What are the conditions for applying for a real estate certificate?

Conditions for handling real estate certificates.

The conditions for handling the real estate certificate include providing your own personal information, and then there is a certificate of buying a house, and there is a real estate certificate that can only be applied for after the delivery of the house, if you have not delivered the house, it is not possible.

What is the simple process of applying for a title deed.

1. Initial registration: Initial registration is a necessary prerequisite for the developer to handle the real estate certificate process by himself. According to the "Administrative Measures for the Sales of Commercial Housing.

Article 34 stipulates that a real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the materials required for the application of the real estate certificate to the competent real estate department where the housing is located.

Generally, the time required by the competent authority to handle the initial registration varies from about 20 to 60 days, so after two or three months after the house is taken over, you can ask the developer about the initial registration, or you can go to the local real estate transaction information** to inquire.

2. Fill in the application form: After the application form is filled, the developer needs to sign and seal. 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 survey chart: because the survey and mapping table is an important basis for the registration department to determine the area marked on the real estate certificate, it is one of the necessary materials. You can go to the housing area measurement station designated by the developer to apply and get the survey and mapping form, or bring your ID card.

Pick it up directly from the developer, or you can apply to the registration department for a mapping of the area of the house.

Housing statement, copy of large real estate certificate, etc. The completed application form needs to be reviewed and stamped by the developer.

5. Pay public maintenance funds, deed tax: public maintenance**.

Generally, it is 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, and the payment method can be asked by the developer's staff. 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.

6. Collect the real estate certificate according to the specified time: Be sure to keep the notice given by the management department to receive the certificate, and collect the real estate certificate according to the time notified above. In addition, stamp duty is paid.

When it comes to 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.

Handling the real estate certificate seems to be a relatively simple thing, in which all the operation processes are also more complicated, what is the simple process of handling the real estate certificate and the real estate certificate, after reading the above introduction, you should have an understanding, you should follow the corresponding process to handle it more quickly, and at the same time, the materials and costs that need to be prepared when handling the real estate certificate are also very important.

Legal analysis: The following materials need to be provided to apply for real estate certificates: 1. The original house purchase and sale contract and the original supplementary contract.

2. The original uniform invoice for the sale of commercial housing. 3. The original field surveying and mapping survey form of the house and the floor plan of the strata household. 4. Tax payment certificate.

5. Buyer's ID card.

Legal basis: Article 3 of the Interim Regulations on the Registration of Immovable Property Article 3 The first registration, alteration registration, transfer registration, cancellation registration, correction registration, objection registration, advance notice registration, seizure registration, etc. of immovable property shall be subject to the Lao Huai Imitation Regulations.

Legal professionals reminded the owners that according to Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts, which came into effect on June 1, 2003, the interpretation in favor of the buyers: if the buyer who purchases the existing house fails to obtain the real estate certificate due to the seller's reasons within 90 days from the date of conclusion of the contract, the seller shall bear the liability for breach of contract; If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China. Interpretation in accordance with Article 19:

If the buyer of an existing house is unable to register the ownership of the house due to reasons attributable to the seller, and the buyer requests to terminate the contract and compensate for losses, the court shall uphold the buyer's request to terminate the contract and compensate for losses. If the property ownership certificate cannot be obtained due to the developer's reasons, the owner can take up the law to defend his rights.

What are the requirements for applying for a real estate certificate?

1. The construction of the real estate has been completed and passed the review and acceptance of the surveying and mapping department.

2. The development unit obtains the "initial registration certificate".

3. The buyer has signed the contract for the sale and purchase of commercial housing, paid the house payment, obtained the tax payment certificate, maintenance deposit certificate and other materials.

What is the process of applying for a real estate certificate?

1. It is to ensure that the real estate developer has completed the initial registration work. One step is the foundation, if the developer does not complete the registration on time, then the follow-up work cannot be carried out either. Under normal circumstances, buyers can apply for registration with the developer after 2 to 3 months of getting the house, and the registration can be completed in the working day.

2. Go to the management center to get the application form, and then fill in the application form in accordance with the relevant regulations. When filling in **, the owners can ask the staff in advance about the relevant precautions to avoid filling in the error.

3. It is necessary to prepare the necessary materials - surveying and mapping tables. After the owner obtains the survey and mapping form through legal means, he applies to the relevant department to test the area of the house, and this step can be completed.

4. It is to receive relevant documents. The owner prepares the purchase contract. A statement of the house and a copy of the large property. After the owner fills out the application form, he or she has to go to the real estate developer to change the seal.

5. It is the owner who pays ** and deed tax. The owner must pay the relevant fees to the community where the property is located or the designated bank, and the owner must take good care of the relevant materials, so as to successfully obtain the real estate certificate.

1. Confirm that the developer has carried out the initial registration: The necessary prerequisite for applying for the real estate certificate is to confirm that the developer has carried out the initial registration. According to Article 34 of the Administrative Measures for the Sales of Commodity Housing, real estate development enterprises shall, within 60 days from the date of delivery of commercial housing, submit the information required for the registration of housing ownership to the real estate administrative department where the housing is located.

2. Go to the management department to get and fill in the application form: the next thing is to go to the management department to get a "Housing (Land) Ownership Registration Application Form" and fill it out, but after the application form is completed, the developer needs to sign and seal. However, you can ask the developer in advance which department to handle the real estate certificate, which can save a lot of time.

3. Go to the relevant departments to get the surveying and mapping map (form): The surveying and mapping map (form) is also one of the necessary materials, because it is an important basis for the registration department to determine the area marked on the real estate certificate. We can apply and get the survey and mapping form at the housing area measurement station designated by the developer, or we can also bring our ID card to the developer to collect it and apply to the registration department for surveying and mapping the area of the house.

1. What to do if the content on the real estate certificate is written incorrectly.

1. If the content on the real estate certificate is written incorrectly, you can apply for correction. According to the laws of the People's Republic of China, if the right holder or interested party believes that the items recorded in the immovable property register are wrong, he may apply for correction of the registration. Where the right holder recorded in the immovable property register agrees in writing to make the correction or there is evidence to prove that the registration is indeed in error, the registration authority shall make the correction.

2. Legal basis: Article 220 of the Civil Code provides that if the right holder or interested party believes that the matters recorded in the immovable property register are wrong, he may apply for correction of registration. Where the right holder recorded in the immovable property register agrees in writing to make the correction or there is evidence to prove that the registration is indeed in error, the registration authority shall make the correction.

If the right holder recorded in the immovable property register does not agree to the correction, the interested party may apply for registration of objection. If the registration authority registers the objection, and the person applying for the registration does not file a lawsuit within 15 days from the date of the registration of the objection, the registration of the objection shall become invalid. If the opposition is improperly registered and causes damage to the right holder, the right holder may claim damages from the applicant.

The conditions for applying for the real estate certificate are:

a) The developer has made an initial registration of the property;

2) The application for registration of house ownership has been completed;

3) Relevant documents and surveying charts have been received;

4) All kinds of taxes and public repairs have been paid**.

[Legal basis].Article 61 of the Law on the Administration of Urban Real Estate.

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.

Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Legal analysis: First, the construction of the real estate has been completed and passed the acceptance; Second, the development unit obtains the "initial registration certificate". The above two conditions must be met at the same time before the housing registration department can apply for the property right certificate for the buyer.

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

Article 60 The State implements a system of registration and issuance of certificates for land use rights and house ownership in Oak.

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 people at the same level after verification 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 land use right certificate to the local people's real estate management department at or above the county level, 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 means that the bank shall handle it in accordance with the provisions of the relevant laws.

Article 62 When real estate is mortgaged, the mortgage registration shall be handled with the department prescribed by the local people's ** at or above the county level.

Where land use rights and house ownership are obtained as a result of the disposal of mortgaged real estate, the transfer registration shall be completed in accordance with the provisions of this Chapter.

Article 63: Where the people of provinces, autonomous regions, or municipalities directly under the Central Government determine that the local people** at or above the county level are uniformly responsible for real estate management and land management by a single department, they may make and issue a unified certificate of real estate rights, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be respectively included in the real estate right certificate.

The conditions required to get the real estate certificate are:

1) The property rights of the house are clear and the construction is legal;

2) Possess housing contracts, purchase invoices, house plans, housing verification certificates, tax payment vouchers and other materials required by real estate registration agencies.

[Legal basis].Article 16 of the Interim Regulations on the Registration of Immovable Property.

The applicant shall submit the following materials and be responsible for the authenticity of the application materials:

1) Application for registration;

2) Identification materials and power of attorney of the applicant and ** person;

4) Materials such as the site, spatial boundaries, and area of immovable property;

5) Explanatory materials on the interests of others;

6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations.

Article 211 of the Civil Code.

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.