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Title deeds can be handled by individuals. If you are buying a new home, you need to make sure that the developer you are buying has gone to the housing authority for initial registration before you can proceed with the registration of your own ownership.
To apply for a real estate certificate, you need to go to the housing authority of the city where you are located.
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1. The real estate certificate can be handled by yourself. The real estate certificate can be handled by the parties to the real estate management department where the real estate is located with the real estate transfer contract to apply, and the real estate management department will review the relevant documents provided, and make a written reply to whether to accept the application within 7 days. After verifying the materials, the real estate management department will go through the registration procedures for housing ownership and issue a real estate ownership certificate if there is no problem.
2. Legal basis: Article 210 of the Civil Code of the People's Republic of China 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 212.
Registration bodies shall perform the following duties:
1) Check the ownership certificate and other necessary materials provided by the applicant;
2) Inquire about the applicant on the relevant registration matters;
3) Truthfully and promptly register relevant matters;
4) Other duties provided for by laws and administrative regulations.
If the relevant circumstances of the immovable property applied for registration need to be further proved, the registration authority may require the applicant to supplement the materials and, if necessary, may inspect on the spot.
2. What materials are needed to apply for a real estate certificate?
The following documents are required to apply for a real estate certificate:
1. The original contract for the purchase and sale of the house and the original supplementary contract;
2. The original uniform invoice for the sale of commercial housing;
3. The original field surveying and mapping survey form and the floor plan of the strata subdivision of the house;
4. Tax payment certificate;
5. A copy of ID card;
6. A copy of household registration book or household registration certificate;
7. If you are married, you need a copy of the marriage certificate.
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At present, the handling of the real estate certificate is a concern for many buyers, if the developer has not successfully handled the real estate certificate, some buyers will be ready to apply for the real estate certificate by themselves, then, can the real estate certificate be handled by themselves? What are the procedures for individual processing? Let's take a look.
1. Can I apply for the real estate certificate by myself?
The real estate certificate can be handled by yourself, provided that there is a negotiation and contract between the buyer and the developer, or you can entrust the developer or the first company to handle the real estate certificate, if the purchased housing is a one-time payment, or the loan has been paid off, the buyer can handle it by himself; If it is a mortgage loan, the bank has written the clause in the housing mortgage loan contract that it is necessary to entrust the developer or the first company to handle the real estate certificate, and the buyer can only entrust the developer or the first company to go through the application procedures for the property right certificate, and the buyer shall pay the deed tax, stamp duty and other taxes by himself.
Therefore, before choosing the way to apply for the real estate certificate, the buyer must check whether the housing mortgage loan contract has relevant regulations.
2. What are the procedures for individual handling?
1. Make sure that the developer has completed the initial registration.
The purchaser shall, in the purchase contract, stipulate and limit the time for the developer to handle the initial registration, and clarify the liability for compensation that the developer shall bear if it is not handled in a timely manner.
2. Go to the management department to get the application form for housing land ownership registration.
Buyers first consult with the real estate developer about which specific department the real estate certificate is handled, and then directly inquire and handle it with the department.
3. Fill in the surveying and mapping form to determine the area of the house purchased on the real estate certificate.
4. Fill in**, seal and receive relevant documents.
5. Pay deed tax, public maintenance** and keep the payment voucher.
6. Submit application materials.
Summary: Can you handle the real estate certificate by yourself, what is the knowledge of personal handling procedures, I hope it can help you, if you want to know more, please continue to pay attention to Qeeka Home.
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Do I need to be present in person to apply for the real estate certificate?
I don't have to be present to handle the real estate certificate, but if I can't handle it on the spot, I need to go to the notary office to handle the "Notarial Certificate of Entrustment", and entrust the handling of the real estate certificate to the intermediary company or my trusted relatives and friends.
Precautions for handling real estate certificates:
1. To apply for the real estate certificate, you need to provide the original ID card, the original household registration booklet, the copy of the ID card and the copy of the household registration booklet.
2. The real estate certificate on behalf of the owner shall provide the power of attorney provided by the property owner, which must include: after receiving the real estate certificate, all the consequences shall be borne by the property owner. and a copy of the ID card of the representative and the original.
3. When applying for a real estate certificate, it should be noted that the source of the household registration certificate can not be used to replace the household registration book to apply for the real estate certificate, and if there is no household registration book, it is necessary to reapply for the household registration book before you can go to the housing authority to apply for the real estate certificate.
4. When handling real estate requisition, the original purchase contract and loan contract must be provided.
Do I need to be present in person for the transfer of the real estate certificate?
Do I need to be present in person for the transfer of the real estate certificate? If you can't go to the scene to handle it, then you can go to the notary office to handle the "Notarial Certificate of Entrustment", and entrust the intermediary company or your trusted relatives and friends to handle the real estate transfer procedures
1. The relevant right holder and his or her spouse need to go to the notary office with their ID card.
2. Bring ID card, household registration book, marriage certificate, property right certificate, entrusted notarization matters and other procedures.
Title Deed Transfer Process:
1. Sign a contract. Signing means that the seller's husband and wife and the first party go to the housing property supervision department at the same time to sign the "real estate sale and purchase contract", and the housing transaction shall be determined by the staff of the housing property rights supervision department or according to the appraisal report.
3. Registration. Registration means that after the buyer and the seller pay the relevant taxes and fees, the first party fills in the house ownership registration form and submits all the information to go through the property rights registration procedures as required.
4. Forensics. Evidence collection is a link, the first party to the property rights supervision department to receive the transfer of the new "house ownership certificate", then the entire transfer procedures are completed.
Can the reissue of the real estate certificate be entrusted to them?
Many people will think of asking others to help them reapply for the real estate certificate when they are busy with the real estate hail certificate, so can the real estate certificate be reissued to them?
According to the provisions of the "Housing Registration Measures", the registration of property rights shall be applied for by the parties, and if the agent is entrusted, the power of attorney, the original and photocopy of the ID cards of the property owner and the trustee shall be provided. If the overseas applicant entrusts an agent, the power of attorney shall be notarized in accordance with the relevant provisions of the state.
The real estate certificate can be handled on behalf of the agent, but the notarization must be handled before the real estate certificate can be handled, otherwise the real estate certificate can not be handled on behalf of the agent.
The parties can write a "Power of Attorney" to the agent, indicating the content, duration, scope of authorization and other matters, and the agent can use the "Power of Attorney" to help you handle the loss report and replacement of the real estate certificate.
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1. Transaction fee: paid by the seller.
Residential: 3 yuan square meter;
Non-residential: 10 yuan per square meter.
2. Registration fee: paid by the buyer.
Residential: 80 yuan;
Non-residential: (1) 80 yuan for a case of less than 100 square meters (including 100) square meters;
2) 100-500 (including 500) square meters below 120 yuan;
3) 500-1500 (including 1500) square meters below 200 yuan;
4) 1500-3000 (including 3000) square meters below 300 yuan;
5) 3000-10000 (including 10000) square meters below 500 yuan;
6) 800 yuan for more than 10,000 square meters.
3. Public funds for property management: paid by the buyer.
Residential: brick-concrete structure square meter, frame structure square meter;
Non-residential non-residential.
4. The cost of the house ownership certificate: one copy is free, and each additional copy is charged 10 yuan.
The tax item and tax rate of the property right transfer document is 5/10,000, and the tax basis is the amount contained in the document, which both the buyer and the seller must pay; The fixed tax rate of 5 yuan shall be applied to the tax item of "rights and licenses", and the buyer shall pay it.
6. Deed tax: paid by the buyer.
Residential: The first ordinary house purchased by an individual shall be paid according to the transaction amount, and the purchase of non-ordinary housing, the purchase of more than two sets by an individual, and the purchase of a unit shall be paid according to 3 of the transaction amount;
Non-residential: 3% of the transaction value.
4) To obtain the real estate certificate, you need to bring your certificate.
1. Invoices for paid taxes and fees;
2. The original ID card of the property owner is required for individual purchase, and the original ID card of the entrusted person is required for unit purchase;
3. Receiving list.
Note: When collecting the house certificate, the property owner needs to be present, if the property owner cannot be present to collect the certificate, the power of attorney or notarial certificate must be submitted.
Among them, the original contract and invoice must be provided, and the property right registration will be stored in the real estate archive.
Note: The purchase contract can be signed in duplicate by both parties as needed, in case of various procedures. For the specific number of invoices, the real estate invoices that have been enabled by the municipal local taxation department should be in quadruplicate, one for the developer's stub, one for tax declaration to the local tax, one for property rights registration, and one for the buyer's own receipt, please consult the Municipal Local Taxation Bureau for details.
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The process is as follows:
1. The applicant applies to the housing management office where the house is located; 2. Accepted by the local housing management office, and reported to the real estate exchange for final review after the preliminary examination; 3. The applicant goes to the housing management office where the house is located to obtain the "Real Estate Ownership Certificate".
According to Article 34 of the Administrative Measures for the Sales of Commodity Housing, real estate development enterprises shall, within 60 days from the date of delivery of commercial housing, submit the information required for the registration of housing ownership to the real estate administrative department where the housing is located.
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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 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 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 Where the immovable property registration authority receives the application materials for the registration of immovable property, 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 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.
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