How to get the real estate certificate for the pre sale commercial housing purchase and sale pre reg

If it is unreasonable, it should be handled after signing the contract for the sale and purchase of the house.

It should be noted that the advance notice registration and the pre-sale registration of commercial housing are different, and there is an essential difference between the two.

1. The housing advance notice registration system is an important property rights system.

Article 20 of the Property Law: When a party signs an agreement on the sale and purchase of a house or other immovable property right, in order to ensure the realization of the real right in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement.

The essential feature of advance notice registration is that it gives the right holder the right to make a claim, and has the exclusive effect of a real right. After the advance notice registration is handled, no one shall transfer the house involved without the consent of the owner of the advance notice registration.

2. Different from the pre-registration of housing, the pre-sale registration of commercial housing is an administrative measure aimed at developers.

The second paragraph of Article 44 of the Urban Real Estate Management Law stipulates that "the pre-seller of commercial housing shall, in accordance with the relevant provisions of the state, submit the pre-sale contract to the people's real estate management department and land management department at or above the county level for registration and filing".

Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing stipulates that "for the pre-sale of commercial housing, the developer shall sign a contract for the pre-sale of commercial housing with the offtaker. The developer shall, within 30 days from the date of signing, go through the registration and filing procedures for the pre-sale contract of commercial housing with the real estate management department and the municipal and county people's land management department.

Advance notice registration is the registration of a right to preserve a claim for real estate. He registered the claim to make it effective against a third party, and invalidated the disposition that interfered with his right to claim for registration of the immovable property right, so as to ensure the realization of this registration in the future. The general registration of immovable property refers to the registration of real estate rights in a state that has been completed, while the advance notice registration is a kind of registration carried out for the purpose of preserving real estate rights that will occur in the future.

Therefore, it is not possible to get the real estate certificate at present, and it is still early to get the real estate certificate, which can only be handled after the project is completed and accepted.

After signing the housing sales agreement, it is necessary to bring the identity materials of both parties, the original application for the pre-sale registration of the commercial house, and the original pre-sale agreement of the commercial housing that has been registered and filed to the local real estate registration agency to submit an advance notice application, and the real estate registration agency will record the relevant matters in the registration book and issue the advance notice registration certificate to the applicant.

[Legal basis].Article 221 of the Civil Code.

If a party signs an agreement for the sale and purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect. After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.

The advance notice registration certificate of commercial housing shall be registered at the housing management bureau where the real estate is located. Materials required for advance registration of pre-purchased commercial housing: (1) the original registration application; (2) Proof of identity of the applicant; (3) The original pre-sale contract of the commercial housing that has been registered and recorded; (4) the original agreement of the parties on the registration of advance notice; (5) If the pre-purchaser unilaterally applies for the pre-registration of the pre-purchase of commercial housing, and the pre-seller and the pre-purchaser attach conditions and time limits to the pre-registration of the pre-sale of the commercial housing, the pre-purchaser shall submit the corresponding supporting materials; (6) For houses mortgaged for construction in progress, it is necessary to submit proof of the mortgagee's consent to the sale of the house.

Article 6 of the Interpretation of the Supreme People's Court 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 shall not be supported if a party requests confirmation of the invalidity of the contract on the grounds that the pre-sale contract of commercial housing has not gone through the registration and filing formalities in accordance with the provisions of laws and administrative regulations. If the parties agree that going through the registration and filing formalities is a condition for the pre-sale contract of commercial housing to take effect, the agreement shall prevail, except where the party who has indiscriminately stopped the escort has already performed its main obligations and the other party accepts it.

Summary. This question is up to me, it takes a little time to type, so please be patient.

This question is up to me, it takes a little time to type, so please be patient.

Hello, Yanshu Town 1Advance notice registration is a civil system. The pre-sale registration and filing system of commercial housing is an administrative management system; 2.

The main body of advance notice registration is the only one, i.e., the housing registration agency. The main management agency for the registration and filing of commercial housing pre-sale is empowered by law to the local people. It can be the administrative department of the construction of the rough; It can be a real estate management department; It can also be entrusted to a housing boarding joke agency.

2. After the advance notice is registered, if the application for registration of the house is disposed of without the written consent of the right holder of the advance notice registration, the housing registration agency shall not handle it.

3. For mortgage rights, advance notice registration has the effect of preservation priority, that is, the mortgage right that handles advance notice registration can enjoy priority priority.

Legal basis: Demolition: Article 221 of the Civil Code of the People's Republic of China After the advance notice is registered, if the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.

Advance notice registration refers to the agreement between the parties to enter into an agreement for the sale and purchase of houses or other real estate rights, and in order to ensure the realization of real rights in the future, they may apply to the registration authority for advance notice registration in accordance with the agreement. For example, in the pre-sale of commercial housing, buyers can register the housing that has not yet been built, so as to restrain the developer from re-mortgaging the housing that has been built.

Advance notice registration is a kind of preparatory real estate registration compared to formal registration, the purpose of which is to meet the needs of the parties to preserve the order of real estate registration and prevent the occurrence of "multiple sales of one house" in the pre-sale of commercial housing. If the applicant applies for advance registration of pre-purchased commercial housing, the applicant shall be both parties to the pre-sale contract of commercial housing. The applicant shall submit the following documents to the registration authority:

1) Application for Real Estate Registration in Shanghai (Original); (2) Proof of identity (photocopy); (3) Shanghai Commercial Housing Pre-sale Contract (original). If the pre-purchased commercial housing registered in advance applies for transfer registration after the initial registration of housing ownership, the applicant shall be the pre-purchaser of the advance registration. The applicant shall submit the following documents to the registration authority:

1) Application for Real Estate Registration in Shanghai (Original); (2) Proof of identity (photocopy); (3) The registration certificate of the advance registration of the pre-purchased commercial housing (original); (4) "Shanghai Residential Owners Commodity Residential Maintenance Payment Voucher" (original); (5) Housing handover letter (original); (F) cadastral map (two originals); (7) Floor plan of the house (two originals); (8) Deed tax payment certificate (two originals) (original).