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A: How long does it take to get the title deed after buying a house.
It depends on whether the property you are buying is off-plan.
Or the existing house, if it is a purchased off-plan house, it can be determined according to the delivery time, generally the developer will be able to get the real estate certificate within three months after the delivery, if there are special circumstances such as the epidemic, it may be slow by one month to two months; If it is an existing house, because the developer has not paid the relevant fees, it is possible that the processing time of the real estate certificate may be delayed, if the relevant fees are paid, it can be completed in a week; If it is a second-hand house, the relevant procedures are complete, and the real estate certificate can be handled within one day.
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For details, you can consult the housing authority.
Individuals apply for real estate certificates.
1. Make sure that the developer has made the initial registration.
The initial registration of the developer is a necessary prerequisite for applying for the real estate certificate by itself. Generally, the time required by the competent authority to handle the initial registration is about 20 to 60 days, so after 2-3 months after the house is taken over, you can ask the developer about the initial registration and agree on it in the "purchase contract", or you can go to the local real estate transaction information ** for inquiry.
2. Go to the management department to collect and fill in the "Application Form for Housing (Land) Ownership Registration".
Prospective owners need to sign and seal the application form after filling it out. Some developers will have a ready-made stamped ** in their hands, just go to the developer to pick it up and fill it out. You can ask the developer in advance which department the real estate certificate should be handled in, and then consult the department directly, saving you the trouble of traveling.
3. One of the necessary materials - surveying and mapping (table).
The surveying and mapping form is an important basis for the registration department to determine the area marked on the real estate certificate, and there are three ways to obtain it: open business office (with ID card); Housing area metering station designated by the developer; Or apply to the registration department for a survey of the area of the house.
4. Collect relevant documents.
Gather the necessary application documents, including the purchase contract, housing settlement statement, and a copy of the large real estate certificate. The completed application form needs to be reviewed and stamped by the developer.
5. The payment of public maintenance ** and deed tax shall be paid to the community office or designated collection bank in the area where the property is located, as a necessary document for handling the real estate certificate.
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The contract between the buyer and the developer (commercial housing sales contract) stipulates the time limit, which is generally within 365 working days after delivery.
If there is no agreement, if the house has been completed when you sign the house sale contract, the title certificate will be completed within 90 days from the date of the contract.
If the house is not completed when you sign the house sale contract, the title certificate will be completed 90 days after the house is handed over. In accordance with the relevant provisions of the Administrative Measures for the Registration of Urban Housing Ownership of the Ministry of Construction, newly built houses shall apply for initial registration of house ownership within three months after the completion of the house; For the sale and purchase of a house, the buyer and the seller shall apply for transfer registration within 30 days.
What do I need to pay attention to when buying a house?
1. First of all, the payment status of the property fee, water, electricity and gas costs and other related expenses of the house. Buyers can go to the property management company to inquire about the payment period of the property management fee, and call the **** to inquire about the water, electricity and gas costs of the relevant departments. It should be noted that property fees, utilities and other expenses may incur late fees or even fines due to overdue, which need to be carefully checked and confirmed before handing over the house.
2. Secondly, the buyer should try to inspect the house in person, and do not entrust others, because others may not know the state of the house when looking at the house. When inspecting the house, if you encounter the situation of giving away furniture and household appliances, you should inspect the furniture and household appliances in accordance with the agreement on the house sale contract or agreement.
3. Finally, when the buyer inspects the house, for the sake of insurance, please ask friends with rich knowledge of construction or decoration to inspect it together, so as to carefully check the quality of the house and the decoration and decoration status, especially the waterproof works of the bathroom and kitchen, the pipeline situation and the waterproof engineering of the roof and gable, and whether the wall behind the large furniture and household appliances has mildew. If the house is plumbed, it is recommended that the buyer put water in the water to check the use of the plumbing pipes.
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You can get the real estate certificate after buying a house for three months.
The initial registration of the developer is a necessary prerequisite for the process of applying for the title deed on its own. According to Article 34 of the Administrative Measures for the Sales of Commodity Housing, a real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the materials required for the application of the real estate certificate to the competent real estate department where the house is located.
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Whether you can successfully obtain the real estate certificate is related to the qualification of the developer. If you buy an off-plan property, it may take three years or more to get the title deed. If you buy an existing house, you can get the title deed within a few months or a year.
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Depending on the situation, if the house has been built, that is, if you buy and live in the case, you can generally go directly to the house book. If you can't buy and live in the off-plan house, you can generally handle the house book within 2 years after delivery.
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Off-plan housing: Generally, within one year after the delivery, some developers will hurry up, and some will be slower. If it is more than one year, it may be that some of the acceptance has not been passed when the developer delivers the house, and the time is uncertain.
Second-hand housing: After signing the contract, the loan is delegated or the full payment is completed, the capital will be placed in about a month.
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Depending on the situation, some have signed a contract for about a week, and some need to wait for a year or two.
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Off-plan purchase, it takes a certain amount of time after the house is purchased, and the time is up to deliver the house, which is generally 2 years.
After the down payment and loan for the purchase of the existing house are completed, you can apply for the real estate certificate after going to the housing authority to complete the transfer.
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Off-plan properties can generally be obtained within 90 days after handing over the property.
Supplement: Article 33 of China's "Regulations on the Administration of Urban Real Estate Development and Operation" stipulates:
The re-purchaser of the pre-sold commercial housing shall, within 90 days from the date of delivery of the commercial housing, go through the formalities of changing the land use right and registering the ownership of the house; The purchaser of the commercial house for sale shall, within 90 days from the date of signing the sales contract, go through the formalities of changing the land use right and registering the ownership of the house. Real estate development enterprises shall assist the purchaser of commercial housing in going through the formalities for the change of land use right and the registration of house ownership, and provide the necessary supporting documents.
Under what circumstances does a buyer fail to get a title deed?
1. The developer's "five certificates" are incomplete.
The developer's qualification is the main factor affecting the buyer's acquisition of the real estate certificate, of which the "five certificates" are very important, including: "state-owned land use certificate", "construction land planning permit", "construction project planning permit", "construction project construction permit", "commercial housing pre-sale license" or "commercial housing sales license".
2. The developer has not paid the deed tax.
Buyers need to pay deed tax when buying a house, and the deed tax paid by buyers is generally collected by the developer, and then handed over to the tax authorities to get a tax payment certificate. In fact, many developers will not pay the deed tax in time, such as paying the deed tax when receiving the house, and then apply for the real estate certificate after two years. For a time difference, it is not uncommon to use this fund for free.
3. The house acceptance is not qualified.
For buyers who buy off-plan properties, the acceptance of new houses is an important part of the process of successfully applying for the real estate certificate. If there is a problem with the quality of the new house and it has not passed the acceptance of the relevant departments, then such a house does not have the conditions for delivery, and the real estate certificate will naturally not be able to be handed over. In this case, the developer is liable for breach of contract, and the buyer has the right to terminate the contract if he has agreed with the developer in advance on the quality of the house.
4. The developer builds a house in violation of regulations.
There are not many cases of illegal construction by developers, but it cannot be said that there are none, and the situation of developers changing the use of land without authorization will directly lead to the consequences that you cannot get the real estate certificate after handing over the house. Therefore, before deciding to buy a house, it is very important to review the qualifications of the developer, and the insurance practice is to choose a well-known real estate and a powerful developer, and then buy after in-depth investigation, so that it is more reliable.
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How long does it take to get the real estate certificate for buying a house, and the law does not clearly stipulate the time limit. Generally, the contract will stipulate the time for handling the real estate certificate, and the developer will notify you to collect the real estate certificate after handling the real estate certificate. The real estate registration agency generally completes the registration procedures within 30 working days after acceptance.
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: If the buyer fails to obtain the certificate of ownership of the house within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties: 1) the time limit for handling 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, 90 days from the date of conclusion of the contract. Article 14 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 Commercial Housing Article 14 If the buyer fails to obtain the certificate of ownership of immovable property within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties:
1) the time limit for the registration of immovable property 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, 90 days from the date of conclusion of the contract. If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.
Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation stipulates that the purchaser of pre-sold commercial housing shall go through the formalities of changing the land use right and registering the ownership of the house within 90 days from the date of delivery of the commercial housing; The purchaser of the commercial house for sale shall, within 90 days from the date of signing the sales contract, go through the formalities of changing the land use right and registering the ownership of the house. Real estate development enterprises shall assist the purchaser of commercial housing in going through the formalities for the change of land use right and the registration of house ownership, and provide the necessary supporting documents. >>>More
Legal analysis
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