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Negotiate as a house gift to handle the transfer of house property rights, which can save a lot of costs! With the ID cards, marriage certificates, real estate certificates, land certificates, and gift contracts of both parties to the house donor, you can apply directly to the local housing management department.
The whole process of the transaction is roughly divided into the following stages: 1. The buyer and the seller establish information communication channels, the buyer understands the overall status of the house and the property rights, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents. 2. If the house provided by the seller is legal and can be listed for trading, the buyer can pay a deposit for the purchase of a house (paying the deposit for the purchase of a house is not a necessary procedure for the sale and purchase of commercial housing), and the buyer and seller sign a house sale contract (or house sale contract).
After the buyer and seller reach an agreement on the location of the house, the status of property rights and the transaction, the delivery time of the house, the delivery of the house, and the handling of property rights through negotiation, the two parties shall sign at least three copies of the house sale and purchase contract. 3. The buyer and the seller jointly apply to the real estate transaction management department for review. After the buyer and seller submit the application procedures to the real estate management department, the management department shall check the relevant documents, review the property rights, and approve the transfer procedures for the houses that meet the listing conditions.
4. Deed. According to the property rights of the transaction house and the object of purchase, the real estate transaction management department can apply for review and approval step by step according to the approval authority set by the transaction department in advance, and the two parties to the transaction can go through the deed formalities. At present, Beijing has abolished the real estate sale deed in the transaction process, which is commonly known as the "white deed".
5. Pay taxes and fees. The composition of taxes and fees is more complex and depends on the nature of the property being traded. For example, the tax composition of housing reform, dangerous housing and relocation housing, affordable housing and other commercial housing is different.
6. Handle the procedures for the transfer of property rights. After the parties to the transaction complete the registration of property right change in the real estate transaction management department, the transaction materials will be transferred to the issuing department, and the buyer will apply for a new property right certificate with the notice of obtaining the house ownership certificate. 7. For the buyer of the loan, after signing the house sale contract with the seller, the buyer and the seller will go through the loan procedures with the loan bank, and the bank will review the buyer's credit, evaluate the house that both parties want to trade, so as to determine the buyer's loan amount, and then approve the buyer's loan.
8. The buyer receives the house ownership certificate, pays off all the house payments, and the seller delivers the house and settles all the property fees.
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Hello, it is recommended to consult the relevant local authorities.
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The procedures for the transfer of ownership of a rural house are as follows:
Submit a written application to the real estate registration office where the house is located;
Submit proof of identity, proof of reason for registration and other required materials;
After the application is accepted, the materials will be reviewed;
If the registration conditions are met, it will be completed within 30 working days.
The land for rural houses is collective land, and the homestead land for building houses in rural areas is collectively allocated. Therefore, the transfer of rural houses does not need to pay various land taxes and fees in the same way as the transfer of urban houses.
1. Go to the township land office to apply;
2. Submit relevant materials;
3. The local land office shall conduct an examination based on the ownership information provided by the applicant;
4. Conduct surveys, surveys and announcements on the spot;
5. Report to the Land Bureau for review and registration;
6. Issuance of certificates.
The procedures for the transfer of ownership of rural houses are handled in **.
After submitting the relevant materials, the local land office will review the ownership information provided by the applicant, conduct surveys, surveys and announcements on the spot, and report to the land bureau for review, registration and issuance of certificates.
To go through the procedures for the transfer of the real estate certificate, you must go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate. To handle the real estate certificate transfer procedures, you must go to the district or city notary office (the original export commercial house to the city notary office) to handle the notarization of inheritance rights, and there are two kinds of real estate inheritance: one is testamentary inheritance, and the other is legal inheritance.
Legal basis
Interim Regulations on the Registration of Immovable Property
Article 15. The parties or their ** persons shall apply to the immovable property registration authority for immovable property registration.
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 20. The immovable property registration authority shall complete the immovable property registration formalities within 30 working days from the date of accepting the application for registration, except as otherwise provided by law.
Regulations for the Implementation of the Land Management Law of the People's Republic of China
Article 6. The competent departments of natural resources of the people's governments at or above the county level shall strengthen the construction of informatization, establish a unified basic information platform for land space, implement the information management of the whole process of land management, conduct dynamic monitoring of land use, establish a land management information sharing mechanism with relevant departments such as development and reform, housing and urban-rural construction, and disclose land management information in accordance with law.
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Legal analysis: 1. The transfer of rural housing sales needs to entrust surveying and mapping with drawings, entrusting assessment, paying taxes, applying for filling in forms, submitting documents for inspection, accepting registration, reviewing ownership, and paying fees to obtain certificates. 2. The transfer of farmhouse is conditional, and only the farmhouse that is within the scope of demolition can be transferred if both parties are in the same village (town) and do not belong to the scope of demolition.
Then both parties can go to the Rural Housing Office of the Housing Authority with the relevant documents.
Legal basis: Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property Article 27 Where the transfer of immovable property rights is caused by the following circumstances, the parties concerned may apply to the immovable property registration authority for transfer registration:
1) Buying, selling, exchanging, or donating immovable property;
2) Contributing capital (shares) at the price of immovable property;
3) Where legal persons or other organizations transfer their immovable property rights due to merger, division, or other such reasons;
4) The division or merger of immovable property results in the transfer of rights;
5) The transfer of rights is caused by inheritance or bequest;
6) The increase or decrease of co-owners and the change in the share of co-owned immovable property;
7) The transfer of immovable property rights is caused by the effective legal documents of the people's courts or arbitration commissions;
8) The transfer of real estate mortgage rights is caused by the transfer of the main creditor's rights;
9) The transfer of easement is caused by the transfer of the right to immovable property in the land to be eased;
10) Other circumstances of transfer of immovable property rights as provided for by laws and administrative regulations.
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The procedures for the transfer of ownership of a rural house are: bring the application for transfer registration, the identity certificate of the heir, the original notarial certificate of inheritance or the original notarial certificate of acceptance of the bequest or the original or copy of the effective court judgment (mediation document), the original house ownership certificate (original), the attached drawings of the house ownership certificate, the copy of the registration form in duplicate, the deed tax payment certificate or the tax reduction and exemption certificate to go through the transfer procedures.
Legal basisArticle 209 of the Civil Code.
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.
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.
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Legal analysis: The handling of rural housing license transfer is divided into the following situations: 1. The transfer of rural housing should be divided into situations.
If you build your own house, you automatically take ownership. It is necessary to bring the rural homestead use right certificate and household registration book to the relevant land and resources management department for confirmation and registration; 2. If the house is obtained through sale, there must be a valid sales contract signed by the buyer and the seller and registered with the housing authority.
Legal basis: Article 231 of the Civil Code of the People's Republic of China Where a real right is established or extinguished as a result of a factual act such as the lawful construction or demolition of a house, it shall take effect when the factual act is completed.
Land Management Law of the People's Republic of China》 Article 44 Where rural villagers apply for homestead land after selling, renting, or donating their dwellings, they shall not be approved. The State allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle homesteads.
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The process of transferring ownership of a rural house is as follows:
1. The parties go to the township land office to apply;
2. Submit relevant materials;
3. The local land office shall conduct an examination based on the ownership information provided by the applicant;
4. Conduct surveys, surveys and announcements on the spot;
5. Report to the Land Bureau for review and registration;
6. The certificate can be issued.
The procedures required for the transfer of rural housing include the registration application, the identity materials of the applicant and the first person, the power of attorney, the relevant real estate ownership certificates, the registration reason certificates, the real estate ownership certificate, the real estate boundary, spatial boundaries, areas and other materials, and the explanatory materials of the interests of others.
In any of the following circumstances, the immovable property registration authority may conduct an on-site inspection of the immovable property applied for registration:
1. The first registration of the ownership of buildings and structures such as houses;
2. Registration of mortgage rights of buildings under construction;
3. Cancellation of registration due to loss of immovable property;
4. For registration applications that may have ownership disputes or may involve the interests of others, the real estate registration agency may conduct an investigation with the applicant, interested parties or relevant units;
5. When the immovable property registration agency conducts on-site inspection or investigation, the applicant and the person under investigation shall cooperate.
Legal basis
Interim Regulations on the Registration of Immovable Property
Article 7 The registration of immovable property shall be handled by the people's ** real estate registration agency at the county level where the immovable property is located; The people of municipalities directly under the Central Government and cities divided into districts may determine that the immovable property registration agencies at the same level shall uniformly handle the registration of immovable property in their respective districts.
The registration of immovable property that crosses county-level administrative regions shall be handled separately by the immovable property registration agencies of the county-level administrative regions that cross county-level administrative regions. If it cannot be handled separately, it shall be handled through consultation by the real estate registration agency of the administrative region at the county level; If the negotiation fails, it shall be designated by the common people's ** real estate registration department at the next higher level.
The registration of forests, woods and forest lands in key state-owned forest areas, the approval of the sea and islands for the project, and the state-owned land used by state organs shall be prescribed by the competent department of land and resources in conjunction with relevant departments.
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Nowadays, it is also very common to buy and sell houses in rural areas, and we all know that real estate transactions need to be transferred, so as to protect our own interests. So how to transfer the ownership of a rural house? What are the procedures for the transfer of ownership of a rural house?
This is also a question that many friends want to know, so I have prepared some knowledge in this area for you, let's take a look. Nowadays, it is also very common to buy and sell houses in rural areas, and we all know that real estate transactions need to be transferred, so as to protect our own interests. So how to transfer the ownership of a rural house?
How to transfer ownership of rural houses
1. After signing the contract, the buyer and the seller need to bring the identity certificate, housing ownership certificate, household registration book, marriage certificate, sales contract, certificate of approval of the village committee to the sale and transfer, and the approval form of transfer to the surveying and mapping company of the housing management department to apply for surveying and mapping and issue a new surveying and mapping map;
2. Both parties shall bring the materials mentioned in (1) to the appraisal company entrusted by the housing management department and the tax department to apply for appraisal; After acceptance, the appraisal company shall issue an appraisal report on the entrusted appraisal house according to the appraisal procedure and pay the appraisal fee.
3. Both parties shall apply to the tax department for payment of deed tax with the materials mentioned in (2); After acceptance, the tax department carefully examines and examines it, issues a deed tax form, and pays the deed tax; Apply for payment (or reduction) of business tax and individual income tax, and the tax department will carefully review and issue a tax bill in accordance with the regulations;
4. Both parties bring (3) materials to the housing management department to apply for processing, and after the housing management department approves and approves, they will pay the fee and collect the certificate. However, it should be noted that you need to be registered in the village to buy and sell and transfer the house.
What are the procedures for the transfer of ownership of a rural house?
1. Application for registration; Proof of identity of the applicant; Certificate of Ownership of the House;
2. Proof of the right to use the homestead or the right to use the construction land collectively owned; Documents proving the transfer of property rights;
3. Other necessary materials; If the application is made for the registration of the transfer of villagers' housing property rights, the supporting materials of the rural collective economic organization's consent to the transfer shall also be submitted.
Tips: The homestead on which the rural house depends belongs to the rural collective members, so the buyer must be a member of the villager collective, and urban residents do not have the main qualification to buy rural houses. Rural villagers can only have one homestead per household, and villagers who already have a homestead are not allowed to apply for a homestead again.
Based on the content of the appeal, the homestead on which the rural house depends belongs to the members of the rural collective, so the buyer must be a member of the villager collective, and the urban residents are not qualified to buy rural houses, which is also what we need to pay attention to, and it is also beneficial for us to know more about this knowledge. The above is how to transfer the ownership of a rural house? What are the procedures?
I hope it will be helpful to you.
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