What are the five certificates of the house?

The complete five certificates of the house refer to the state-owned land use certificate, construction land planning permit, construction project planning permit, construction project construction permit, commercial housing sales and pre-sale license. The most important of these five certificates are the state-owned land use certificate and the commercial housing sales and pre-sale permit, both of which indicate that the purchased house is within the scope of legal transactions. The pre-sale scope of the commercial housing sales and pre-sale permit is the saleable real estate of the project, and the buyer must see whether the purchased floor is within the pre-sale range.

Measures for the Administration of Pre-sale of Urban Commercial Housing".

Article 6. The pre-sale of commercial housing implements a licensing system. For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain the "Commercial Housing Pre-sale License".

If the "Commercial Housing Pre-sale License" has not been obtained, the commercial housing pre-sale shall not be carried out. Article 13.

If the development enterprise does not obtain the "Commodity Housing Pre-sale License" to pre-sell the commercial housing, it shall be punished in accordance with the provisions of Article 36 of the "Regulations on the Administration of Urban Real Estate Development and Operation".

"Five certificates"It refers to the "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit" (Construction Project Commencement Certificate), and "Commercial Housing Sales (Pre-sale) Permit".

Obtaining the five certificates for purchasing a house is a necessary condition for the developer to prove that he meets the conditions for the pre-sale of commercial housing. When signing the pre-sale contract of commercial housing, the buyer should check whether the developer has all the above-mentioned documents and approval documents.

Whether there are complete documents to indicate whether the purchase and sale of commercial housing belongs to the scope of legal transactions.

If the developer does not obtain the pre-sale permit certificate of the commercial housing, the pre-sale contract signed with the buyer may be invalid, and the five certificates cannot be reviewed accordingly. Then it is very likely that the developer will not be qualified to sell the house in the case of the first commercial house, at this time in fact, the interests of the buyers are very damaging, in reality, the developer often runs away with money, which will undoubtedly seriously damage the interests of the buyers.

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Legal analysis: 5 housing certificates include pre-sale permits, land certificates, construction land planning permits, construction permits, and construction project planning permits. In the process of buying a house, it is necessary to verify whether the developer has these five certificates, especially when buying off-plan housing, you must verify these five certificates before signing the purchase contract, so as to protect your interests.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 60 To obtain land use rights by way of transfer or allocation, you shall apply for registration with the local people's land management department at or above the county level, and the local people's land management department at or above the county level shall verify that the land use right certificate shall be issued by the people at the same level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws. If an individual applies for a real estate certificate, the following documents shall generally be submitted:

1. A copy of ID card; 2. Land use right certificate or legal land use certificate; 3. Construction project planning permit; 4. Floor plan of the house or sub-household plan; 5. If you want to do it, issue a notarized power of attorney and a copy of the ID card of the person in charge.

The complete five certificates of the house refer to the building land planning permit, construction project planning permit, state-owned land use certificate, construction project commencement certificate, and commercial housing sales (pre-sale) license. In the process of buying a house, it is necessary to verify whether the developer has these five certificates, especially when buying off-plan housing, you must verify these five certificates before signing the purchase contract, so as to protect your interests.

1. "Building Land Planning Permit" refers to the legal certificate that the location, height, and floor area ratio of the construction project conform to the urban planning before the developer and the construction unit apply to the land management department for the use of land, and the location, height, and floor area ratio of the construction project are determined by the local urban planning administrative department.

2. The "Construction Project Planning Permit" is the legal certificate that the construction project meets the needs of urban planning, which mainly means that the planning and design of the real estate project developed by the developer conforms to the urban planning.

3. "State-owned land use certificate" refers to the legal certificate of state-owned land use right issued by the local people after being applied for by land users and development units. In this certificate, the name of the land user, the location of the land, the use, the area of land use, the service life, and the scope of the "four to" are mainly indicated. Of course, if it is a new development in recent years, it may also be a "real estate property certificate".

4. The "Construction Project Commencement Certificate" is the legal certificate for the construction unit to carry out the construction of the project, and it is also one of the main bases for the registration of housing ownership.

5. The "Commodity Housing Sales (Pre-sale) License" is an approval document for the municipal and county people's ** real estate management departments to allow real estate development enterprises to sell commercial housing (if it is an existing house, the developer only needs to issue a completion record form).

Can you buy a house if the five certificates are not complete?

Generally speaking, it is better not to buy a house with incomplete certificates. Because the house with incomplete five certificates not only cannot get the property right certificate, but even the signed contract is invalid. Even if the buyer pays the money and signs the contract, the contract cannot be filed and registered in the real estate trading center.

And without the five certificates, it is not clear the nature of the house, and the developer will also confuse the nature of the house, for example: loft, soho and other houses are commercial land, not only the use of the year is short, the water and electricity bills are high, and even the deed tax is also high. At the same time, the developer does not have five certificates, which means that the developer does not have the qualification to build commercial housing, so there is no quality assurance for such a house.

A house is a real property, and a house without a title deed is not a house with property rights and is not protected by property law. Therefore, if there is a problem with the developer, the consumer will have no money and no money.