How long does it take to get the title deed after the off plan property is handed over

Legal analysis

If there is no agreement in the contract on the time limit for applying for the real estate certificate, then according to the relevant laws and regulations of the country: if it is an off-plan house, the developer must apply for the real estate certificate within 90 days from the date of delivery of the houseIf it is an existing house, you need to apply for the real estate certificate 90 days from the date of signing the contract.

In addition, if you buy a house in full (if you need to apply for a bank mortgage for a loan), you can also ask the developer for relevant information and go to the housing authority to apply for a real estate certificate, which is relatively short.

Legal basis

Measures for the Administration of Registration of Urban Housing Ownership".

Article 17 Where the ownership of the house is transferred due to the sale, exchange, gift, inheritance, allocation, transfer, division, merger, adjudication, etc., the parties shall apply for registration of the transfer within 30 days from the date of the occurrence of the fact.

Article 26: Within 30 days from the date of accepting an application for registration, the registration authority shall make a decision to approve the registration, suspend the registration, or refuse to register, and notify the right holder (applicant) in writing.

The title deed of the off-plan property can be obtained within 90 days from the date of delivery of the house.

Off-plan housing refers to houses that have not yet been built and are still on pre-sale, and the law clearly stipulates that the real estate certificate must be processed within 90 days from the date of delivery of the house.

Only when the house has been handled with the real estate certificate can the ownership of the house be clarified and the property right of the house can be proved.

According to Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts, if the buyer fails to obtain the housing ownership certificate within the following time limits due to reasons attributable to the seller, the seller shall be liable for breach of contract unless otherwise agreed by the parties:

1. The time limit for the registration of house ownership as agreed in the contract for the sale and purchase of commercial housing.

2. If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house.

3. If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.

It can generally be obtained within 90 to 180 days after handoverTitle Deed

After the delivery of the new house, the real estate certificate can generally be obtained within 90 to 180 days according to the contract, and it cannot exceed two years at most. If it is a contract for the purchase of a house.

If there is no relevant agreement, it shall be agreed in accordance with the relevant laws.

If it is the purchase of off-plan.

Then from the time of delivery, within 90 days, the developer must apply for the real estate certificate. If it is an existing house, it must be counted from the time of signing the contract, and within 90 days, the real estate certificate must be processed.

If it is not possible to apply for a real estate certificate

1. Although the developer has obtained a license to sell the house.

But the house has been mortgaged, and then the house of **. In this case, the buyer is unable to apply for the real estate certificate, and more seriously, the developer fails to repay the debt in time, and the buyer not only cannot apply for the real estate certificate, but may also have the right of residence.

None of them. 2. Before buying a house, buyers need to understand in advance whether the developer has handled the five certificates.

a book. After all, there are some developers who build houses in violation of regulations in order to increase profits. Once a buyer buys a house built in violation of regulations, he cannot apply for a real estate certificate.

3. If the buyer does not pay the relevant taxes and fees in time after buying the house, it is impossible to get the real estate certificate, or the buyer has no time and entrusts others to handle the property right certificate, but does not improve the entrustment certificate, then it is also impossible to get the real estate certificate.

Legal analysis: It takes about 3 months to get the real estate certificate after handing over the house. Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer will apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other documents, and the real estate management department will review the documents provided and issue the real estate ownership certificate if the conditions are met.

Legal basis: "Provisions on the Administration of Urban Real Estate Transfer" Article 7 The transfer of real estate shall be handled in accordance with the following procedures:

1) The parties to the real estate transfer sign a written transfer contract;

2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;

C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;

4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed;

5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;

6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.

Legal analysis: If there is no agreement in the contract on the time limit for applying for the real estate certificate, then in accordance with the relevant laws and regulations of the country: if it is an off-plan house, the developer must handle the real estate certificate within 90 days from the date of delivery of the house; If it is an existing house, you need to apply for the real estate certificate 90 days from the date of signing the contract.

In addition, if you buy a house in full (if you need to apply for a bank mortgage for a loan), you can also ask the developer for relevant information and go to the housing authority to apply for a real estate certificate, which is a relatively short time.

Legal basis: Administrative Measures for the Registration of Urban Housing Ownership

Article 17 Where the transfer of ownership occurs due to the sale, exchange, gift, inheritance, allocation, transfer, division, merger, adjudication and other reasons of the house, the parties shall apply for registration of the transfer within 30 days from the date of the occurrence of the facts.

Article 20 The registration authority shall, within 30 days from the date of accepting the application for registration, make a decision to approve the registration, suspend the registration, or not to register, and notify the right holder (applicant) in writing.

Within 90 days after the delivery of the house, the real estate property certificate can be obtained, which shall be executed in accordance with the contract. If the house has not yet been completed, the real estate property right certificate shall be processed within 90 days from the date of delivery of the house; If the house has been completed, the real estate property right certificate shall be processed within 90 days from the date of the conclusion of the housing contract.

Article 34 of the Administrative Measures for the Sales of Commercial Housing.

Real estate development enterprises shall, before the delivery of commercial housing, entrust units 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 real estate administrative department 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 going through the formalities for the change of land use rights and the registration of house ownership.

Article 577 of the Civil Code.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.