The house has been filed with the housing authority, but the real estate certificate has not been co

Theoretically, it can be regarded as owning a house, but from a legal point of view, it cannot be regarded as owning a house.

Because there is no real estate certificate.

Before, it is not legally recognized. Only when the real estate certificate is handled can the property be regarded as truly having legal ownership. Therefore, it is still not legally considered to have a house.

Legal basis

According to the Civil Code

In line with the provisions of the Property Law, only the real estate property right certificate is valid.

Article 209

The creation, alteration, transfer and extinction of immovable property 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

Registration of immovable property.

It shall be handled by the registration authority of the place 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 governed by laws and administrative regulations.

Stipulate. Article 214

Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

Article 9 of the Property Law

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The real estate certificate is a document 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".

It is a legal certificate for the state to protect the ownership of the house in accordance with the law.

If your title deed is only issued later, don't worry, because the house will be yours sooner or later, but there are some things to be aware of during the period when you don't have a title deed:

1. Unregistered houses cannot be bought or sold. Even if the transaction is private, the transfer procedure cannot be completed.

2. Unregistered houses cannot be mortgaged.

3. Unregistered houses cannot be rented. If the rented house does not have a title certificate, and there is a dispute between the two parties (rent arrears or non-vacancy when it expires), the legitimate rights and interests of the lessor cannot be protected.

4. Unregistered houses cannot protect legitimate rights and interests. When the right holder is due to the property rights of the house.

In the event of a dispute or infringement with others, their rights and interests cannot be protected because they are unable to provide the property right certificate to the administrative, arbitratorial or judicial authorities.

5. Unregistered houses cannot be compensated. In the event of compensation for house demolition, the buyer may not be compensated because he does not have a title certificate.

6. Unregistered houses cannot be inherited or gifted. When a house is donated or inherited, it must be notarized. According to the regulations, without the property right certificate, the notary department will not go through the relevant procedures, and the rights and interests of the heirs and donees will not be protected.

In this case, it can be regarded as having a real estate by itself, although the real estate certificate has not come down, but his house has been signed and filed with the Housing Authority, even if he already has a house under his name.

Although the house has been filed with the housing authority, but the real estate certificate has not been issued, then it does not belong to your own property.

The house has been filed with the housing authority, but the real estate certificate has not been done, so it is considered that you have a property. If you have the procedures to buy a house, although you don't have a real estate certificate, if it goes through the legal process, I think you should also have a real estate.

The house you bought has been filed with the Housing Authority, but the title deed has not yet been issued. This is also your own property. Because you've already filed it. It is only a matter of time before the title deed is done. Hope it helps.

Although the real estate certificate is not done, the replacement of the house must be yours, of course, even if you have your own property, the real estate certificate will be done sooner or later.

The property that has been filed with the housing management department can be regarded as having a real estate by itself, which has little to do with whether the real estate certificate is handled or not.

Even if you have a house, if you apply for the subsistence allowance, you just don't, and I'm really helping you look forward to it.

It is your own property, however, it cannot be used as collateral without a title deed.

In a statement like yours, there is no property right without a title deed, and the title deed can represent the right to real estate.

Absolutely.

Not all property purchases and purchases are required to be recorded.

There is a considerable number of real estate sales directly to the housing authority for transfer registration, only those houses that cannot pay the house in one lump sum need to be recorded.

Of course, the only ones who can apply for the real estate certificate are those who have not sold or bought the property or the second-hand house that needs to be filed with the housing authority.

Not counted. 1.Although the house is filed with the Housing Authority, it is still not considered to have a property without a property ownership certificate, because the property ownership certificate is the only property ownership certificate;

2.The house has been filed with the real estate bureau, which can only mean that the house has a certain relationship with you;

3.Some have paid the money without the property ownership certificate, some agree to donate without the property ownership certificate, and some legal judgments do not have the property ownership certificate, but before the property ownership certificate is obtained, from a legal point of view, it is still not counted as their own house property rights.

According to the Property Law of the People's Republic of China

Article 31: Where real estate rights are enjoyed in accordance with the provisions of Articles 28 to 30 of this Law, registration is required in accordance with the provisions of law, and the real rights do not take effect without registration.

Therefore, although the house is filed with the housing authority, it is still not considered to have a property if it does not have a real estate certificate in law.

Legal analysis: This is not necessarily, for example, if you file a small property right, you will not be able to get a personal real estate certificate. Real estate certificate application process:

1. Provide the required materials.

2. Register property rights.

3. Handling of deed tax rate and payment certificate.

Legal basis: Administrative Measures of the People's Republic of China for the Sales of Commodity Housing

Article 3 The sale of commercial housing includes the current sale of commercial housing and the pre-sale of commercial housing. The term "commercial housing for sale" in these measures refers to the behavior of real estate development enterprises to give the buyer the commercial housing that has passed the completion and acceptance, and the buyer pays the house price. The pre-sale of commercial housing in these measures refers to the act of real estate development enterprises giving the commercial housing under construction to the buyer in advance, and the buyer pays the deposit or house price.

Article 4 Real estate development enterprises may sell commercial housing on their own, or they may entrust real estate intermediary service agencies to sell commercial housing.

Article 5 The construction administrative department is responsible for the sales management of commercial housing nationwide. The provincial and autonomous region people's construction administrative departments are responsible for the sales and management of commercial housing within their respective administrative areas. Municipalities directly under the Central Government, cities and counties of the people's construction administrative departments, real estate administrative departments (hereinafter referred to as the real estate development departments) in accordance with the division of responsibilities, responsible for the sales management of commercial housing within the administrative area.

1. Negotiation and settlement: If the developer is unable to apply for the property right certificate, there are two ways to negotiate and solve: one is that within a certain period of time, the buyer does not check out, and the developer should pay liquidated damages on a daily basis; There is also a type where the buyer checks out, and the developer pays a certain amount of liquidated damages.

If the two parties do not have much disagreement, after reaching an agreement, the two parties sign an agreement to agree on the way to bear the liability for breach of contract and the final way to deal with it, and the developer will compensate the buyer.

2. Send a lawyer's letter: If the negotiation fails, you can entrust a lawyer to send a lawyer's letter to the developer. A lawyer's letter can serve as a reminder and warning to the other party, urging the other party to take the initiative to take responsibility, which is much more convenient than the judicial channel, but the lawyer's letter is not mandatory, and if the other party refuses to compensate, it is still necessary to file a lawsuit.

3. Filing a lawsuit: If the developer still refuses to solve the problem after negotiation and sending a letter, he can sue the court to require the developer to continue to perform the contract or request to terminate the contract, and at the same time investigate the developer's liability for breach of contract.

Legal basisArticle 211 of the Civil Code of the People's Republic of China [Application Materials for Registration of Immovable Property] When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.

Article 217 of the Civil Code of the People's Republic of China [Relationship between the Immovable Property Register and the Certificate of Ownership of Immovable Property] The certificate of ownership of 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.

Hello, your house is not for the real estate certificate, or the real estate certificate has not been in your hands, as long as the contract for the sale and purchase of commercial housing is signed, the house has been filed with the housing authority, usually after the housing record, the housing authority can check whether there is a real estate.

The fact that the house is filed with the Housing Authority means that the real estate developer of the first-hand commercial housing will go to the Housing Authority to change the pre-sold commercial housing originally registered in his name to the sold commercial housing, and the buyer's information will also be filed with the Housing Authority, and the sold commercial housing will be reregistered in the name of the buyer.

If you only build your own house, then the housing authority must not be registered.

Hello, dear, you can buy. The house can also be renamed after it has been filed with the real estate bureau, and you need to apply for the real estate certificate first, and then change the name according to the real estate transfer process. If the commercial housing is not completed and accepted, it can be renamed, and it is necessary to issue an unfinished inspection report to the relevant units of the city, and the developer shall submit the reason for the contract name change; If the commercial house has been completed and accepted, it cannot be renamed.