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For the transfer of the real estate certificate and the land use certificate, it is necessary to go through the transfer of the real estate certificate first, and then go through the transfer of the land certificate.
Housing loan repayment is required, no collateral, with property ownership certificate, deed tax certificate, land certificate.
The registrant of the real estate certificate and his or her spouse hold their respective ID cards, household registration booklets, marriage certificates, and the above three housing certificates.
Buyers need ID card, household registration book, and marital status certificate (cancel the single certificate now, and the household registration book will do).
The two parties go to the housing management department of the house together and consult the transfer of the real estate certificate according to the process.
With the real estate certificate in the name of the buyer and the tax payment certificate obtained by paying the transfer deed tax, both parties can go to the external completion window of the local land bureau with the above documents to consult and apply for the cancellation of the land certificate in the name of the original homeowner and the new land certificate in the name of the buyer.
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Transfer of land use certificate according to law, that is, transfer registration, the specific procedures are as follows: 1, to the land at or above the county level of the people's ** land administrative departments to apply for land change registration; 2. Submit the land use right transfer agreement, land use certificate and other relevant materials; 3. Review the materials, and register and issue the certificate after the audit is passed. According to the provisions of the first paragraph of Article 6 of the Regulations for the Implementation of the Land Management Law, if the land ownership and use rights are changed according to law, the land use rights shall be transferred due to the transfer of above-ground buildings, structures and other attachments in accordance with the law, and the land must be submitted to the people's land administrative departments at or above the county level where the land is located.
The change of land ownership and use right shall take effect from the date of registration of the change.
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Buying a house is a big deal for every ordinary family, and the sale of second-hand houses needs to be more cautious, especially the problem of property rights. Next, let's introduce the conditions for the transfer of land use certificates!
1. The applicant needs to bring the current owner's ID card, deed tax, real estate certificate and other above materials, including the original and a copy.
2. At the same time, if the original owner of the second-hand house has already applied for the land certificate, he must bring the original land certificate, but if the original owner has not applied for the land certificate, he still needs to go to the archives of the real estate transaction to obtain the original owner's house change price and cover check form, and at this time, it is also necessary to collect the land transfer fee according to 1% of the taxable amount on the deed tax.
3. In addition, in addition to the land transfer fee, there are additional land certificate transfer fees to be paid, including deed tax, stamp duty 5, if you buy a house from an intermediary, you need to pay the intermediary ** fee 1%, in addition to the need for a loan, you also need to pay the bank's loan fees, including lawyer fees, evaluation fees, etc.
4. If the land certificate is handled after receiving the real estate certificate, if the land is allocated, the land transfer fee (3% of the land price determined by the local **) must be paid, and if the land is transferred, there is no need to pay, and the rest are sporadic fees.
Land use certificate transfer process.
First of all, it is necessary to submit the approval document of the land and planning department to build a house, and both parties must jointly go to the bureau to handle it, and secondly, the house sale agreement, house license, and original land use certificate can be submitted.
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1. Prepared materials: the ID card of the buyer and the seller, the certificate of land use right, the sale and purchase agreement, and n copies of each of the above three items.
Second, to the Municipal Land Bureau trading hall (Nanzhuang Road Meini supermarket branch diagonally opposite), find the land assessment window first land assessment (charge 1000 yuan, about a week after the payment of money to get the report), at the same time can be carried out The steps are to the surveying and mapping team of Dingtai Yijing Garden (charge 780), and at the same time ask the acceptance window to transfer the information that needs to be submitted (in fact, it is posted on the acceptance window glass) Third, after the book is in hand with the assessment report and drawings, the information that needs to be submitted is prepared together, Then to the trading hall acceptance window to formally accept (about 1 month or so to get the new certificate after the transfer) Fourth, the charging standard Sun Hand quasi reference: state-owned allocated land (the original land use right certificate is written very clearly, not written is basically allocated land): 1.
The assessment fee is 1000 yuan2. Transfer fee and deed tax: 29% of the total appraised value of the land, for example, if the appraisal price written in the appraisal report is 100,000 yuan, you have to pay 29,000 yuan.
3。Mapping fee: 780 yuan4.
Transfer fee: 2000 yuan 5. The cost of the new work:
200 yuan (the above is a private house) state-owned transfer land: the above fee is 25% of the appraisal price after deducting the transfer fee
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The transfer of the rural land use certificate is limited to the villagers of the village, and the procedures for the transfer of the land use certificate are as follows:
1. Materials to be bringed.
1.The transferor shall submit an application to the village committee with the original land use certificate, and the transferee shall submit an application to the village committee with the certificate of transfer of land use rights, land use application, ID card and household registration booklet;
2.If the application is approved, it shall be reviewed by the township and land and resources management departments, and then submitted to the county for approval;
3.Carry out land registration and confirmation.
2. Apply for a rural land use certificate.
1. Write a written application to the village committee;
3. Township ** audit;
4. After receiving the documents, the county land and resources bureau will review the data and conduct a survey on the spot;
5. After passing the audit and survey, report to the county for approval;
6. If there is no objection to the announcement on the 7th after approval, the Institute of Land and Resources will go to the site to set up the line and be allowed to start construction;
7. After the construction is completed, it shall be reported to the Institute of Land and Resources for acceptance. After the experience is qualified, the land use certificate will be issued.
Legal basis] Article 12 of the Land Management Law states that the registration of land ownership and use rights shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property.
The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.
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The transfer procedures of the land use certificate are: after the house ownership certificate is completed, it is necessary to bring the original and photocopy of the ID card, real estate certificate, original land certificate, contract, deed tax invoice of the house transfer and other materials, and apply for surveying and mapping and evaluation to the land management department, and issue a survey and mapping map and historical dust assessment report; Bring the materials to the acceptance window of the land management department to apply for processing; Since the deed tax and other fees have been paid for the house ownership certificate, only the registration fee (production cost) needs to be paid. The state-owned land use certificate can be transferred.
1. Legal basis.
According to Article 29 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China.
The methods of paid use of state-owned land include the transfer of state-owned land use rights.
At the same time, state-owned land is prohibited from being bought and sold, but the state-owned land use right can be transferred, and there are three ways to transfer: agreement, bidding, and auction.
According to the transfer method of the "State-owned Land Use Certificate".
Article 11 The transfer of land use rights may be carried out by auction and bidding according to different circumstances, and may also be carried out by agreement. Commercial, financial, entertainment, tourism, services, real estate development and other operational land shall be transferred by auction or bidding. If the transfer is made by agreement, unless otherwise stipulated by the state, the transfer shall not be lower than the reserve price.
2. Handle the materials for the transfer of land certificates.
1. The land registration of new houses shall be submitted to the land and planning department for building approval;
2.For the transfer of housing and the transfer of land use rights, a land use certificate is required. If the land certificate is lost or damaged, the land rights holder shall promptly file with the original issuing authority, apply for a new certificate, and make an announcement in the local newspaper.
If there is no objection within 30 days from the date of announcement, the original issuing authority shall cancel the original land certificate and reissue a new certificate.
3.For the inheritance of the house together with the land use right, the house license, the original land use certificate, the notarial certificate or the handwritten agreement and street certificate of the user shall be submitted for the gift. In addition to submitting the above materials, the entrusted agent must also provide a power of attorney signed and stamped by the client.
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1) Handling procedures.
1. Application for land registration.
1) Approval and approval documents for parcels, construction land permits. Submit the relevant land ownership materials for the validity of the operation procedures of the state-owned land use right through bidding, auction, agreement, etc.
2) Where the land use right is obtained by sale, inheritance, donation, etc., the agreement and notarial certificate for the transfer of the land use right of sale, inheritance or donation shall be submitted, and the state-owned land use certificate of the original land use shall be submitted.
3) Submit the ID card and household registration book of the land registration applicant. Land users of enterprises and institutions shall submit the certificate of land registration legal person, the certificate of organization **, and the ID card of the legal person.
2. Cadastral survey.
Conduct field surveys, verifications, surveys, sketch parcel plans and redline maps on the land of land registration applicants. Find out the location, title, boundary, area, use and relevant information of the land user. It is also required that the boundary between parcel 4 and neighbor is clear, there is no dispute, and it is signed and sealed after confirmation.
3. Land ownership review.
The land registration authority shall review the land registration application, ownership materials and cadastral survey results submitted by the land user, and decide whether to approve the registration of the land ownership of the user applying for land registration.
4. Issue the certificate of state-owned land use right.
1. Can two people's names be written on the rural land certificate?
No. However, the object of use of rural land is the family, and according to the rule of one household and one land, a homestead can only have one family in the legal sense, and a person's name can indicate which family it belongs to. Rural land certificate application process: The land use certificate can only have one person's name on the real estate certificate.
The land use certificate is the legal basis for the landowner or land user to enjoy the ownership or use right of the land. The name of the owner of the property right certificate should be handled in the name of the owner of the property right certificate. The land use certificate is one person, one certificate, and the first owner, that is, the co-purchaser, is the "Real Estate Ownership Certificate" under the name of the first person, and the column of occupying the share of the house is filled in the co-ownership, while the other co-owners hold the "Real Estate Right Co-ownership (Use) Certificate", and the column of occupying the share of the house is filled in the co-ownership.
2. Land use certificate transfer fee.
A general transfer is a transfer that includes the transfer fee (the name may vary from place to place) and deed tax.
Transfer fee: Land appreciation tax is now charged.
Deed tax: 3 of the sales price
Transaction fee: generally several hundred yuan.
The registration fee is generally tens to hundreds of yuan (you can check with the local land department).
In addition, the costs that may be involved include the land appraisal fee (to the land appraisal company, which can be negotiated) and the survey fee (to the slag mapping department, if there is an accurate digital map, it should be exempted, and the requirements vary from place to place).
If it is an inheritance, it is 1 yuan per square meter (this is also inconsistent in different places).
The house you buy is the joint property of the husband and wife, and the unanimous consent of the seller and the husband and wife must be obtained, and the buyer and seller must sign and pledge in front of the staff at the front desk of the hall of the local Department of Land and Resources, usually four people, if there are divorced widows in these two pairs, they must issue relevant certificates, which is more troublesome. >>>More
Legal analysis: the procedures for handling the collective land use certificate are as follows: 1. Apply to the people's ** land administrative departments at or above the county level where the land is located; 2. Submit the corresponding materials; 3. Review materials; 4. Meet the registration conditions, register and issue land use certificates. >>>More
**In the case of reserves, the land certificate will be cancelled.
It is unreasonable that the property owner of the land use right is subject to the name registered on the land use certificate, so after signing the land use right transfer agreement, it is necessary to hurry up to the land department to handle the transfer of the land use certificate. The relevant situation of the transfer of the right to use the state-owned land. >>>More
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