What should I do if the usable area on the land certificate and the real estate certificate are diff

The land on the land certificate is the area of the land use right, the floor area of the building, not the area of the house, usually according to the plot ratio to apportionment of the land, that is, the area of the house you are in divided by the area of the whole house and then multiplied by 78 square meters, the plot ratio of the property higher than 1 The land area of the property is definitely less than the area of the property.

The area on the house book is the construction area of the house, so the area of the real estate certificate and the land certificate is not the same, the real estate certificate can be handled according to the normal procedures, and the construction area on the real estate certificate should prevail.

In this case, you should ask the local ** department, he will tell you the solution, generally based on the number of areas of the real estate certificate. It is necessary to focus on the interpretation of the ** department.

The usable area on the two certificates is different, and the transaction shall be based on the usable area on the real estate certificate.

The area on the land certificate and the real estate certificate are generally different, because the real estate certificate indicates the actual real estate area, and does not indicate the shared area.

After the issuance of the real estate property certificate, the state-owned land certificate is withdrawn from the historical stage, and all information and data details are subject to the real estate certificate or house property right certificate.

Isn't it normal that the land and the house are not the same size?

Legal analysis: First of all, it is normal for the area on the real estate certificate to be inconsistent with the area on the land certificate, or even a large gap.

1. The area on the real estate certificate is the construction area of the house, including the apportioned area and the usable area of the house;

2. The area on the land certificate is the apportioned area of the land, generally speaking, the higher the floor, the more households, and the smaller the area on the land certificate.

3. If it is multi-storey or even high-rise, the land area may be much smaller than the construction area on the real estate certificate;

4. However, if it is a single-family villa, the land area may be more than the construction area of the real estate certificate.

5. For commercial housing, the land area only reflects the property rights of the land, and does not have the actual area. The size of the area on the land certificate has no effect, but it has a little impact when paying the land transfer fee.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 14 The maximum term for the transfer of land use rights shall be prescribed by ***.

Article 15 For the transfer of land use rights, a written contract shall be signed. The land use right transfer contract shall be signed by the municipal and county people's land management department and the land user.

16th land users must be in accordance with the transfer contract, pay the transfer of land use rights; If the land use right transfer fee is not paid in accordance with the transfer contract, the land management department has the right to terminate the contract and may request compensation for breach of contract.

17th land users in accordance with the transfer contract to pay the transfer of land use rights, the municipal and county people's land management departments must be in accordance with the transfer contract, to provide the transfer of land; If the transferred land is not provided in accordance with the transfer contract, the land user has the right to terminate the contract, and the land management department shall return the land use right transfer fee, and the land user may claim compensation for breach of contract.

18th land users need to change the land use agreed in the land use right transfer contract, must obtain the consent of the transferor and the municipal and county people's ** urban planning administrative departments, sign the land use right transfer contract change agreement or re-sign the land use right transfer contract, adjust the land use right transfer fee accordingly.

Article 19 The transfer of land use rights shall be handed over in full to the treasury and included in the budget for urban infrastructure construction and land development. The specific measures for the handover and use of land use right transfer fees shall be prescribed by ***.

Article 20 The State shall not take back the land use rights obtained by land users in accordance with the law before the expiration of the term of use agreed in the transfer contract; Under special circumstances, according to the needs of the public interest, it may be recovered in advance in accordance with legal procedures, and corresponding compensation shall be given according to the actual years of use of the land by the land user and the actual situation of the development of the land.

In the real estate renovation industry, the area of the land use certificate and the area of the property are two different concepts. The land use certificate refers to the legal certificate issued by the state to the land use right holder, while the real estate area refers to the actual construction area of the house. Although they are related, they are not necessarily identical.

First of all, the land use certificate area refers to the area of land on a specific plot, usually in square meters. This area includes the entire area of the plot, including non-building areas such as roads, public green spaces, etc. The area shown on the land use certificate is measured and approved by the relevant ** department and has legal effect.

However, the area of a property refers to the actual floor area of the house, which is also usually measured in square meters. The area of the property only counts the area of usable space inside the building, excluding the thickness of walls, balconies, stairs, corridors and other non-residential areas. This is because these areas are not usually used for living or storing items, so they are excluded when calculating the size of the property.

Therefore, the area of the land use certificate is not the same as the area of the property, the former includes the area of the entire plot, and the latter only counts the usable area inside the building. Home buyers should pay attention to the area of the property rather than the area of the land use certificate when buying a property. Buyers can get an idea of the actual floor area of the house by looking at the relevant architectural drawings and contracts.

In addition, it is important to note that the standards for land use certificates and property area may vary in different countries and regions. Therefore, when buying a property, it is advisable to consult with a professional or relevant department to ensure that accurate information is obtained.

To sum up, the area of the land use certificate and the area of the property are not consistent. Buyers should pay attention to the size of the property when buying a property and confirm the relevant area information when signing a contract with the developer. This is how you can guarantee that you will buy a home that meets your expectations.

Legal analysis: If the area recorded on the land certificate does not match the actual area used, you should find the competent land and resources bureau to apply for a new survey, request to verify the discrepancy between the area on the land use certificate and the actual use area, and request the local land and resources bureau to calculate the land area according to the field four to the boundary line, and re-register it in your land use certificate.

Legal basis: Article 5 of the Land Management Law of units and individuals using State-owned land in accordance with the law, by the land user to the land at or above the county level of the people's land administrative departments to submit an application for land registration, by the people at or above the county level to register and make a register, issue a certificate of State-owned land use rights, confirm the right to use. Article 56 of the "Several Provisions on Determining Land Ownership and Use Rights" If the four boundaries of land ownership or land use rights are consistent with the field, but the field area is inconsistent with the approved area, the land area shall be calculated according to the four limits of the field and the ownership or use rights of the land shall be determined.

The land on the land certificate is the area of the land use right, the floor area of the building, not the area of the house, usually according to the plot ratio to apportionment of the land, that is, the area of the house you are in divided by the area of the whole house and then multiplied by 78 square meters, the plot ratio of the property higher than 1 The land area of the property is definitely less than the area of the property.

The area on the house book is the construction area of the house, so the area of the real estate certificate and the land certificate is not the same, the real estate certificate can be handled according to the normal procedures, and the construction area on the real estate certificate should prevail.

How to calculate the floor area on the title deed and land deed.

1. There are generally three areas on the "Real Estate Warrant": the total construction area, the construction area in the suite and the apportioned construction area. The total floor area of a building refers to the sum of the horizontal projection area within the perimeter of the exterior walls (or pillars) of each building of the building.

Generally, it is based on the data measured by the surveying and mapping office under the Housing Authority. There is no physical measurement when applying for the real estate certificate, so sometimes there will be an area error.

2. Calculation of area error: area error ratio (actual valuation area, contract area) contract valuation area 100. If there is an error between the actual area and the area agreed in the contract, the error shall not exceed 3.

If it exceeds 3, the seller shall bear it, and the property right shall belong to the buyer. Below, less or less, how much refunded.

3. Under normal circumstances, it is clearly stipulated in the "Real Estate Sale and Purchase Contract" signed in the process of housing transaction that the area of the real estate certificate is generally registered as the construction area, including the area in the suite, the area of columns, walls and other structures and the public shared area.

4. The land use area of the land certificate is the floor area of the purchased house, for example, a piece of 100 square meters of land is used by two families, then the land use area belonging to each family is 50 square meters.

5. The land use area on the land certificate is that the more owners are used at the same time, the smaller the area, such as high-rise, the higher the floor height, the more owners, the smaller the area. However, there are exceptions, such as villas, where the land area is used by one householder, sometimes more than the area on the title deed, because he uses more space, such as gardens, rest areas, garages, etc.