Can resettlement houses be bought and sold without a title deed?

Legal analysis: 1. Some resettlement houses have ownership and can be bought and sold, and if there is only a right to use transaction, it is not protected by law, and there is no such thing as transfer. If the demolition and resettlement house belongs to the small property right house, that is, the land belongs to the collective land (or state-owned allocated land), this type of property is not allowed to be listed and traded before the ** is allowed.

2. Resettlement housing is a house built for the resettlement of demolished households when urban road construction and other public facilities construction projects are carried out. That is, the house that is demolished for urban planning, land development and other reasons, and resettled to the demolished person or tenant for residential use. If you say that your resettlement house does not have a real estate certificate, then it means that the nature of the land of your resettlement house is allocation, and the nature of the land is allocation, and the resettlement house is generally not allowed to be bought and sold, and the risks involved are very huge.

Legal basis: Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property Article 38 Those who apply for registration of the right to use state-owned construction land and the transfer of ownership of houses shall submit the following materials according to different circumstances:

1) Certificate of ownership of immovable property;

2) Contracts of sale, exchange, and gift;

3) Materials inherited or bequeathed;

4) Split or merger agreements;

5) Legal documents effective by the people's courts or arbitration commissions;

6) The approval documents of the people** or the competent department with the right to approve;

7) Proof of payment of relevant taxes and fees;

8) Other necessary materials.

If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.

Derivative question: Can parents directly transfer the house to their children when they demolish it?

1) Transfer of ownership of the house to children by way of transfer: The main costs of handling the transfer of the house are business tax, individual income tax and deed tax. Among them, the business tax is exempted for five years, and the individual income tax is also exempted, and only the deed tax and property transfer registration fee need to be paid, and if the property is less than five years, the business tax and individual income tax need to be paid, and the deed tax and property right transfer registration fee are paid at the same time.

2) Transfer the house to the children by gift: To handle the gift transfer, you need to pay individual income tax, deed tax and notary fees. There is no business tax on the transfer of gifts, because gifts are considered to be free gifts, so the donee is required to pay personal income tax, and at the same time, the gift transfer also needs to pay notary fees.

3) Transfer of the house to the children by inheritance: Compared with the sale and gift, the tax expenditure of the inheritance transfer is the lowest, because the inherited property has no business tax, individual income tax and deed tax, and only needs to pay the notary fee. The heir can handle the notarization of inheritance rights with the will, and go to the housing management department to handle the transfer and change of name with the notarial certificate of inheritance.

If the transfer of the real estate certificate does not go through a real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party named on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and signed, even if there is only one person's name on the real estate certificate).

Materials required by the seller: original ID card and a copy of ID card. If you are married, you need the original marriage certificate and a copy, the original real estate certificate, if one of the husband and wife is unable to be present, you must first write a power of attorney and then go to the justice bureau to notarize, household registration and a copy.

Materials required by the buyer: original ID card and a copy of the ID card, household registration book and copy, if you are single, you need to go to the Civil Affairs Bureau to open a single certificate. If there is no problem with the materials, you must go to the real estate bureau and fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.

Legal analysis: Resettlement houses cannot be bought or sold without property ownership certificates. Because the resettlement object is a specific resettlement household, the purchase and sale of this type of housing is not only regulated by laws and regulations, but also subject to local policies, so it is very different from general commercial housing transactions.

However, if the demolition and resettlement housing obtains the right to housing, and there is no provision for restrictions on external affairs, or the period of restriction on transfer has expired, such demolition and resettlement houses are no different from ordinary commercial houses, and such resettlement houses can be bought and sold.

Legal basis: Article 38 of the Law on the Administration of Urban Real Estate: Real estate that has not been registered and received a certificate of ownership in accordance with the law shall not be transferred.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal analysis: resettlement houses cannot be traded without property ownership certificates, resettlement houses need to live for more than five years, and need to have real estate certificates to be sold and traded, according to different places, resettlement houses can not apply for property rights certificates, if resettlement houses do not have property rights certificates for transactions, it is illegal.

Legal basis: Article 209 of the Civil Code of the People's Republic of China of the People's Republic of China The validity of the registration of immovable property rights The establishment, alteration, transfer and extinction of immovable property rights shall become effective upon registration in accordance with law: without registration, they 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. Note: The Civil Code of the People's Republic of China of the People's Republic of China came into force on January 1, 2021.

Because of the needs of urban planning, many areas are facing demolition, and more and more resettlement houses are appearing in the market, but some resettlement houses do not have real estate certificates, and their ** is relatively low. So can resettlement houses be bought and sold without a real estate certificate? Next, I will briefly introduce to you whether resettlement houses can be bought and sold without real estate certificates.

1. According to the relevant provisions of China's real estate management law, real estate that has not been registered to receive the ownership certificate shall not be transferred. Therefore, resettlement houses cannot be listed and traded without a real estate certificate. If the real estate certificate of the resettlement house has not been processed, the signed house purchase contract is valid, and according to the relevant provisions of the Property Law, if the property right has not been registered, the validity of the contract will not be affected.

However, there is a great risk in buying a commercial house without a real estate certificate, for example, the seller regrets mortgaging the house or **, and it is difficult to protect the interests of the buyer.

2. When you buy a resettlement house, you must investigate the property rights of the house. Resettlement housing is divided into low- and medium-priced commercial housing with ** allocation, and this kind of housing usually cannot be listed and traded for less than 5 years; If the developer purchases low- and medium-priced commercial housing, this kind of residential property can be listed and traded like ordinary commercial housing after obtaining the real estate certificate.

3. When you buy a resettlement house, you should distinguish the reasons why the house does not have a real estate certificate. If the title deed has not been processed, or the title deed is lost. We can wait until the seller has processed the title deed or reissued it before buying.

If the resettlement house itself cannot apply for a real estate certificate, then this kind of house is a small property right house, and the sale and purchase of the house is not protected by law.

Summary: Regarding whether resettlement houses can be bought and sold without real estate certificates, I will briefly introduce them to you here. I hope that after reading this article, I can provide you with reference and help when buying resettlement housing in the future.

Try not to buy resettlement houses without real estate certificates, because there is a great risk, and you must not lose a big one because of a small one.