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Hello, because the construction of a house needs to be approved by the village committee or the urban construction planning department before it is a legal building, otherwise it will not get the real estate certificate.
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First of all, you must have a land certificate before building a house on your land, and then you have to go through approval, and people will agree to you to build a house before you are issued a homestead certificate, which means that the house you build is legal, so that you will have your own real estate certificate in the future. If there are no previous approval procedures, then your house is illegally built, and there must be no real estate certificate.
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If you live in a rural area and the rural land is owned by the collective, before you build a house on your original homestead, you should first apply to the brigade and the township government for approval, have a building certificate, and the private house you build can obtain the real estate certificate with a green cover [blue cover in some areas] issued by the local Urban and Rural Development Bureau, but without a land use certificate [because the construction of the house uses rural collective land], and if you buy a commercial house built by a developer in the local area, it is a real estate certificate with a red cover [real estate certificate and land use certificate are two in one], According to the regulations of the relevant state departments of the destination, the commercial housing can be listed and sold in the real estate trading center, and the collective land in the rural areas through legal procedures to build a house and obtain the green real estate certificate of the Construction Bureau is called a small property right house, small property rights for the builder, only the right to use [rent] and the right to live, can not be listed for sale, can not be used as a security mortgage, but the small property right house can be reasonably compensated when demolition.
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Hello, happy with your question. Home. land on its own.
Why can't I get the real estate certificate and land certificate for the house built by myself? The main thing is that you have to approve it, just approve it. You should have a real estate certificate, if you don't get it, don't look like the site is yours.
If you are an illegal building, you will not be issued a real estate certificate.
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It may be that when you built a house, you did not apply to the relevant township for approval to build a house, and it was an illegal house, so you could not get the real estate certificate.
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Although it is a house built by yourself on the land of your family's land, why can't you get the real estate certificate and land certificate? Since you don't have a land certificate, how can you prove that it's your house? And when your house is ready to build a house, you need to make a summary with the housing and construction department, and it is legal to build a house if you have a summary, otherwise your house will be an illegal building.
How is it possible to get you a real estate certificate? Therefore, building a house should be reasonable and compliant, and it should be in accordance with national regulations.
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Rural land is collectively owned, and some of them have homestead certificates, which need to be approved and constructed by departments at or above the county level, otherwise it may be illegal construction.
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Do you have a homestead certificate in the first place? Is it a house built on a homestead? If not, it's strict now, and you may have a hard time getting the title deed.
In the past, the homestead and the ancestors were the right to use your home, and now you are given a real estate certificate, which is to let you change the concept that your ancestors are your family, and you have to transfer the ownership to your son's name when you are old in order to keep your RV, and in the past, your homestead was your home, and when you are old, it is directly your son's.
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If you build a house on your own land, you also need to approve it, and you must go to the local land department for approval before you can build a house, and only in this way will the house be built with a real estate certificate and a land certificate.
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You must have a planning permit and a construction permit to obtain a title deed, otherwise it is an illegal building.
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Houses are not built casually, and land use rights must be obtained before they can be built. So you don't have any certificates. Take this lesson to heart!
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Maybe you didn't go through the approval process, so you can't get the title deed.
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To build a house in the countryside, it must also be approved by the village, whether you have applied for it, you should complete the formalities and get the real estate certificate.
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This must be the land in the village, the collective certificate, you have to get the land certificate before you can have the real estate certificate.
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Because you didn't apply when your house was built.
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First of all, it depends on the attributes of this land and the local housing policy, otherwise it is easy to treat it as an illegal building and it may be demolished if you can't get a certificate.
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The land belongs to the state. If you want to build a house, you must be approved by the relevant departments.
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However, the land belongs to the state, and if you want to get the real estate certificate, you must also go through the approval or handling of the relevant departments.
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You can't just use your own land for the house, you have to apply for it and have planning approval. Otherwise, it is also illegal.
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How can you prove that it is your own land? It should be the land certificate first, and then apply for planning approval before building a house, and then apply for the real estate certificate. There is no such thing as a chopping first and then playing.
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You don't have a land certificate, how can you prove that it is your family's land?
All questions can be directed to the property rights registration department.
Thank you for your question.
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...... before building a houseHave you declared a building permit?
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There is no land certificate, you say it's your land, how can you prove it.
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Under normal circumstances, land belongs to the state, and individuals have no right to buy and sell it privately. Only the competent state authorities can apply for land use right certificates, and individuals are not allowed to do this.
Legal basis: "Land Management Law of the People's Republic of China" Article 13 Cultivated land, forest land, grassland, and other land used for agriculture in accordance with law owned by peasant collectives and owned by the state in accordance with the law and used by peasant collectives in accordance with the law shall be contracted by means of household contracting within rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, etc., which are not suitable for household contracting, may be contracted by means of bidding, auction, public consultation, etc., to engage in planting, forestry, animal husbandry, and fishery production. The contract period for cultivated land contracted by families is 30 years, the contract period for grassland is 30 to 50 years, and the contract period for forest land is 30 to 70 years. After the expiration of the contract period for cultivated land, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with law.
Land owned by the State for agricultural purposes in accordance with the law may be contracted and operated by units or individuals engaged in crop farming, forestry, animal husbandry, and fishery production. The contract issuing party and the contracting party shall conclude a contract in accordance with law, stipulating the rights and obligations of both parties. Units and individuals contracted to operate land have the obligation to protect and rationally utilize the land in accordance with the purposes agreed in the contract.
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Can't buy it. The title deed and the land deed are inseparable. According to the law, when the land use right is transferred, the ownership of the above-ground buildings and other attachments is transferred with it, and when the land user transfers the ownership of the above-ground buildings and other attachments, the land use right within the scope of its use is also transferred.
From a legal point of view, the real estate certificate and the land certificate are the proof that the owner owns the property and the right to use the land, and the two are inseparable. Therefore, there is a legal risk of not being able to obtain the ownership of the house when buying a second-hand house with only a real estate certificate and no land certificate.
Article 5 of the Provisions on the Administration of Urban Real Estate Transfer When real estate is transferred, the ownership of the house and the land use right within the scope of the house shall be transferred at the same time.
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The land certificate belongs to someone else, and the house was built by you and there is no real estate certificate, it is recommended that you deal with it in accordance with: negotiate with the owner of the land certificate, carry out the land transfer, and apply for the legalization of illegal construction.
1. Negotiate with the owner of the land certificate: Negotiate with the owner of the land certificate to agree whether to put the property in your name. With the consent of the landowner, he can apply to the relevant department for the property right certificate.
2. Carry out land transfer: If the landowner does not agree, he can negotiate with him to carry out the transfer of ownership of the land hall and Songzhen Town, so as to ensure the legitimacy and property security of the house you build. The land transfer needs to be handled by the relevant departments, and the specific procedures and procedures can be consulted with the local land administration department.
3. Apply for legalization of illegal buildings: If land transfer or property transfer cannot be carried out, you can consider applying for legalization of illegal buildings. The specific process and formalities need to be consulted and handled by the relevant departments, but it should be noted that the application for legalization also needs to comply with laws, regulations and relevant provisions.
In short, no matter which method you take, you need to legally protect the legality of the house you build, so as to avoid disputes over land and property rights and affect your normal use rights. At the same time, it is also necessary to fully understand the laws, regulations and policies related to land, housing and property rights, so as to better deal with them and avoid unnecessary troubles and disputes caused by ignorance of the regulations.
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In response to this problem, you will need to reapply for a title deed.
1. For the transfer of housing and the transfer of land use rights, the house sale agreement, house license, and original land use certificate must be submitted.
2. The inheritance of the land use right together with the Fangyan Suiwu shall be submitted with the house license, the original land use certificate, the notarial certificate or the handwritten agreement of the user right holder and the street certificate for the gift.
3. The land registration of new houses shall be submitted to the land and planning department for building approval.
4. If the land certificate is lost or damaged, the land right holder shall promptly file with the original Yuanbu license issuing authority, apply for a new certificate, and make an announcement in the local newspaper.
Legal basis: Civil Code of the People's Republic of China Article 217 The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.
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If you are building a house on someone else's land, you need to have the right to use the land before you can build a house. Therefore, you need to apply for a land certificate to prove that you have the legal right to use the land. After building a house, you will also need to apply for a title deed to prove that you are the legal owner of the house.
If you have already built a house but do not have a title deed, you can apply to your local housing authority. Relevant proof of housing ownership is required, such as land certificate, construction project planning permit, etc. During the process, you may need to pay relevant taxes and fees.
It should be noted that if you build a house without having the right to use the land for land reform, you may face the risk of being demolished. Therefore, it is advisable to understand the relevant laws, regulations and policies before proceeding with any house construction to ensure that your actions are legal and compliant.
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If you have built a house but do not have a title deed, you can try to get a land deed. The land certificate is a certificate that proves that your town has the right to use the land, which can be used as a legal basis for you to build a house. The specific handling process can consult the local land management department, and it is generally necessary to provide land ownership certificates, housing construction planning permit certificates, construction land planning permit certificates and other materials.
If your house is built on someone else's land, you need to negotiate with the landowner to settle the matter, or the Swift Traveler will carry out the land transfer and purchase procedures. At the same time, you can also apply for a real estate certificate from the relevant departments to ensure that your property rights and interests are legally protected.
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If it says that it is someone else's house, but you actually built it yourself, then the best thing to do is to go to the local housing authority for consultation and application to obtain the relevant title deed. First of all, you need to provide relevant housing certificates and building certificates and other relevant materials, and then conduct relevant audits and inspections, and finally you can obtain a legal real estate certificate. If you have not completed the relevant procedures and applications before, you may need to go through a series of retroactive procedures and pay the fees.
In short, it is the best solution to go to the housing management department in time to consult and apply and obtain a legal real estate certificate.
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Summary. Land Management Law of the People's Republic of China Article 8 The land in urban areas belongs to the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.
I would like to ask, if there is a land use certificate but not a real estate certificate, is the house my own?
Hello, I am a cooperating lawyer and it is a pleasure to serve you.
The People's Republic of China Land Management Chain Law Article 8 The land in urban areas belongs to the state. Land in rural areas and on the outskirts of cities is owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.
If there are no other problems, it should be yours.
But for specifics, I still have to go to your local land bureau to ask.
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