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The real estate certificate, that is, the "house ownership certificate", refers to the certificate that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law, and is the legal certificate for the state to protect the ownership of the house in accordance with the law. In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.
Generally speaking, the property right certificate includes the "house ownership certificate" and the "land use right certificate", but in some places, it may also be the "real estate right certificate" issued by the housing management department and the land management department. Specifically, the housing ownership certificate includes the "Housing Ownership Certificate" and the "Land Use Right Certificate", and in some places, it may also be the "Real Estate Ownership Certificate" issued by the housing management department and the land management department.
The difference between the real estate certificate and the property right certificate is as follows: the real estate certificate is the certificate for the right holder to manage, operate, use and dispose of the real estate in accordance with the law. It mainly records the real estate and land related to the real estate purchased by the owner.
Such as the name and ID number of the right holder; parcel number, land use, land location, parcel area, age of the parcel; The name, building number, house number, use, construction area, completion date, construction purchase price, and other rights of the real estate, etc. The real estate certificate issued now is a real estate property right certificate made by combining the original "house ownership certificate" and "state-owned land use right certificate" into one, and the main difference between the two is that the "real estate certificate" records both land documents and housing documents, which is a unified registration of land use rights and house ownership. However, the original "House Ownership Certificate" did not record the status of land use rights.
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1. The real estate ownership certificate includes the real estate certificate.
In fact, the full name of the real estate property certificate that people talk about is the real estate property right certificate of the People's Republic of China, which is referred to as the real estate property certificate. Generally speaking, the real estate ownership certificate includes a very variety of certificates, such as the more common real estate certificate, land certificate, forest land certificate, etc.
2. The content of the certificate is different.
The content of the real estate certificate only includes the information of the property owner, the location of the house, the common ownership of the property right, the registration time of the house, the planned use of the house, etc., while the real estate certificate not only includes all the contents on the real estate certificate, but also includes the unit number of the real estate, the laser area and the term of use of the property right.
3. The supervision authority of the real estate ownership certificate and the real estate certificate is different.
The real estate certificate supervision unit is the Ministry of Housing and Urban-Rural Development of the People's Republic of China, and before the institutional reform, it was the Ministry of Construction of the People's Republic of China. The real estate certificate is supervised by the Ministry of Land and Resources of the People's Republic of China.
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The title deed is a single set of house documents, and the title deed includes a summary of all the real estate in your name.
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To put it simply, the property right certificate is larger than the real estate certificate, and the real estate certificate can only prove the ownership of the property right of the house, and the real estate certificate is only one kind of property right certificate, such as the real estate certificate, etc. What is now implemented is the real estate title certificate, which includes real estate and real estate.
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The real estate certificate is dedicated to the proof of property ownership of the house, and there are many types of property ownership certificates, such as intellectual property certificates, as well as other property certificates. It doesn't have to be all houses.
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The name is different, but it's actually the same.
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Legal analysis: the difference between the property right certificate and the real estate certificate: the house ownership certificate specifically includes the "house ownership certificate" and the "land use right certificate".
The real estate certificate, the certificate that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law, that is, the "house ownership certificate", is the legal certificate for the state to protect the ownership of the house in accordance with the law.
Legal basis: Article 60 of the Law on the Administration of Urban Real Estate Article 60 The State implements a system of registration and issuance of certificates for land use rights and house ownership.
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The difference between the property right certificate and the real estate certificate: the property right certificate is the certificate for the right holder to manage, operate, use and dispose of the real estate in accordance with the law. The real estate certificate issued now is a real estate property right certificate that is made by combining the original "Housing Ownership Certificate" and "State-owned Land Use Right Certificate" into one.
[Legal basis].Article 210 of the Civil Code.
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 217.
The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.
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1. The difference between the property right certificate and the real estate certificate is as follows:
1) The mechanisms they make are not the same. The Housing and Urban-Rural Development Bureau is the supervising authority for the real estate certificate, and the Land and Resources Bureau is the supervising authority for the housing property registration certificate.
2) The warrant number is different. When the real estate certificate is issued, it includes two different numbers, namely the ownership certificate number of the house and the building registration number; The house title registration certificate includes the real estate property number and certificate number;
3) The property right information is different.
4) One is the certificate of registration and the other is the certificate of ownership. The title deed is what really represents the ownership of the home.
2. Legal basis: Article 60 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
The State implements a system of registration and issuance of certificates for land use rights and house ownership.
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.
2. How to handle the property right certificate.
The process of handling the property right certificate is as follows:
1. The buyer and the seller shall bring the materials to the real estate management department to apply for the property right certificate within 30 days after the signing of the house sale contract;
2. The real estate management department reviews the materials;
3. The real estate management department verifies the transaction and conducts on-site evaluation of the house;
4. The buyer and the seller pay taxes;
5. Receive the property right certificate.
The real estate certificate is a certificate that the buyer obtains the legal ownership of the house through the transaction and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home. >>>More
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