What are the consequences of not applying for a real estate certificate?

1. Sales, gifts, replacements, inheritances, leases, mortgages and other activities cannot be carried out, and even if relevant contracts are signed, they are all invalid contracts and are not protected by law.

When buying real estate, the title deed is a very important part of the purchase contract. China's existing legal system for the right to adopt the registration of publicity, that is to say, only through registration, is the real ownership of the thing, as far as the purchase of a house, only after the real estate certificate, can the real sense of the ownership of the house, at this time, if there is a legal dispute, your ownership of the house will be protected by law. Many people only think of using the law to protect their legitimate rights and interests when their property is illegally violated, but because they do not apply for a real estate certificate, they may not be able to get the protection of the law in the end.

The change of the house is strictly registered and publicized in the law, and the house without the real estate certificate will lead to the invalidity of the inheritance contract and gift contract.

When a husband and wife divorce, it involves the division of marital property, and the division of the house is particularly important, and the house without the title certificate can also not be divided.

Buyers often buy houses for the purpose of maintaining and increasing their value, and when the market changes, buyers will consider realizing their houses. However, the transaction of real estate requires proof of ownership of the house. Houses without title deeds are not protected by law in the transaction.

The bank needs to review the real estate certificate to handle the mortgage, and it is impossible to apply for a mortgage without the real estate certificate.

If the lessee does not pay the rent on the grounds that the lessor does not have a title deed and is not the legal owner of the house, this view is supported by the law.

2. When the house is demolished, it is impossible to obtain compensation for demolition in accordance with national policies and relevant demolition regulations, which is not conducive to compensation for the loss or damage of the house to reduce losses.

The state also uses the real estate certificate as the basis for compensation in the demolition and relocation compensation, and buyers who do not have the real estate certificate may not receive the corresponding compensation in the demolition and relocation, thus suffering huge losses.

China's property rights system is publicity, and the consequence of not registering is that property rights disputes arise and are not protected by law. In other words, a house that does not have a title deed is still essentially owned by the developer, and if it is fraudulent, the buyer may lose the money for the house. The most common situation is that the developer sells two houses, signs a purchase contract with another consumer, and handles the real estate certificate in the housing management department, the result is that the buyer who does not apply for the real estate certificate can only ask the developer to return the purchase price, as for whether the house payment can be returned, the lesson of blood is that most buyers are empty of money!

In addition, conventional wisdom often makes buyers reluctant to consider loss or damage to their home, but this is where homebuyers are most likely to suffer losses. If the property is lost or damaged due to war, typhoon, flood, fire, etc., it may not be possible to obtain relief without a title deed.

3. If the real estate certificate cannot be applied for due to the illegal development of the project, the house purchased by the buyer is at risk of being forcibly demolished or auctioned; When the developer is enforced due to a debt dispute, the real estate that has not been transferred is still the property of the developer and can be used.

Legal analysis: the consequences of not applying for a real estate certificate: unable to buy, sell, gift, replace, inherit, lease, mortgage and other activities; Once demolished, it is not possible to obtain full compensation for demolition and relocation in accordance with national policies; may be at risk of forced demolition or auction; When the term of the land use right expires, it is not possible to apply for the continued use of the land.

Legal basis: Article 21 of the Provisional Regulations on the Registration of Immovable Property The registration of the registered items shall be completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 60: The State implements a system of registration and issuance of certificates for land use rights and housing ownership.

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.