment of the immovable property and other real rights, and only those who have obtained the certificate of real estate rights can enjoy the rights and interests of the immovable property.

  6. Anonymous users2024-02-07

    Dear, I'm glad to answer for you. The state-owned land use certificate is supervised by the State Land Administration, issued by the city and county people, filled in by the land management authority, issued to the units and individuals who use state-owned land in accordance with the law, and is kept by them. To reapply for a land certificate, the land application should be registered and relevant information should be submitted.

    According to Article 9 of the Land Registration Measures, the applicant shall submit the following materials according to different registration items when applying for land registration: (1) Application for land registration; (2) The applicant's identification materials; (C) land ownership ** certificate; (4) cadastral survey forms, parcel maps and parcel boundary site coordinates; (5) Proof of ownership of above-ground attachments; (6) Certificates of tax payment or reduction and exemption as provided by laws and regulations; (7) Other supporting materials. I hope my answer can help you, I wish you good health and all the best!

  7. Anonymous users2024-02-06

    Hello dear friends, photographing <>

    We will be happy to answer your legal analysis: a house with a title deed can be rebuilt. If it exceeds the original land area, it is an act of not having the right to occupy the land, and if the relevant approval permission is not obtained, it is an illegal building and may be forcibly demolished.

    Judicial forced demolition refers to the fact that if the expropriated person does not apply for administrative reconsideration or does not file an administrative lawsuit within the statutory time limit, and does not perform the decision to compensate for the mu of compensation, the people at the city and county level who made the decision to expropriate the house shall apply to the people's court for compulsory enforcement in accordance with the law.

  8. Anonymous users2024-02-05

    Summary. Hello, I am glad to answer for you: After the house is rebuilt, is the old real estate certificate still valid? Hello dear<>

    It doesn't work. After the house was rebuilt, the old title deed was no longer valid. In actual life, if the original old house is rebuilt into a new house, if there is no approval and consent to renovate, the old real estate certificate can only be used, and the old real estate certificate is not valid.

    If you do not have the procedures for reporting the year-to-year ratio due to the penalty, you cannot apply for a new real estate certificate, and you can only use the original real estate certificate. However, in this case, if there is a discount, there is only a discount according to the original old house, and it cannot be discounted according to the new house that has been rebuilt. If it is approved for reconstruction, the real estate certificate of the new house can be re-processed, and the old property will be invalidated.

    Because the structure of the old house and the new house are different, and the calculation of the service life (depreciation) is also different.

    Is the old title deed still valid after the house is rebuilt?

    Hello, I'm glad to answer for you: After the house is rebuilt, is the old real estate certificate still valid? Hello dear<>

    It doesn't work. After the house was rebuilt, the old title deed was no longer valid. In actual life, if the original old house is rebuilt into a new house, if there is no approval and consent to renovate, the old real estate certificate can only be used, and the old real estate certificate is not valid.

    If you do not have the procedures for reporting the year-to-year ratio due to the penalty, you cannot apply for a new real estate certificate, and you can only use the original real estate certificate. However, in this case, if there is a discount, there is only a discount according to the original old house, and it cannot be discounted according to the new house that has been rebuilt. If it is approved for reconstruction, you can re-apply for the real estate wheel certificate of the new house, and the old property will be invalid.

    Because the structure of the old house and the new house are different, and the calculation of the service life (depreciation) is also different.

    Pro, the original real estate burial certificate is invalid, because after the house is rebuilt, the real estate certificate needs to be replaced. 1. After the demolition of the old house, the owner should bring his ID card and real estate certificate to the window of the Housing Management Bureau of the Municipal Affairs Liquid Return Center to apply for cancellation of housing registration. 2. Before the construction of a new house, the homeowner shall obtain a planning permit for the construction project; After completion, the owner should apply for the initial registration of the house at the window of the Housing Management Bureau of the Municipal Affairs Center with the land certificate, construction project planning permit, housing quality certificate (more than 300 square meters), real estate surveying and mapping results report and his ID card.

    Pro, to sum up, after the house is rebuilt, the old real estate certificate is not valid, because the house needs to be approved and replaced when the house is rebuilt.

  9. Anonymous users2024-02-04

    Legal analysis: For the repair and renovation of the old house Bu Chang Jing House, the original real estate certificate is valid without changing the area and structure of the original house.

    Legal basis: Article 85 of the "Housing Registration Measures" In the event of any of the following circumstances, the person with the right to benefit shall apply for the registration of the change of ownership of the house after the relevant legal documents take effect or the fact occurs:

    1. The name or title of the owner of the house is changed;

    2. The location of the house is changed;

    3. The area of the house has increased or decreased;

    4. Dividing or merging houses with the same owner;

    5. Other circumstances stipulated by laws and regulations.

  10. Anonymous users2024-02-03

    Nowadays, many localities have stipulated that the rebuilding of old houses requires a new land use procedure. For example, the "Measures for the Administration of Housing Construction for Rural Villagers in Shanghai" stipulates that those who reconstruct, expand, or renovate houses on the original site or build new houses on land that are prone to excavation according to the plan shall go through the procedures for land use and implement the land use standards stipulated in these measures. In order to rebuild the old house, the land use procedures must be completed first.

    Many friends ask, what is the approval process for building houses in rural areas, demolishing the old and building the new? In fact, the approval procedure for the reconstruction of the original site is similar to that for the new construction in a different place. According to the provisions of the "Land Management Law", "Notice on Standardizing the Examination and Approval and Management of Rural Homesteads" and other documents, the residential land of rural villagers shall be reviewed and approved by the township **.

    The specific review procedure is as follows:

    Villagers submit a written application for homestead and building (planning permission) to the villager group where they are located - > the villager group meeting to discuss and publicize the location of the proposed land - > if there is no objection to the publicity or the objection is not established, it will be submitted to the village collective economic organization or the villagers' committee for review - if the > review is passed, the village-level organization shall sign the opinion and submit it to the township ** for review.

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