How to apply for the real estate certificate, how to handle the real estate certificate

Follow these steps to apply for a title deed:

1. The initial registration of the developer is a necessary prerequisite for applying for the real estate certificate by himself, and then go to the management department to collect and fill in the "Application Form for Housing (Land) Ownership Registration", which needs to be signed and sealed by the developer after filling.

2. Apply to the relevant departments and receive the surveying and mapping form, and ask the relevant departments to receive the application documents, which should be complete at one time.

3. Ask the developer's staff, pay public maintenance **, deed tax, and collect the payment voucher.

4. Submit the stamped application form, housing sales contract, surveying and mapping form, housing registration form and other relevant application materials, and obtain the real estate certificate according to the regulations.

Legal basis: Article 34 of the Administrative Measures for the Sales of Commercial Housing.

Article 34 Real estate development enterprises shall, before the delivery of commercial housing, entrust a unit with real estate surveying and mapping qualifications to carry out surveying and mapping according to the project, and the surveying and mapping results shall be submitted to the competent administrative department of real estate for examination and approval for housing ownership registration.

The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information required by it to handle the registration of housing ownership to the real estate administrative department where the housing is located.

Real estate development enterprises shall assist the buyers of commercial housing in handling the formalities for the change of land use rights and the registration of house ownership.

The process of applying for a title deed is as follows: make sure that the developer has made the initial registration; Go to the management department to collect and fill in the "Application Form for Housing (Land) Ownership Registration"; Take a survey (table); Collect the relevant documents; Pay public maintenance **, deed tax; Submission of application materials; Collect the title deed according to the specified time.

Legal analysis: 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 will verify and issue the house ownership certificate.

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

Article 61.

To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county 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.

Legal analysis: According to the relevant laws and regulations, if a private house wants to apply for a real estate certificate, the applicant can go to the real estate registration agency where the house is located to register, and if the registration conditions are met after review, the applicant will be given a real estate certificate.

Legal basis: Civil Code of the People's Republic of China

Article 209 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.

Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.

How to handle the real estate certificate.

1. Materials to be provided: The property owner's ID card, household registration book, as well as the contract signed when buying the house, the application form and other materials need to be provided.

2. Property rights registration: bring the above materials, apply to the local housing authority, the staff will review the materials, and the applicant will pay various taxes and fees according to the requirements, and also need to pay the voucher of the fee, and you can get a document after the audit is passed.

3. Get the real estate certificate: Wait until the specified time, bring your ID card to the housing authority to get the real estate certificate.

What are the main functions of the title deed.

1. The property right certificate is to prove that the house belongs to the owner, and in the later stage of the house transaction and sale, it can also be carried out normally.

2. If the property right certificate of the house is still not handled, then there will be a transfer and gift activity in the later stage, if you can't participate, if the real estate certificate is still not obtained, then in a legal sense, there is no way for the individual to really become the owner of the house, and the house activities are also invalid, and there is no way to be protected.

3. For the mortgage washing of the house, this is also to take the real estate certificate, if there is no real estate certificate, there is a relatively large risk, so the mortgage will not be made up for the year, and there is no real estate certificate, if it is demolished in the later stage, the occupants will not get the corresponding compensation.

4. Nowadays, there is no real estate certificate for small property rights houses, and there are many details to pay attention to when buying. When there is no real estate certificate, if the property right is still owned by the developer, the risk will be relatively large in the later stage.

Legal analysis: (1) stamped application form;

2) Housing sales contract;

3) Confirmation letter between the buyer and the seller who signed the pre-sale contract on the house number, the measured area of the house and the settlement of the house price;

4) Two copies of surveying and mapping form, housing registration form, and household plan;

5) Special receipts for special maintenance funds;

6) Deed tax payment or tax reduction certificate;

7) Proof of identity of the buyer (copy to check the original);

8) Submission of co-ownership agreement for co-ownership of the house;

9) Proof of prepayment from the bank.

Legal basis: Article 8 of the Interim Regulations on the Registration of Immovable Property Immovable property shall be registered with the immovable property unit as the basic unit. Real estate units have a unique code.

The immovable property registration agency shall, in accordance with the provisions of the competent department of land and resources, establish a unified immovable property register.

The immovable property register shall record the following matters:

1) The location, boundary, spatial boundaries, area, use and other natural conditions of the immovable property;

3) Matters involving restrictions or reminders of immovable property rights;

4) Other related matters.

The process of handling the real estate certificate is divided into the following steps: application - acceptance - inspection - on-site inspection (as the case may be) - payment of taxes and fees - registration in the real estate register - issuance of certificate 1, the party applying for registration or the person shall submit the application and related materials to the office of the real estate registration agency, such as: identity materials, if the person entrusted is the first person, there should also be the identity certificate materials and power of attorney; Housing ** certification materials, registration reason certification documents; materials such as the boundary site, spatial boundary, and area of the house; Explanation of the interests of others, etc.

2. If the immovable property registration agency accepts the application, it shall accept the application and notify the applicant in writing if it considers that the application materials are complete and in accordance with the statutory form. 3. After the immovable property registration agency accepts the application for immovable property registration, the immovable property registration agency shall also check the following contents: (1) whether the identity materials of the applicant and the entrusting person and the power of attorney are consistent with the subject of the application; (2) Whether the ownership materials or registration reason documents are consistent with the content of the application for registration; (3) Whether the results of the title survey such as the real estate boundary, spatial boundary, and area are complete, whether the ownership is clear, whether the boundary address is clear, and whether the area is accurate; (4) Whether the tax payment or payment vouchers stipulated by laws and administrative regulations are complete.

4. The real estate registration agency can conduct on-site inspection and payment of taxes and fees for the first registration of the ownership of buildings and structures such as houses, mortgages for projects under construction, and cancellation of real estate loss (note that it is not necessary); Taxes and fees and public repairs** will be required before you can collect your title deed. 5. If the registration authority considers that the ownership is clear, it shall record the registration items in the real estate register within 30 working days. 6. The immovable property registration agency issuing the certificate shall fill in and issue the immovable property ownership certificate according to the immovable property register.

[Legal basis].

Article 14 of the Interim Regulations on the Registration of Immovable Property provides that an application for registration of immovable property for sale, creation of mortgages, etc., shall be jointly applied for by both parties. In any of the following circumstances, the parties may apply unilaterally: (1) the immovable property that has not yet been registered applies for registration for the first time; (2) Inheriting or accepting a bequest to acquire immovable property rights; (3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts; (4) The name or title of the right holder or the natural condition changes, and the application for modification of registration is made; (5) The immovable property is lost or the right holder gives up the right to the immovable property and applies for cancellation of registration; (6) An application for correction of registration or registration of objections; (7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

Article 17 When the immovable property registration authority receives the application materials for immovable property registration, it shall handle them in accordance with the following circumstances: (1) if the application materials are within the scope of registration duties, the application materials are complete and conform to the statutory form, or the applicant submits all the supplementary and corrective application materials as required, it shall accept the application and notify the applicant in writing; (2) If there are errors in the application materials that can be corrected on the spot, they should be.

Entrust the developer, ** company to handle or apply for the real estate certificate yourself.

The main process of applying for a real estate certificate is as follows:

1. Registration. The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the materials required for the application of the real estate certificate to the competent department of real estate where the housing is located.

2. Submit an application. To apply for the real estate certificate, you need to apply to the housing management department, and the application form needs to be signed and stamped by the developer after the application form is filled.

3. Surveying and mapping. The survey and mapping form is an important basis for the registration department to determine the area marked on the property ownership certificate, so it is one of the necessary materials. You can apply for and receive the surveying and mapping form at the housing area measurement station designated by the developer, or go directly to the developer with your ID card to collect it, or you can apply to the registration department for surveying and mapping the area of the house.

4. Pay taxes. Before receiving the real estate certificate, you need to pay the relevant taxes and fees, and the public maintenance ** is generally collected by the community office in the area where the property is located, and some cities have begun to collect public maintenance ** by the bank, and the payment method can ask the developer's staff.

5. Obtain the certificate. After going through the above procedures, you can get the certificate, be sure to keep the notice of receiving the certificate given by the management department, and collect the real estate certificate according to the time notified above.

Legal analysis: for the handling of real estate certificates, 1. The parties applying for registration or the first person shall submit the application and related materials to the office of the real estate registration agency. 2. If the immovable property registration agency accepts the application and believes that the application materials are complete and in accordance with the statutory form, it shall accept it and inform the applicant in writing.

3. Check the identity materials of the applicant and the entrusted person, etc. 4. Steps for on-site inspection, payment of taxes and fees, first registration of ownership of buildings and structures such as houses, etc.

Legal basis: Article 14 of the Provisional Regulations of the People's Republic of China on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply. In any of the following circumstances, the parties may apply unilaterally:

(1) The immovable property that has not yet been registered applies for registration for the first time; (2) Inheriting or accepting a bequest to acquire immovable property rights; (3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts; (4) The name or title of the right holder or the natural condition changes, and the application for modification of registration is made; (5) The immovable property is lost or the right holder gives up the right to the immovable property and applies for cancellation of registration; (6) Applying for the demolition of Huai, requesting correction of registration or objection to registration; (7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

The process of applying for a real estate certificate is divided into the following steps: application - acceptance - inspection - on-site inspection (as the case may be) - payment of taxes - registration in the real estate register - issuance of the certificate.

1. Apply for registration.

The party or the person shall submit the application and related materials to the office of the real estate registration agency, such as: identification materials, and if the person entrusts another person to be the first person, there should also be the identity certificate materials and power of attorney; Housing ** certification materials, registration reason certification documents; materials such as the boundary site, spatial boundary, and area of the house; Explanation of the interests of others, etc.

2. Accepted by the real estate registration agency.

If the immovable property registration authority finds that the application materials are complete and in accordance with the statutory form, it shall accept the application and notify the applicant in writing.

3. Inspection by the real estate registration agency.

After accepting the application for registration of immovable property, the immovable property registration authority shall also inspect the following internal or literal capacity:

1) Whether the identity materials of the applicant and the entrusting person and the power of attorney are consistent with the subject of the application;

(2) Whether the ownership materials or registration reason documents are consistent with the content of the application for registration;

(3) Whether the results of the title survey such as the real estate boundary, spatial boundary, and area are complete, whether the ownership is clear, whether the boundary address is clear, and whether the area is accurate;

(4) Whether the tax payment or payment vouchers stipulated by laws and administrative regulations are complete.

4. On-site inspection and payment of taxes and fees.

In the case of the first registration of the ownership of buildings and structures such as houses, mortgages of projects under construction, and cancellation of immovable property, the real estate registration agency may conduct on-site inspections (note that it is not necessary);

Taxes and fees and public repairs** will be required before you can collect your title deed.

5. Registration. The immovable property registration authority considers that the ownership is clear, and shall record the registered items in the immovable property register within 30 working days.

6. Issuance of certificates. The immovable property registration authority shall, in accordance with the immovable property register, fill in and issue a certificate of ownership of immovable property.

Interim Regulations on the Registration of Immovable Property

Article 14 An application for registration of immovable property for sale, creation of mortgage rights, etc., shall be jointly applied by both parties.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time;

(2) Inheriting or accepting a bequest to acquire immovable property rights;

(3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

(4) The name or title of the right holder or the natural condition changes, and the application for modification of registration is made;

(5) The immovable property is lost or the right holder gives up the right to the immovable property and applies for cancellation of registration;

(6) An application for correction of registration or registration of objections;

(7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

Article 17 When a real estate registration authority receives an application for registration of immovable property, it shall handle it in accordance with the following circumstances:

1) Where it is within the scope of registration duties, the application materials are complete and conform to the statutory form, or the applicant submits all the supplementary and corrective application materials as required, it shall be accepted and the applicant shall be notified in writing;

(2) If there are errors in the application materials that can be corrected on the spot, they should be.