There are not many houses, only real estate deeds, no land certificates

The land certificate can be processed.

Land certificate application process:

1. Obtain the application form for housing ownership registration (with the developer's seal), the housing strata division plan, the purchase invoice, and the map for the land certificate from the developer;

2. Pay for maintenance**;

3. Pay deed tax;

4. Apply for property right certificate;

5. Apply for land certificate.

There are three main types of land certificates issued by China:

1. Collective land ownership certificate. The people at the county level shall register the land owned by the peasant collectives, make land certificates, issue collective land ownership certificates, and confirm ownership.

2. Collective land construction land use right certificate. The people at the county level shall register the land owned by the collective for non-agricultural construction in accordance with the law, issue the right to use the land for collective land construction, and confirm the right to use the land for construction.

3. State-owned land use right certificate. The people at or above the county level shall register the state-owned land used by units and individuals in accordance with the law, issue the state-owned land use right certificate, and confirm the state-owned land use right.

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Now when buying commercial housing, when handing over the house, the developer often only gives the owner a real estate certificate, and there is no so-called land certificate. Let's take a look.

1. What is the matter that the house only has a real estate certificate and no land certificate?

The house only has a real estate certificate and no land certificate because the two certificates are merged together, so the commercial houses that are generally purchased now can only get the house ownership certificate or real estate property certificate, and the land use certificate information will be marked inside the house book.

2. What is the difference between the real estate certificate and the land certificate of the house?

1. The main body is different.

The house title deed of the house refers to the property, that is, the building itself, which is owned by the individual, and its property rights are permanent, and it can be used permanently only if the house is not damaged. The land use certificate refers to the proof of the use of the land occupied by the house, it is state-owned, and the individual only has the right to use, and the term of use is generally only 40 years, 50 years or 70 years.

2. The ownership relationship is different.

The house ownership certificate is the only certificate to prove the ownership of the property, and only the house with the property ownership certificate can be bought, sold, traded, transferred, leased, gifted, etc. The land certificate can only prove the service life of the land occupied by the house, and the land certificate cannot replace the real estate certificate, and the land certificate has two types: state-owned and collective-owned, and the house with the state-owned land certificate can be freely listed for sale, mortgage, etc., if the house with the collective land certificate wants to be mortgaged or sold, it needs to be agreed by the collective members.

Summary: The above is the introduction of the house only has a real estate certificate and no land certificate, and now the house purchased is basically only a house ownership certificate, which includes the land use certificate, I hope the content shared can give you some reference.

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Legal analysis: If it is a commercial house: it belongs to state-owned land and does not have a land certificate, you can go to the Land Resources Bureau to apply for the "State-owned Land Use Right Certificate" after the real estate certificate is down.

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 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.

Many people must know that they need to apply for a real estate certificate after buying a house, but when it comes to land certificates, some people don't know much about them, and they don't know the role of land certificates and what are the disadvantages. In fact, the land certificate is also one of the most important documents, if there is no land certificate will have a significant impact on the real estate transaction, thenCan I transfer ownership without a land certificate only with a real estate certificate?？What are the risks?

1. Can I transfer ownership without a land certificate with only a real estate certificate?

The real estate certificate and the land certificate are the proof that the owner owns the property and the right to use the land, the two are inseparable, if there is only one certificate without another certificate, the transfer can not be handled, and the lack of land certificate will bring risks to the rights and interests of the buyer: no land certificate means that the owner does not have the right to use the land, then when the land is occupied, the owner will not be able to protect his legitimate rights and interests.

Therefore, a house without a land certificate faces three major risks: although the real estate certificate is in its own hands, the land use right still belongs to the real estate developer, which cannot rule out the risk that the developer will mortgage the bank with the "big certificate" of the land use right; If the land certificate is not processed, some units may illegally transfer the land use right to others, causing the buyers to suffer unnecessary losses; The land use certificate and the real estate ownership certificate are not in order, which affects the listing transaction.

Housing and land is an inseparable whole, only for the registration of the certificate and the two rights are the same, the legitimate rights and interests of the property owner can be effectively protected, the land certificate is the legal certificate of the land right holder has the right to use the land in accordance with the law, a house should have the house ownership certificate and the land use right certificate, because only the two certificates are complete to the buyer can be regarded as having a complete right.

Therefore, if you buy a house with only a real estate certificate and no land certificate, then you will definitely be rejected when you handle the transfer, so don't think that the house only has the property ownership certificate and no land certificate, and you should quickly recover your land certificate.

2. What are the risks of only having a real estate certificate and not having a land certificate?

1. If you only get the real estate certificate but not the land certificate when you buy a house, then you will bear a certain risk, for example, it will be difficult for you to know whether the land use right of the property is mortgaged, and it will become very difficult for your house to be retraded, because according to the regulations, if the property is to be listed for trading, the real estate certificate and land certificate must be presented.

2. Since the house demolition assessment is the real estate market of the demolished house, the demolition compensation not only includes the value of the house ownership but also the value of the land use right, if you do not have a land certificate, then you may not get the corresponding compensation for the land use right in the demolition process.

If you want me to say that the house cannot be bought and sold without a land certificate, it cannot be sold and transferred in the later stage. If you only have a title deed and no land deed, it means that you are only buying a building built on someone else's land. If the house is involved in demolition and resettlement in the future, it will also encounter many problems.

Because the land certificate is not in your name, then the demolition fee will definitely not be available. The most troublesome thing is that if you want to close the property, it depends on whether the first landlord is willing to cooperate.

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There is no impact one, not all houses have real estate certificates and land certificates, and many houses that have been renovated and newly built only have real estate certificates, not land certificates. The procedures were simplified, and the two certificates were combined. Second, the State is now in the process of registering immovable property.

In the future, whether it is the real estate certificate, or the real estate certificate and the land certificate, it will be replaced with the "real estate property certificate of the People's Republic of China". Third, since March 1, 2015, the Interim Regulations on Real Estate Registration have officially entered the practical stage, which will play a fundamental role in the collection of real estate tax and promote the reform of a package of systems such as inheritance tax and property rights protection. Fourth, 15 cities such as Chengdu, Qingdao, Guangzhou, Hangzhou, Xiamen, Jinan, and Wuhan will be launched ahead of schedule, which means that the "real estate certificate" (property ownership certificate of the People's Republic of China) of residents in these cities will be successively replaced with "real estate certificate" (real estate property right certificate of the People's Republic of China).

Fifth, there is a difference between the new "real estate ownership certificate" and the "real estate certificate" held by the current residents, and the outer page of the "real estate certificate" is written in the upper right corner of the real estate registration mortgage right, remote registration, seizure registration and other registration types; The content of the inner page stipulates the right holder, the type of certificate, the certificate number, the common situation, the type of right holder, the reason for registration, the period of use, and the acquisition (in units of 10,000 square meters).

A house with a real estate certificate and no land certificate is considered an illegal building, which will have an impact on the future sale and transfer of the house.

If the house on this land needs to be demolished, no compensation will be paid without a real estate certificate, so the impact is still relatively large.

You can't sell the land without the land deed, and you can't rebuild the house, because you don't have that permission.

Now there is a column on the real estate certificate, and if there is a land use right, it will be written on it "state-owned land use right". I don't quite understand that there is no land use right for affordable housing, and the transfer of ownership needs to pay back the land discount, which is not necessarily true.

If you don't have a land certificate, it's an illegal building.

What is the problem with having a real estate certificate and not having a land certificate, only the real estate certificate and no land certificate are divided into two situations:

The first situation: commercial housing: belongs to state-owned land, there is no land certificate, you can go to the Land Resources Bureau to apply for the "state-owned land use right certificate" after the real estate certificate is down.

Paragraph 3 of Article 61 of the Urban Real Estate Management Law stipulates: "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 the 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." That is to say, China implements the principle of "consistent premises", you have obtained the ownership of the house, and have handled the real estate certificate, you can register the land use right with the land registration authority, and apply for the land right certificate.

The second situation: rural houses: belong to collective land, can not be handled by themselves, there is a collective large land certificate.

According to the Land Management Law, collective land is scattered and withered by peasant collectives, and collective land ownership certificates are issued to confirm ownership. For collective land construction land, the right to use the collective land for construction shall be issued and the right to use the land shall be confirmed. The process of applying for a land certificate:

1. For the transfer of housing and the transfer of land use rights, the house sale agreement, the house license, and the original land use certificate must be submitted.

2. The inheritance of the house together with the land use right shall be submitted for the gift, the house license, the original land use certificate, the notarial certificate or the signature agreement and street certificate of the user right holder.

3. The land registration of new houses shall be submitted to the land and planning department for building approval.

4. If the land certificate is lost or damaged, the land right holder shall file with the original issuing authority in a timely manner, apply for a new certificate, and make an announcement in the local newspaper. If there is no objection within 30 days from the date of announcement, the original issuing authority shall cancel the original land certificate and reissue a new certificate.

5. The division of sales, inheritance, and gift must be handled by both parties at the bureau.

6. In addition to submitting the above information, the entrusted agent must also provide a power of attorney signed and stamped by the client. There is no land certificate related to the house in the handling of the relevant issues need to actively practice the relevant regulations, to minimize their rights and interests can not be guaranteed, in the market economy of the purchase and sale of the house also need to be complete documents, otherwise their own interests will be difficult to maintain, so they need to pay more attention to the details of the law.