The question of how to apply for a real estate certificate Why do you need to apply for a real estat

The developer must first obtain a large title certificate before he is eligible to sell the house, and you are going to apply for the title certificate of your own house after you buy his house, which is right, there is no problem. The meaning of the large title certificate is that the whole building has property rights, so don't be afraid, start early, the real estate certificate can generally be processed in about a month. According to what you said, you are buying an existing house from the developer.

The so-called existing house means that the developer has gone through the "initial registration" of the house he has built and obtained the "large property certificate". It will sell the saleable house to you again, which is equivalent to "transferring" the house it legally owns to you, so it is a must for you and the developer to go through the "transfer registration" procedures to obtain the "small property certificate".

How can I buy a house to be protected by law? A little advice from a professional point of view is as follows:

1. The signed purchase contract must be standardized. Party A of the contract should be the same as the right holder on the large property certificate, and the contract must mention the number of the "large property certificate" that has been handled. Before signing the contract, you should ask for a copy of the property certificate to check it to prevent being deceived.

The payee on the purchase invoice should also be the same as the one on the contract.

2. Carefully check whether the house you want to buy is within the scope of the initial registration. Now some netizens have reported that the developer sold him a house that could not be directly sold, so that he could not handle bank mortgages and property rights transactions. Just because the house is not available for sale on the property certificate, this is the developer's confession after the incident.

How to identify and avoid? Teach you how to do it: If there is no list of saleable items on the property certificate, you can go to the inquiry window of the real estate exchange to check the "property owner" information and "other rights" status of the house.

"Other rights" reflects whether the house is currently in custody. Don't trust the other person's verbal explanation, and get the written materials. To be clear, not all the houses built by developers can be ***.

Some of them are unsaleable (e.g. property management houses, public ancillary buildings, etc.) including mortgages. The mortgage is not revoked, and the property cannot be traded.

3. To apply for a small property certificate, the state stipulates that both parties apply for it together, but one party can entrust the other party to come forward. If the developer is not willing to run directly, you can entrust you to handle it yourself. However, it still needs its assistance to provide various materials such as the purchase contract, the formal invoice for payment, the application for property registration, its power of attorney, the developer's business license, the copy of the legal person's ID card, and the copy of the large property certificate.

Note that these documents must have the developer's red seal on them.

If all of the above things go well, then all your transactions are legal, your own rights and interests will be protected by law, and you can avoid economic losses in case of problems with the other party. Property rights are protected by law.

Five certificates: "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "Commercial Housing Sales (Pre-sale) License".

Two books: "Residential Quality Assurance Certificate" and "Residential Instruction Manual".

The most important of the "five certificates" are the "State-owned Land Use Certificate" and the "Commercial Housing Sales (Pre-sale) Permit", both of which indicate that the purchased house is within the scope of legal transactions. Before buying a house, you must first see whether the developer's five certificates and two books are complete, especially the pre-sale license of commercial housing, and it is best to see the original. According to what you said, the developer has a big certificate and then goes to apply for a small certificate by himself, which gives me the feeling that it is the kind of house with collective property rights (for example, a property built by a company or university), if this is the case, there is no problem with living, but it will affect the future **, only internal employees can buy and sell.

The time for handling the housing certificate is generally 21 working days (excluding holidays), you have to first take the triple bill in hand to the developer to stamp, become an invoice, and then take the invoice to the local exchange where the property is located to go through the procedures, whether the house is legal premise you must ask whether it is a commercial house, and the developer's documents must be complete, only the documents are complete, you can get under the property certificate, do not listen to the developer's verbal words, you must see the certificate.

Hope you can buy a house that suits you.

It is recommended that you find a developer, negotiate with them, and let them do it on their behalf, so as to save unnecessary trouble and money.

1. The real estate certificate is a proof that the purchase of real estate is valid and legal. Mountain dust.

2. The real estate certificate is an effective proof document to solve the problems of real estate ownership disputes, property rights and other issues.

3. The real estate certificate is the legal basis for the reform of the housing system, the renovation of the old city, and the demolition of the Naina house.

4. The real estate certificate is the legal basis for real estate transactions, rentals, inheritance, etc. Chang Wei didn't.

The reason why the house can't get the title deed.

1) Reasons of the developer: If the project fails to pass the completion and acceptance, it cannot meet the standard of delivery.

2) The buyer's own reasons. For example, the buyer did not provide the relevant information and identification required by the housing registration authority.

3) Policy reasons. Due to some purchase restrictions in some areas, certain conditions cannot be met and the property right certificate cannot be processed.

Article 209 of the Civil Code stipulates that the creation, alteration, transfer and extinction of real estate 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.

1. For developers, the following main reasons cannot apply for housing ownership certificates: Projects developed using collectively owned land; Projects that have not been approved; Projects that have not obtained planning approval; Houses that do not have a sales permit and do not have a large title deed; Houses that have not been inspected or have failed to pass the inspection; The land or house has not been released from the mortgage; The developer has not paid the relevant taxes and fees. If it is the developer's fault, then it is necessary to find out what is the reason for not being able to meet the deadline of the house ownership certificate?

If the legitimacy of the Xiangguan is only due to the lag in acceptance or the developer's work efficiency is not high, then the developer should be urged to complete the obligations that should be fulfilled by the developer as soon as possible. If the project is illegal and can never apply for the house ownership certificate, then it is recommended that the buyer make a decision as soon as possible, or check out, or ask the developer to bear the loss, do not delay, so as not to delay the best time to solve the problem and expand their losses. 2. For home buyers, the main reasons for not being able to apply for the house ownership certificate are as follows:

The buyer did not pay the relevant taxes; Failure to provide the relevant information and identity certificate required by the housing registration and licensing authority; Entrusting another person to handle the real estate certificate but not issuing a power of attorney. If it is your own reason, you should actively cooperate with the developer and the competent authority for housing issuance, and strive to get the real estate certificate in the shortest possible time. For the issue of the house ownership certificate, it is recommended that the buyer make a clear agreement when signing the "Commercial Housing Sales Contract", such as agreeing that the ownership of the house will be transferred after the completion of the real estate certificate, or agreeing on the time limit for completing the house ownership certificate, such as 270 days, if it cannot be completed within the specified time limit, then give the developer a certain grace period, but the developer should bear a certain liability for breach of contract during the grace period, so as to urge it to fulfill its obligations as soon as possible.

If the application cannot be completed within the grace period, then the buyer can choose to move out and ask the developer to bear a certain percentage of the total price of the liquidated damages.

Legal analysis: The houses that cannot be registered for confirmation of ownership are:

1.indiscriminate occupation of farmland to build houses;

2.building houses in violation of the requirements of ecological protection red line control;

3.illegal purchase of homesteads by urban residents;

4.Small property right house, in the usual sense of small property right house refers to the construction on rural collective land, unpaid land transfer fees and other fees, the property right certificate is not issued by the state housing management department, but by the township ** or village committee issued by the house, also known as "township property right house".

Legal basis: "Land Management Law of the People's Republic of China" Article 37 Non-agricultural construction must use land sparingly, and where wasteland can be used, cultivated land shall not be occupied; Where inferior land can be used, good land must not be occupied.

It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarry, mine, and take soil on cultivated land without authorization. It is forbidden to occupy permanent basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

Buying a house, paying a down payment in the town, taking out a loan, living for several years, but the real estate certificate is delayed, I believe we have all heard of this situation, in practice, what situation can not apply for a real estate certificate? The first situation is that the developer has gone bankrupt or been disqualified, and cannot continue to go through the initial confirmation and registration of real estate, and obtain the "Real Estate Ownership Certificate", which is often referred to as real estate confirmation or application for a major certificate; In the second case, the developer has not obtained the land use certificate or has not paid the land transfer fee; The third possibility is that the developer mortgages the land or house to a bank, or a construction company, etc. , the debt has not been paid; In the fourth case, the developer fails to construct residential supporting facilities in accordance with the overall plan, or fails to hand over the residential supporting houses, and cannot pass the comprehensive acceptance; In the fifth case, there is an error in the area or reputation of the commercial house, and the excess area within a certain range needs to be paid according to the regulations, or the difference in the purchase price will be returned.

If the area error is not resolved, it will also lead to the inability to handle the property rights registration. In addition to the five situations mentioned above, there are other possible situations, such as the developer has not completed the filing of the completion of the burial, the developer has not obtained the measured data of the construction area, the developer has not cooperated in providing relevant information for the real estate certificate, the public maintenance ** has not been delivered, the housing deed tax has not been paid, etc., which pose an obstacle to the handling of the property right certificate.

Article 209 of the Civil Code of the People's Republic of China provides that 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 of the Civil Code of the People's Republic of China 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.

What are the circumstances of the real estate certificate, there is no clear auction method to handle the real estate answer certificate, I think that if the real estate certificate is not complete in the developer's ** procedures do not meet the requirements, it will not be able to handle the real estate certificate.

1. If the new house built by the developer has a quality problem, and it cannot pass the acceptance of the relevant departments, it will not have the conditions for delivery, and it will not be able to handle the real estate certificate.

2. If the house without five certificates can not apply for the real estate certificate, if the five certificates are incomplete, it means that the **does not have the qualifications**, and can not apply for the real estate certificate.

3. The house mortgaged by the developer, if the mortgage is not released, the real estate certificate cannot be processed.

How to apply for a real estate certificate.

1. Make sure that the developer has made the initial registration.

2. Go to the management department to collect and fill in the "Application Form for Housing (Land) Ownership Registration", and the developer needs to sign and seal after filling in the application form. Some developers will have a ready-made stamped ** in their hands, just go to the developer to pick it up and fill it out. You can ask the developer in advance which department the real estate certificate should be handled in, and then consult the department directly, saving you the trouble of traveling.

3. Take the surveying and mapping chart (table) because the surveying and mapping table is an important basis for the registration department to determine the area marked on the real estate certificate, so it is one of the necessary materials. You can apply for and receive the surveying and mapping form at the housing area measurement station designated by the developer, or go directly to the developer with your ID card to collect it, or you can apply to the registration department for surveying and mapping the area of the house.

4. The payment of public maintenance, deed tax, and public maintenance is generally collected by the community office in the area where the property is located, and some cities have begun to collect public maintenance by the bank. It should be noted that whether it is collected by the community office or collected by the bank, the payment voucher must be retained, and the payment voucher of these two payments is a necessary document for handling the real estate certificate, and once it is lost, it will affect the acquisition of the real estate certificate.

5. Submit application materials, which mainly include the following: stamped application form, housing sales contract, confirmation letter between the buyer and seller who signed the pre-sale contract on the house number, the measured area of the house and the settlement of the house price, the surveying and mapping form, the house registration form, the sub-household plan, the special receipt for special maintenance funds, and the deed tax payment or tax reduction and exemption certificate; Check the original copy of the buyer's identity certificate, submit the co-ownership agreement for the co-ownership of the house, and the prepayment certificate from the bank.

6. Collect the real estate certificate according to the specified time, be sure to keep the notice of receiving the certificate given by the management department, and collect the real estate certificate according to the time notified above. In addition, when paying stamp duty, property registration fees, and production costs, it is necessary to carefully check the records of the real estate certificate, especially important information such as area, location, name of the right holder, and ownership status.