How to reapply for the transfer of the real estate certificate without the land certificate

It is stipulated that the transfer of ownership of second-hand housing means that the land use right of the housing needs to be transferred together.

The parties concerned have completed the transfer procedures of the real estate certificate, and may require the seller to perform the housing sales contract and cooperate with the buyer to apply to the housing land management department for the transfer of the housing land use right.

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

Article 37 The transfer of real estate refers to the act of the owner of real estate rights transferring his real estate to others through sale, gift or other lawful means.

Article 41 For the transfer of real estate, a written transfer contract shall be signed, and the contract shall specify the method of obtaining the land use right.

Article 42 When real estate is transferred, the rights and obligations specified in the land use right transfer contract shall be transferred accordingly.

Article 61 To obtain land use rights by way of assignment or allocation, an application for registration shall be made to the local land management department at or above the county level, and the local land management department at or above the county level shall verify that the department at the same level shall issue a certificate of land use right.

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 real estate management department at or above the county level with the land use right certificate, and the local real estate management department at or above the county level shall verify and issue the house ownership certificate.

When real estate is transferred or changed, it shall apply to the local real estate management department at or above the county level for registration of real estate change, and apply to the land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the land use right certificate shall be replaced or changed by the department at the same level after verification by the 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.

You look at whether your title deed is a real estate deed or a house title deed.

If it is a real estate certificate, there is no need for a land certificate, and the two are combined into one!

As long as there is a property right certificate, you can apply for the land certificate transfer by yourself, and it is generally required that the property owner can go through the procedures for changing the name of the land certificate by himself three months after the transfer of the property right certificate.

Conveyancing process.

1. If the real estate certificate is transferred without a real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party with the name on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and signed, even if there is only one person's name on the real estate certificate).

2. After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.

3. After the application materials for the transfer of real estate are handed over to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt, which generally takes about 15 working days.

4. After the real estate transfer tax is paid, you can get the real estate certificate.

Extended Information: Land Deed Transfer Fee.

1. If the ** of the land on the original land certificate is transferred, only the handling fee needs to be paid.

2. If the land is allocated (the housing after the unit welfare is divided, and all the real estate after the public housing is converted to private housing), the land certificate must be transferred to pay 3% of the local land price, which is a big expenditure.

Land Deed Transfer Fee.

The above fees are subject to the conditions.

1. If the property right of the house has been more than two years, if it is less than two years, an additional business tax base will be charged, which shall be borne by the seller in principle.

2. The building area of the house is less than 140 square meters. If the area exceeds 140 square meters, (including 140) the deed tax is 3%.

3. The house is an ordinary commercial house. If it is a purchased public house, a land transfer fee must be paid.

Legal analysis: In the case of the transfer of the real estate certificate and the land certificate of the transfer, the parties need to bring the transferred real estate certificate and the land certificate that has not been transferred to the land bureau of the region to handle it, and the real estate certificate and land certificate will be taken away and re-processed to generate a new "real estate ownership certificate".

Legal basis: Interim Regulations on the Registration of Immovable Property

Article 4 The State implements a unified registration system for immovable property. The registration of immovable property follows the principles of strict management, stability and continuity, and convenience for the masses. The immovable property rights already enjoyed by the owner of immovable property in accordance with the law shall not be affected by changes in the registration authority and registration procedures.

Article 7 The registration of immovable property shall be handled by the people's ** real estate registration agency at the county level where the immovable property is located; The people of municipalities directly under the Central Government and cities divided into districts may determine that the immovable property registration agencies at the same level shall uniformly handle the registration of immovable property in their respective districts. The registration of immovable property that crosses county-level administrative regions shall be handled separately by the immovable property registration agencies of the county-level administrative regions that cross county-level administrative regions. If it cannot be handled separately, it shall be handled through consultation by the real estate registration agency of the administrative region at the county level; If the negotiation fails, it shall be designated by the common people's ** real estate registration department at the next higher level.

It is necessary to reissue the lost land certificate first, and then apply for the housing right certificate, as follows:

Take your identity certificate to the archives of the land management department and return to the room to check the files.

Bring proof of identity and photocopied dossier materials to the local newspaper office to issue a declaration of loss, and keep the materials for publishing the statement.

After three months, bring the materials and identity certificate containing the lost statement to the land management department to fill in the application approval form and apply for reissuance.

After the land management department accepts the acceptance, it will be publicized in accordance with the law and a new land certificate will be issued.

After that, follow the procedures to apply for the right to the house to pick up the sign.

According to the relevant provisions of Paragraph 2 of Article 22 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable Property, if the real estate ownership certificate (real estate certificate or land certificate) of the right holder is lost or destroyed, the right holder may apply to the real estate registration authority for loss reporting registration with the identity certificate (if the immovable property with other rights has been set up to report the loss, the other right holder shall issue a certificate of consent to report the loss and replace the certificate), and the real estate registration agency shall reissue it according to the application of the parties after 15 working days after publishing the loss statement on its portal**.

If the party concerned has applied for a loss report and the announcement period expires within 15 working days, the real estate title certificate can be reissued. The parties can also submit identity certificates, loss report announcements and other materials to supplement the certificate and transfer the transaction procedures together, so that there is no need for the service masses to run errands back and forth, which is convenient for the service masses.