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The specific process of replacing the old real estate certificate with a new certificate is as follows:
1.Application: The applicant shall go to the real estate registration office where the house is located.
2.Inquiry and acceptance: The real estate registration agency will verify the applicant's identity certificate, housing ownership certificate, real estate surveying and mapping report and other materials, and inquire about the applicant's registration intention and registration items.
4.Approval: The immovable property registration authority examines and approves the applicant's application and decides whether to approve the registration.
5.Certificate: If the registration is approved, the real estate registry will print the title deed.
7.Recorded in the register: After the property title certificate is printed, the property information needs to be recorded in the register.
8.Issuance of the certificate: Finally, the real estate registration authority issues the title deed to the applicant.
For a newly built house, if you have obtained the necessary materials such as a new house ownership registration application, house ownership certificate and house floor plan, you can apply for a new certificate according to the above process. If you have not obtained these materials, you need to apply for registration at the land management department first, and obtain relevant supporting documents, and then go to the real estate registration agency to go through the renewal procedures.
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1.Apply to the relevant authorities first;
2.Bring the real estate certificate, ID card and go to the local real estate registration agency to handle it;
3.Wait for the process of acceptance, review, and fee collection to get a new real estate certificate.
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Hello! The old house needs to be rebuilt because of its long age, and the village committee should be consulted to see that it needs to be declared ** There is no management department, and the area of the original homestead is not changed without changing the area, and there should be no need to renew the certificate.
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It is not necessary to replace the old title deed. The real estate certificate is originally a kind of proof of property rights, just like our ID card, to prove your identity, so you don't need to change the certificate. If the real estate certificate is old, as long as the right holder does not re-register, the old real estate certificate in his hand still has legal effect.
This kind of old title deed is recognized and recognized, both in law and in life and in the real estate center. When signing the purchase contract, you should clearly know the terms of delivery of the area, the loan issues, etc.
Measures of the People's Republic of China for the Administration of Urban Housing
Article 9. Housing ownership registration is divided into:
a) General Registration;
ii) Initial registration;
3) Registration of transfers;
4) Alteration of registration;
5) Registration of other rights;
6) Cancellation of registration. Article 10.
The registration of housing ownership is carried out according to the following procedures:
1) Accept applications for registration;
2) Ownership review;
c) Announcements; 4) Approve the registration and issue the certificate of ownership of the house.
Subparagraph (3) of this Article applies to registration where the registration authority deems it necessary to make a public announcement.
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Legal analysis: 1. The process of replacing the old real estate certificate with a new real estate certificate: 1. Application; 2. Inquire and accept; 3. Preliminary examination; 4. Examination and approval; 5. Certificate; 6. Charges; 7. Recorded in the register; 8. Issuance of certificates.
2. Acceptance conditions: 1. Application for Registration of Private Housing Ownership. 2. "Housing Ownership Certificate", and if there is a co-owner, it is also necessary to submit the "Housing Co-ownership Certificate".
3. Floor plan of the house. 4. A copy of the applicant's ID card (original verification), if entrusted to another person, the original power of attorney and a copy of the entrusted person's ID card (original verification); The original power of attorney (signed by the legal representative and stamped with the official seal of the unit), the ID card of the legal representative, the business license or the ** certificate of the organization and the copy of the ID card of the trustee (original verification) are required for the replacement (verification) of the unit, and the unit without the qualification of the person needs to submit the power of attorney of the superior legal person. 5. If the land or house is mortgaged, the mortgagee must submit a certificate of consent to replace (inspect) the "House Ownership Certificate".
Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 60 To obtain land use rights by way of transfer or allocation, you shall apply for registration with the local people's land management department at or above the county level, and the local people's land management department at or above the county level shall verify that the land use right certificate shall be issued by the people at the same 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 local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.
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A certificate that the buyer of the real estate certificate 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 "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.
In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house. According to China's current housing ownership registration system, housing registration is a statutory publicity method for the ownership of urban housing rights.
The title deed has the following notable features:
1. The real estate certificate can only be issued by the real estate authority.
2. The real estate certificate is a written proof of the ownership of a specific house, and can record the common ownership of the specific house and whether a security interest is created. Douchun is based on the principle of one thing, one right, and the real estate certificate is based on the principle of one house and one real estate certificate, that is, a house with the function of independent building structure and use of the group elimination (including the house that distinguishes all the houses) has only one ownership, and only one ownership registration can be registered in the real estate registration, and only one real estate certificate can be issued accordingly.
3. The real estate certificate can only be issued to the owner of a specific house, if the house is co-owned, in addition to the house ownership certificate, the co-ownership certificate can also be issued to the co-owner.
4. The real estate certificate is the ownership certificate issued by the registration authority to the specific right holder after the registration of the ownership of the specific house, and the content of the real estate certificate should be consistent with the content of the registration book.
Housing is an important real estate, and the transaction activities related to it are extremely common, so the real estate certificate is widely used in transaction activities. However, in practice, there are still many contradictions between the understanding of the real estate certificate and its nature, which can be summarized into the following two categories:
1. Reverse the relationship between the real estate certificate and the real estate register, thinking that the real estate certificate is the only legal document to prove the ownership of the house, and the register is only the file of the real estate certificate.
2. Confuse the nature of the certificate with **, thinking that the real estate certificate has the nature of ** or the role of resistance, which can represent the ownership of the house recorded on it.
Civil Code of the People's Republic of China
Article 217 The certificate of ownership of immovable property is 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.
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Hello, the procedures for replacing the old real estate certificate with a new certificate are: 1, application 2, acceptance 3, review 4, payment 5, renewal application materials: 1, housing ownership inspection (replacement) certificate application form 2, housing ownership certificate (mortgage, need to submit other housing warrants at the same time) 3, housing ownership certificate with drawings (provided by a qualified real estate surveying and mapping agency) 4, marital status certificate 5, property rights and spouse's documents (check the original, receive copies) 6, the registration authority deems necessary other relevant certificates, It takes about 7 days to get a new real estate certificate.
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The old title deed does not necessarily have to be renewed.
The old real estate certificate does not necessarily have to be renewed, and at present, the old real estate certificate still has legal effect. As long as there is no registration of mortgage, change, transfer, etc., there is no need to replace the certificate, and the original real estate certificate can continue to be used. For the previous houses, they were all old certificates, and now most of the imitation calendars are new certificates, and many people will be entangled in whether to replace them.
In the past, the old real estate certificate was called the real estate certificate, but now the certificate is uniformly called: "real estate property certificate" and "real estate property registration certificate". A *** has now been added to the certificate as a symbol for storing real estate registration information.
As long as the *** on the certificate, you can get the number of the immovable property immediately.
How long does it take to replace the old title deed?
1. At present, if the old real estate certificate needs to be replaced with a new policy, it generally takes about 30 working days to get the new real estate property certificate.
2. The replacement of the property certificate of the old house auctioneer needs to go through the application of consulting Li and asking and accepting the preliminary examination and approval of the certificate and the fee recorded in the register of the certificate, the whole process is more troublesome, first of all, the corresponding information must be prepared: "Application for Registration of Private Housing Ownership", "Housing Ownership Certificate", if there is a co-owner, it is also necessary to submit the "Housing Co-ownership Certificate" and the floor plan of the house.
3. A copy of the applicant's ID card (and the original), if it is entrusted to another person, the original power of attorney, and a copy of the trustee's personal skill certificate (and the original); The original power of attorney (signed by the legal representative and stamped with the official seal of the unit), the copy (and original) of the ID card of the legal representative, the business license or the ** certificate of the organization and the ID card of the trustee (and the original), and the unit with no legal personality needs to submit the power of attorney of the superior legal person.
4. If the land or house is mortgaged, the mortgagee must submit a certificate of the mortgagee's consent to replace the "House Ownership Certificate".
The above content refers to the encyclopedia - real estate certificate.
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Article 15 of the Regulations on the Registration of Immovable Property shall apply to the immovable property registration authority for the registration of immovable property. The applicant may withdraw the application for registration before the immovable property registration authority records the application for registration in the immovable property register. Article 16 The applicant shall submit the following materials and be responsible for the authenticity of the application materials:
1) Application for registration; (2) The identity materials of the applicant and the ** person, and the power of attorney; (3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; (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. The real estate registration agency shall disclose the information such as the catalogue of materials required for application for registration and the sample text of the brief paragraph in the office and on the portal.
1. To apply for and accept the owner of the household, if you want to change the real estate certificate to the real estate ownership certificate, you need to have the property owner initiate an application, prepare the information according to the requirements of the local real estate trading center, and then go to the window to collect and fill in the ** of the replacement certificate. 2. After the review and issuance of the certificate, the real estate transaction center will conduct a step-by-step review according to the materials provided by the applicant, and then notify the applicant to bring the land use certificate and the house property right certificate to go through the renewal procedures, and the applicant can get the new real estate property certificate in about a week.
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