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It's not legal, it's not feasible.
According to Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate, the following real estate shall not be transferred: if the land use right is obtained by way of transfer, it does not meet the conditions stipulated in Article 39 of this Law; Judicial and administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law;
recovering the right to use land in accordance with law; co-ownership of real estate, without the written consent of the other co-owners; The ownership is disputed; Failure to register and receive a certificate of ownership in accordance with law; Other circumstances where laws and administrative regulations prohibit transfer.
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Since it is unlicensed, then there must be a risk in law, and if the attic is built on rural collective land, according to the current law, the relationship between you is still invalid, so it is recommended that you do not buy it.
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How long has the house been built, anyway, if the house is new and can't be demolished, it can be used for many years. You have to sign an agreement with the village committee, and let them change the contract and so on to yours, if it's all from the village, it doesn't matter, you have to sign the agreement if you are not from the village. I bought the attic, to the developer's ** to change the agreement, has not been licensed, but I want to buy a lot, but I really remind you that if you want to buy, you must change the contract and the like to yours, so that they can prove that the house is yours.
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There is no land certificate, and when it is forcibly demolished, there is no temper at all!
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It's not legal, it's not feasible.
According to Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate, the following real estate shall not be transferred: if the land use right is obtained by way of transfer, it does not meet the conditions stipulated in Article 39 of this Law; Judicial and administrative organs make rulings or decisions to seal up or otherwise restrict the rights of real estate in accordance with law;
recovering the right to use land in accordance with law; co-ownership of real estate without the written consent of the other co-owners; The ownership is disputed; Failure to register and receive a certificate of ownership in accordance with law; Other circumstances where laws and administrative regulations prohibit transfer.
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When the sale of an attic without a property right certificate is an expression of the true intention of the parties, it has legal effect, but the attic cannot be registered as a transfer. Search Oak.
Civil Code of the People's Republic of China
Article 143:Civil law enforcement that meets the following conditions is effective as early as possible: (1) the actor has the corresponding capacity for civil conduct, 2) the expression of intent is genuine, and 3) it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 209:The creation, alteration, transfer, and extinction of real estate rights shall become effective upon registration in accordance with law, and shall not take effect upon registration, except as otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.
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The attic and basement generally belong to the purchase of commercial housing, which is given by the developer. It is a ** means. The attic and basement are not approved by the housing management, and there is no corresponding property right certificate.
It is not possible to buy or sell a building without a title certificate, and even if a sales agreement is signed, it has no effect on a third party.
Risks of buying a titleless loft.
1. The attic does not have a property right certificate, so the buyer's purchase contract is an invalid contract from the legal point of view.
2. In the event of national land acquisition and demolition, since the attic does not have the legal property rights recognized by the state, the buyer actually only has the right to use the house for a long time, so the compensation for demolition is much lower than that of ordinary commercial housing.
3. Because the attic is not filed with the housing management department and is not within the scope of the unified management of the commercial housing by the first institution, in the process of using the house, if you encounter some housing quality problems and public facilities maintenance problems, you cannot effectively safeguard your rights.
4. Development funds and construction quality generally need to be supervised by banks and enterprises, and the attic is relatively weak in this regard, and there are almost no regulatory agencies that have the power of Zheng to lead the people, mainly relying on the self-discipline of developers for development and construction.
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First of all, from the perspective of national laws and policies, real estate without a property right certificate is not allowed to be traded. Because China stipulates that the purchase and sale of real estate is subject to the registration of ownership transfer (that is, the so-called "transfer"), the real estate without the property right certificate cannot be transferred, and the state does not protect the real estate transaction that does not reach the household.
Secondly, we also recommend that you do not buy this type of house, because without the title deed, you will not be able to take out a loan, transfer the property, or notarize, and the signed agreement will be invalid.
Third, if you can't handle the transfer without the title certificate, then the hidden risks will be very large, but the ownership of the property is still the original owner's. For example, if the original owner divorces the property, the property will be divided, and if he has debts sued, then the property will be listed as enforceable property by the court.
If the buyer is unable to obtain the real estate title certificate after moving in, the ownership of the house purchased by the buyer is still in a state of uncertainty, and the buyer will not be able to obtain the following rights:
1. Sales, gifts, replacements, inheritances, leases and other activities cannot be carried out, and even if relevant contracts are signed, they are invalid contracts and are not protected by law.
2. When the house is demolished, it is impossible to obtain compensation for demolition in accordance with national policies and relevant demolition regulations.
3. It is impossible to set up other rights such as mortgage rights and pawn rights, and the buyer cannot obtain a loan or bear other civil liabilities through a house mortgage.
4. If the real estate certificate cannot be applied for due to the illegal development of the project, the house purchased by the buyer is at risk of being forcibly demolished or auctioned.
5. When the developer is enforced due to a debt dispute, the real estate that has not been transferred is still the property of the developer and can be enforced by the developer's creditors in accordance with the law;
6. When the term of the land use right expires, it is not possible to apply for the continued use of the land.
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Don't buy a house without a real estate certificate: 1. No property rights; 2. Unable to apply for bank loans; 3. If it is demolished, the owner cannot get compensation; 4. The house may be used to pay off the developer's debt.
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Without a title deed, buyers generally won't consider buying it. There is no protection for the buyer when you buy it, you can't handle the transfer without the real estate certificate, and the property right will never belong to the buyer if you can't transfer the property. In addition, whether the attic belongs to you, because there is no real estate certificate, it depends on the contract signed with the developer when you bought the house, if the contract indicates that the loft is given to you, then the right to use the attic belongs to you.
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There is no way to trade without a real estate certificate, only notarization. When I bought a house, the attic was given, not in the area of the house, and it was impossible to get the property right when I bought a house, and it couldn't sell for much money.
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Do the math how much it will cost you to renovate your home
The attic is not recommended to buy without a real estate certificate, and the attic and basement are given by the developer, which is a means for the developer to attract users to buy. The attic and basement are not filed and approved in the housing management, and there is no corresponding property right certificate, for the building without the property right certificate, it is illegal to buy and sell privately, and the rights and interests of both parties are not legally protected.
How to decorate a house with an attic.
1. Figure out the type.
Before preparing for decoration, you need to find out the type of attic, whether it is a loft or a pure attic, and there are fewer types of pure attics. If it is a floor with an attic, it is generally not high, and it is advisable to design the fiber separation layer without destroying it, but the normal floor of the pure attic is about the same and can be used as a single space.
2. Improvement space.
Because the attic is lower than the normal house floor, the attic often gives people a sense of oppression, and in the design, this phenomenon can be resolved through color matching. You can use light, warm colors to help enhance the sense of space and make the area larger. However, the color of the decoration should not be used too much, otherwise it is easy to make the space more narrow.
3. Ventilation effect.
In a loft renovation, lighting and light are important design points, and if the attic windows are smaller, the lighting and ventilation will be less than ideal, and it will be less comfortable to live in. So we can remodel the windows to increase the amount of daylight, but only if the property is approved. At present, it is more common to install sloping roof windows in the attic, which is not only convenient for rainwater drainage and transportation, but also can effectively eliminate water leakage.
4. Choose furniture skillfully.
The attic shape is generally beveled or pointed, and due to the difference in space, the furniture selection is often more laborious, and most of them need to be customized with furniture. If it is an attic decoration with a sloping roof, you need to put more thought into it, not only to customize the furniture into a sloping attic according to the actual shape, but also to consider the utilization of space.
Enter the area and get the decoration for free**].
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