What are the five certificates of the developer, and which five certificates of the developer refer

The five certificates that developers should have usually refer to: state-owned land use right certificate, construction land planning permit, construction project planning permit, construction project construction permit, and commercial housing pre-sale license. The certificate of land use right in China generally refers to the fact that the developer has signed a land transfer contract, and after paying all the land transfer money, he has obtained a certificate of right that can prove that the developer has the legal right to use the corresponding land, which is issued by the land management department.

[Legal basis].Measures of the People's Republic of China for the Administration of Pre-sale of Urban Commercial Housing》 Article 6 The pre-sale of commercial housing shall be subject to a licensing system. For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain the "Commercial Housing Pre-sale License".

If the "Commercial Housing Pre-sale License" has not been obtained, the commercial housing pre-sale shall not be carried out.

The five certificates of the developer are:

1. "Building Land Planning Permit";

2. Construction Project Planning Permit;

3. State-owned Land Use Certificate or Real Estate Property Certificate.

4. "Construction Project Commencement Certificate";

5. "Commercial Housing Sales (Pre-sale) License".

The most important of the five certificates should be seen two certificates, one is the state-owned land use certificate, and the other is the pre-sale license, these two should be legal and accurate, and there is no problem in general principle, especially the pre-sale license. In particular, it should be reminded that buyers must look at the original when checking the five certificates, and the copies are easy to cheat. Before signing the contract, it is important to see if the house you are pre-buying is within the scope of the pre-sale to ensure a smooth process of title deeds in the future.

The term developer has repeatedly hit the public eye, because it not only carries the aura and glory of urban construction, but also has been questioned by the public about its wealth values. A responsible, honest and thoughtful developer must face the times, face the society, and face the public to make their own value judgments and action responses. There are many developers involved in real estate.

The construction land planning permit and the construction project planning permit are the legal documents for the land and construction projects of the construction unit, and the land use unit without these two certificates is an illegal land, and its engineering construction is also an illegal building, and the real estate ownership certificate cannot be obtained. Despite the constant introduction of new real estate policies, the contradictions between developers and owners do not seem to be abating. It seems that there is still a process to go from having a law to follow to having a law to following it.

Which behaviors are in breach of contract can be pursued by the owner in accordance with the law. If there is a quality problem in the house during the warranty period, if the use function of the house is affected after the maintenance of the warranty unit, or the loss is caused to the purchaser due to the unqualified quality of the main structure, the developer shall be liable for compensation according to the project quality assurance certificate.

Article 6 of the Administrative Measures for the Sales of Commodity Housing implements the pre-sale permit system for the pre-sale of commercial housing. The pre-sale conditions of commercial housing and the procedures for the pre-sale permit of commercial housing shall be implemented in accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation and the Administrative Measures for the Pre-sale of Urban Commercial Housing.

"Five certificates"It refers to the "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit" (Construction Project Commencement Certificate), and "Commercial Housing Sales (Pre-sale) Permit".

Obtaining the five certificates for purchasing a house is a necessary condition for the developer to prove that he meets the conditions for the pre-sale of commercial housing. When signing the pre-sale contract of commercial housing, the buyer should check whether the developer has all the above-mentioned documents and approval documents.

Whether there are complete documents to indicate whether the purchase and sale of commercial housing belongs to the scope of legal transactions.

If the developer does not obtain the pre-sale permit certificate of the commercial housing, the pre-sale contract signed with the buyer may be invalid, and the five certificates cannot be reviewed accordingly. Then it is very likely that the developer will not be qualified to sell the house in the case of the first commercial house, at this time in fact, the interests of the buyers are very damaging, in reality, the developer often runs away with money, which will undoubtedly seriously damage the interests of the buyers.

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Legal analysis: 1. The five real estate certificates refer to the fact that real estate developers should have the "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "State-owned Land Use Certificate" and "Commercial Housing Pre-sale License" when pre-selling commercial housing. The State-owned Land Use Certificate is issued by the Municipal Bureau of Land Resources and Housing.

Legal basis: Provisions on the Administration of Qualifications of Real Estate Development Enterprises Article 3 Real estate development enterprises shall apply for the verification of enterprise qualification levels in accordance with these provisions. Enterprises that have not obtained the real estate development qualification certificate (hereinafter referred to as the qualification certificate) shall not engage in real estate development and operation business.

Regulations on the Administration of Urban Real Estate Development and Operation》 Article 22 Real estate development enterprises pre-selling commercial houses shall meet the following conditions:

1) All land use right transfer fees have been paid and land use right certificates have been obtained;

2) Holding construction project planning permits and construction permits;

3) According to the calculation of the pre-sold commercial housing provided, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined;

4) Have gone through the pre-sale registration and obtained the pre-sale license certificate of the commercial house.

The five real estate certificates refer to the "Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit" and "Commercial Housing Pre-sale License".

Among them, the "Construction Land Planning Permit" and the "Construction Project Planning Permit" are issued by the Municipal Planning Commission, the "Construction Project Construction Permit" is issued by the Municipal Construction Commission, and the "State-owned Land Use Certificate" and the "Commercial Housing Pre-sale License" are issued by the Municipal Land Resources and Housing Administration.

1. "Building Land Planning Permit": The construction land planning permit is a procedure that must be gone through after applying for a construction land planning permit. It refers to the legal documents that the location, height, floor area ratio and other legal documents of the construction project are in line with the urban planning before the developer and the construction unit apply to the land management department for the use of land, as determined by the local urban planning administrative department.

2. "Construction Project Planning Permit": The construction project planning permit is the legal certificate for the land and construction project of the construction unit, and the land use unit without the certificate is an illegal land, and its engineering construction is also an illegal building, and the real estate ownership certificate cannot be obtained. It is the legal certificate that the construction project meets the needs of urban planning, and here it mainly means that the planning and design of the real estate project developed by the developer conforms to the urban planning.

3. State-owned Land Use Certificate or Real Estate Property Certificate: The State-owned Land Use Certificate is a legal certificate for units and individuals to use state-owned land, which is protected by law. It refers to the legal certificate of state-owned land use right applied by land users and development units and promulgated by local people.

In this certificate, the name of the land user, the location of the land, the use, the area of land use, the service life, and the scope of the "four to" are mainly indicated.

4. "Construction Project Commencement Certificate": The construction permit of the construction project is the legal certificate for the construction unit to carry out the construction of the project, and it is also one of the main bases for the registration of housing ownership. Construction projects without a construction permit are illegal buildings and are not protected by law.

5. The "Commodity Housing Sales (Pre-sale) License" is an approval document for the municipal and county people's real estate administrative departments to allow real estate development enterprises to sell commercial housing. The competent authority is the Land and Housing Management Bureau, and the certificate is uniformly printed, registered and approved and issued by the Municipal Land and Housing Management Bureau. When selling commercial housing, real estate developers should also hold a certificate of ownership if the house has been completed.

If the buyer needs to investigate the construction quality of the house, he can also check the "Project Acceptance Certificate" of the real estate developer.

1. "Building Land Planning Permit";

"Building Land Planning Permit" refers to the legal certificate that the location, height, and floor area ratio of the construction project conform to the urban planning before the developer and the construction unit apply to the land management department for the use of land, and the location, height, and floor area ratio of the construction project are determined by the local urban planning administrative department.

2. Construction Project Planning Permit;

The "Construction Project Planning Permit" is the legal certificate that the construction project meets the needs of urban planning, which mainly means that the planning and design of the real estate project developed by the developer conforms to the urban planning.

3. State-owned Land Use Certificate or Real Estate Property Certificate.

"State-owned land use certificate" refers to the legal certificate of state-owned land use right applied by land users and development units and promulgated by local people. In this certificate, the name of the land user, the location of the land, the use, the area of land use, the service life, and the scope of the "four to" are mainly indicated. Of course, if it is a new development in recent years, it may also be a "real estate property certificate".

Among them, there are two main properties in the column of land nature: allocation and transfer, and for commercial housing, it is basically land of the nature of transfer. And the difference in land use will also lead to the difference in the term of land use

The tenure of residential land is 70 years, and the tenure of commercial land is 40 years.

4. "Construction Project Commencement Certificate";

It is the legal certificate for the construction unit to carry out the construction of the project, and it is also one of the main bases for the registration of housing ownership.

5. "Commercial Housing Sales (Pre-sale) License".

Commodity Housing Sales (Pre-sale) License" is the approval document for the municipal and county people's real estate management departments to allow real estate development enterprises to sell commercial housing (if it is an existing house, the developer only needs to issue a completion record form).

The developer's five certificates are as follows:

State-owned land use certificate.

The state-owned land use certificate is a legal certificate for units and individuals to use state-owned land, which is protected by law.

2.Construction Project Planning Permit:

The construction project planning permit is the legal certificate for the land and construction project of the construction unit, and the land use unit without the certificate is an illegal land, and its engineering building is also an illegal building, and the real estate ownership certificate cannot be obtained.

3.Planning permit for land use for construction works.

The planning permit for construction land is a procedure that must be followed after applying for a planning permit for construction land.

4.Construction permit for construction projects.

The construction permit of the construction project is the legal certificate for the construction unit to carry out the construction of the project, and it is also one of the main bases for the registration of housing ownership. Construction projects without a construction permit are illegal buildings and are not protected by law.

5.Commercial housing pre-sale license.

The competent authority of the pre-sale certificate of commercial housing is the Xiamen Municipal Urban Comprehensive Development Management Office, and the certificate is uniformly printed, registered and approved and issued by the Municipal Development Office.

The most important of the "five certificates" are the land use certificate and the commercial housing pre-sale permit, both of which indicate that the purchased house is within the scope of legal transactions.

Five certificates: "State-owned Land Use Certificate" - issued by the Land Bureau, "Construction Land Planning Permit" - issued by the Planning Bureau, "Construction Project Planning Permit" - issued by the Planning Bureau, "Construction Project Construction Permit" - issued by the Construction Bureau, "Commercial Housing Sales (Pre-sale) License" - issued by the Housing Management Bureau.

When buying a house, in order to ensure the legitimate rights and interests of individuals, it is necessary to ask the real estate developer and the seller to provide the original of the "five certificates and two certificates". Two books: "Residential Quality Assurance Certificate" and "Residential Instruction Manual".

The specific way to check whether the five certificates are complete:

First, we can check it on the official website. Some cities have opened the ** to check the five certificates, and buyers can log in to the local ** to check the developer's five certificates. You can log in to the "XX City Real Estate Trading Center" to view the real estate projects that have obtained the "Commercial Housing Sales (Pre-sale) License".

Second, we can also go to the relevant departments for consultation. If the developer does not show it when pre-selling the commercial house, the buyer can ask it to show it, and the developer has a clear obligation to know, as a consumer, the right to know, and can also inquire with the real estate management department.

Third, we can go to the bank and ask about the "five certificates". It is necessary for buyers who do not know what to do with the situation to check with the bank before paying for it. Banks always play an important role in a series of aspects of a project, from land acquisition, approval to construction, especially when lending, and the review of the project and the developer is still relatively strict.

If there is a problem with the project, the bank will not be able to pass this pass, so I advise the majority of home buyers, if they really have no bottom in their hearts, they will go to the bank.

When buying a new house, you must look at the developer's five certificates, two books and one table.

The "five certificates" that developers must possess are: "state-owned land use certificate", which is a legal certificate that proves that the land user has paid the land use right transfer fee to the state and obtained the use right of a certain piece of state-owned land within a certain number of years; "Construction land planning permit" is a legal certificate for the construction unit to apply to the land management department for requisition and allocation of land, and the location and scope of the construction project are confirmed by the urban planning administrative department to comply with the urban planning; The "Construction Project Planning Permit" is a legal certificate that the construction project meets the requirements of urban planning; Construction permit for construction projects. "Commercial Housing Sales (Pre-sale) License".