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Title Deed. It can be handled one year after the handover of the house. It's just that at that time, the developer has basically completed the real estate certificate, and he may have some delay when he handles it for you.
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This is normal if you buy a first-hand house. Because after the developer acquires the land to build the house, the state only issues five certificates to the developer, namely: (1) state-owned land use certificate, (2) construction project planning permit, (3) construction project land planning permit, (4) construction project construction permit, (5) commercial housing pre-sale license.
You buy a house, just sign a purchase contract with the developer, the developer needs to hand over all the information to the housing authority for review, registration, and then convert the developer's five certificates into the real estate certificate of each household, and these jobs involve multiple departments, such as: housing authority, land bureau, local taxation bureau, etc., so it takes more than a year, which is normal.
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Yes, there is no national regulation, so you can do it again one year after receiving the house.
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Yes, no one stipulates when you can do it, you just need to handle it when you think you have time, anyway, it's yours to do it early, it's yours to do it late, it's yours sooner or later, it doesn't matter.
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The title deed can be in the class for one year after handing over the property. If you're taking out a loan. You have to wait for the loan to be paid off before you can process the real estate certificate.
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Many developers are in the entire community after the completion of the whole community, before starting to apply for the real estate certificate, some many years later, my family 16 years to buy a house, this year to apply for the real estate certificate.
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Yes, now we will apply for the real estate certificate after the delivery of the house.
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Yes, they all go to apply for the real estate certificate after the delivery of the house.
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You can do it whenever you want.
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Is it okay to apply for the real estate certificate in a few years after handing over the house, and will it be troublesome in the future?
Dear, hello, I am happy to answer for you: is it okay to apply for a real estate certificate in a few years after handing over the house, and will it be very troublesome in the future? A:
No. According to the relevant laws and regulations of the state, the acquisition of real estate ownership is subject to registration, and if the real estate certificate is not processed, it means that it is not registered, and there may be a risk that the seller will sell more than one house. If the real estate information is lost in the middle of the process, and the developer withdraws from the real estate market, it is more troublesome to complete the information, which increases the difficulty of handling the two certificates in the later stage.
The impact of late title deeds is that home buyers and developers have different responsibilities. If the buyer himself postpones the application for the real estate certificate, there is no fee such as paying a late fee, and you can wait for enough time to apply for the two certificates; However, there are certain risks associated with postponing the application for the two permits. If you need a house during this period, you can't do it without applying for two certificates; Even if you have applied for two certificates, the two certificates have not been over 5 years, and you need to pay the full amount of business tax, and the corresponding transfer tax will be much higher, which will affect you.
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Legal analysis: The state does not stipulate that the property ownership certificate can only be obtained after two years of delivery. If the house has not yet been completed, the processing time of the real estate certificate is within 90 days from the date of delivery of the house; If the housing has been completed, the processing time of the real estate certificate is within 90 days from the date of the conclusion of the contract; If the formalities are complete to apply for the real estate certificate, it is generally 15-30 working days.
Legal basis: "Interim Regulations on the Registration of Immovable Property" Article 20 The immovable property registration authority shall complete the registration formalities for immovable property within 30 working days from the date of acceptance of the application for registration, unless otherwise provided by law.
Law on the Management of Urban Real Estate Article 61 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.
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Legal analysis: If it is an off-plan house, the developer must apply for the real estate certificate within 90 days from the date of delivery of the house; If it is an existing house, it needs to be processed within 90 days from the date of conclusion of the contract. Therefore, it is unreasonable and illegal to "get the real estate certificate two years after handing over the house".
Legal basis: Interpretation of the Supreme People's Court of the People's Republic of China on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing Article 18 If the buyer fails to obtain the certificate of ownership of the house within the following time limits due to the reasons of the seller, the seller shall bear the liability for breach of contract unless the parties have a special agreement: 1. The time limit for the registration of the ownership of the house as agreed in the contract for the sale and purchase of commercial housing.
2. If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house. 3. If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.
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The state does not stipulate that it takes two years to get the real estate certificate. If the house has not yet been completed, the processing time of the real estate certificate is within 90 days from the date of delivery of the house; If the housing has been completed, the processing time of the real estate certificate is within 90 days from the date of the conclusion of the contract; If the formalities are complete to apply for the real estate certificate, it is generally 15-30 working days.
[Legal basis].Article 20 of the Interim Regulations on the Registration of Immovable Property.
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.
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.
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The state does not stipulate that it takes two years to get the real estate certificate. If the house has not yet been completed, the processing time of the real estate certificate is within 90 days from the date of delivery of the house; If the housing has been completed, the processing time of the real estate certificate is within 90 days from the date of the conclusion of the contract; If the formalities are complete to apply for the real estate certificate, it is generally 15-30 working days.
Article 20 of the Interim Regulations on the Registration of Immovable Property.
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.
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.
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Analysis of the law:
The state does not have a lead record, and there is a provision that you can only get the real estate certificate after two years of delivery. If the house has not yet been completed, the processing time of the real estate certificate is within 90 days from the date of delivery of the house; If the housing has been completed, the processing time of the real estate certificate is within 90 days from the date of the conclusion of the contract; If the formalities are complete to apply for the real estate certificate, it is generally 15-30 working days.
Legal basis: "Interim Regulations on the Registration of Immovable Property" Article 20 The immovable property registration authority shall complete the registration formalities for immovable property within 30 working days from the date of acceptance of the application for registration, unless otherwise provided by law.
Urban Real Estate Management Law》 Article 61 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.
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