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First, we can check it on the official website. Some cities have opened the ** to check the five certificates, and buyers can log in to the local ** to check the developer's five certificates. You can log in to the "XX City Real Estate Trading Center" to view the real estate projects that have obtained the "Commercial Housing Sales (Pre-sale) License".
Second, we can also go to the relevant departments for consultation. If the developer does not show it when pre-selling the commercial house, the buyer can ask it to show it, and the developer has a clear obligation to know, as a consumer, the right to know, and can also inquire with the real estate management department.
Third, we can go to the bank and ask about the "five certificates". It is necessary for buyers who do not know what to do with the situation to check with the bank before paying for it. Banks always play an important role in a series of aspects of a project, from land acquisition, approval to construction, especially when lending, and the review of the project and the developer is still relatively strict.
If there is a problem with the project, the bank will not be able to pass this pass, so I advise the majority of home buyers, if they really have no bottom in their hearts, they will go to the bank.
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How to check the five real estate certificates when buying a house.
Lawyer analysis. When buying a house, you can check the five real estate certificates, you can go to the official website of the real estate company to check. Generally, the developer's marketing center will also display relevant documents.
According to the provisions of Article 22 of the Regulations on the Administration of Urban Real Estate Development, real estate development enterprises shall meet the following conditions for pre-selling commercial housing:
1) All land use right transfer fees have been paid and land use right certificates have been obtained;
2) Holding construction project planning permits and construction permits;
3) According to the calculation of the pre-sold commercial housing provided, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined;
4) Have gone through the pre-sale registration and obtained the pre-sale license certificate of the commercial house.
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You can go to the Land Bureau, the Planning Bureau, the Construction Bureau, the Housing Management Bureau and the above departments to inquire about the five real estate certificates, or go to the office hall and enter the project name or certificate number for inquiry.
Real estate developers should have the "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "State-owned Land Use Certificate" and "Commercial Housing Pre-sale License" when pre-selling commercial housing, referred to as the "Five Certificates". Among them, the first two certificates are issued by the Municipal Planning Commission, the Construction Permit is issued by the Municipal Construction Commission, and the State-owned Land Use Certificate and the Commercial Housing Pre-sale Permit are issued by the Municipal Land Resources and Housing Administration.
The developer has obtained the "Pre-sale License" to prove that the project has passed the approval in terms of planning, engineering, land use, etc., and has the qualification to enter the market for the commercial housing to be developed""Five certificates""The most important of these are the State-owned Land Use Certificate and the Commercial Housing Sales (Pre-sale) Permit, both of which indicate that the purchased house is within the scope of legal transactions. The pre-sale scope of the "Commercial Housing Sales (Pre-sale) License" is the saleable real estate of the project, and the buyer must see whether the purchase floor of Shanqing next to the car is within the pre-sale range.
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Five certificates are used by the developer to publicize the proof when selling the house, the main thing to buy a second-hand house is the property right certificate and the land certificate, and there is no other certificate, check whether the developer has five certificates can go to the developer's sales department to see, the developer will be publicized in a conspicuous position when selling the house.
The five certificates are as follows: Building Land Planning Permit, Construction Project Planning Permit, State-owned Land Use Certificate, Construction Project Commencement Permit, and Commercial Housing Sales (Pre-sale) Permit
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Longma House Luo Xingyu thinks:
You only need to check the commercial housing (pre-)sales license of the project at the housing authority where the house is located, because this is the last certificate handled by the developer, and only with the first 4 certificates can you have the conditions for handling the pre-sale certificate.
In other words: a project with a commercial housing (pre)sales license is a project with 5 complete certificates.
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The five certificates refer to the "State-owned Land Use Certificate", "Construction Project Planning Permit", "Construction Land Planning Permit", "Construction Project Commencement Permit", "Commercial Housing Pre-sale License" (or "Commercial Housing Sales License"). The official "State-owned Land Use Certificate" is stamped with the official seal of the people, the official seal of the housing and land administrative departments, and the special seal of the paid land use certificate, and the land user on the certificate should be completely consistent with the name of the developer, and pay attention to whether there is a record of mortgage of land use rights. The Temporary State-owned Land Use Certificate can only be used to apply for pre-sale permits and construction permits, and does not mean that the final land use right has been obtained.
Generally, the developer pays part of the land price in advance, and if the later payment cannot be paid in full, the "State-owned Land Use Certificate" will not be obtained, which is a major hidden danger for buyers to apply for property rights certificates. The Planning Bureau's "Construction Project Planning Permit" is a legal certificate that the construction project meets the requirements of urban planning, and the application for commencement of construction can only be made after obtaining the certificate. According to the Housing Authority's Construction Land Planning Permit, see if the land use, location and boundaries used by the developer are consistent with the construction land planning permit.
The Construction Committee's "Construction Project Commencement Permit" is a legal certificate that the project can be started, and the developer is an off-plan house, and the certificate should be presented as required. If it is an existing house, you should check the "Construction Project Completion Record Form" issued by the Construction Committee. The "Commodity Housing Pre-sale License" and "Commodity Housing Sales License" of the Real Estate Bureau are pre-sale and sales vouchers, pay attention to whether they are within the validity period and whether the purchased house is within the scope of pre-sale and sales.
Some housing developers have already handled large property rights, and at this time, it should be seen whether the property rights certificate includes the purchased house. If you buy a house with incomplete documents, you may encounter trouble when handling many things in the future, such as not being able to apply for real estate certificates, etc., so you must strictly review whether the five certificates are complete when buying a house.
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The Construction Land Planning Permit and the Construction Project Planning Permit shall be issued by the Municipal Planning Commission, the Construction Project Construction Permit shall be issued by the Municipal Construction Commission, and the State-owned Land Use Certificate and the Commercial Housing Pre-sale Permit shall be issued by the Municipal Land Resources and Housing Administration. In addition to the five certificates publicized by the developer at the site of the sales department, individual units can also find the publicity information of the five certificates on the corresponding ** of the relevant competent authorities.
Five certificates and two books. 1. Planning Permit for Building Land
Before the construction unit applies to the land management department for the requisition and allocation of land, it shall be confirmed by the urban planning administrative department that the location and scope of the project conform to the legal certificate of urban planning.
2. "Construction Project Planning Permit".
Legal documents related to the construction project meeting the needs of urban planning.
3. State-owned Land Use Certificate
The legal certificate of the state-owned land use right promulgated by the people at all levels of the city upon the application of the land user. The certificate mainly states the name of the land user, the location of the land, the use, the area of land use, the service life, and the scope of the "four to".
Fourth, the "Construction Project Commencement Certificate".
The legal certificate of the construction unit for the construction of the project is also one of the main bases for the registration of housing ownership, and the building without the construction certificate is an illegal building and is not protected by law.
5. "Commodity Housing Sales (Pre-sale) License".
Municipal and county people's ** real estate management departments allow real estate development enterprises to sell commercial housing approval documents.
6. "Two Books".
Commodity Housing Quality Assurance Certificate, "Commodity Housing Instruction Manual".
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Buying a house depends on the "five certificates" of the house, which is already a necessary condition in the hearts of buyers, but many people obviously read the "five certificates" when buying a house, why do they still encounter disputes about buying a house? In the final analysis, I don't understand how to look at the "five certificates".
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1. Commercial housing refers to the houses approved by the relevant departments, developed by the real estate development and management company, and used for market rental after completion, including residential, commercial buildings and other buildings, while self-built, participated in the construction, commissioned construction, and self-use of residential or other buildings do not belong to the scope of commercial housing. It is a house developed and constructed by the developer for sale, which can do the property right certificate and land certificate, and can be customized as the property right house.
2. Commodity housing is mainly divided into domestic commercial housing and export commercial housing.
3. To buy a commercial house, you need to see a complete set of "five certificates" and "two books".
"Five certificates" refers to the "Commodity Housing Sales (Pre-sale) License": it is the approval document of the municipal and county people's ** real estate administrative departments to allow real estate development enterprises to sell commercial houses. The competent authority is the Municipal Land and Housing Management Bureau, and the certificate is uniformly printed, registered and approved and issued by the Municipal Land and Housing Management Bureau.
When selling commercial housing, real estate developers should also hold a certificate of ownership if the house has been completed. If the buyer needs to investigate the construction quality of the house, he can also check the "Project Acceptance Certificate" of the real estate developer.
State-owned Land Use Certificate: The State-owned Land Use Certificate is a legal certificate that proves that land users (units or individuals) use state-owned land, which is protected by law.
Construction Permit for Construction Projects (Construction Project Commencement Permit): It is a construction permit for the construction unit to meet various construction conditions and allow the start of construction, a legal certificate for the construction unit to carry out the construction of the project, and one of the main bases for the registration of housing ownership.
Construction land planning permit: is the construction unit in the land management department to apply for requisition, allocation of land, by the urban and rural planning administrative departments to confirm the location and scope of the construction project in line with the urban and rural planning of the statutory certificate, is the construction unit land legal certificate. The land-using unit without this certificate is illegal to use land, and the sale of houses by real estate developers is also illegal, and they cannot obtain real estate ownership certificates.
Construction Project Planning Permit: The construction project planning permit is issued by the urban planning administrative department in accordance with the law, confirming that the relevant construction project meets the requirements of urban planning. If the construction unit does not have this certificate, its engineering construction is an illegal building and cannot obtain the real estate ownership certificate.
"Second book" refers to the "Residential Quality Assurance Certificate" and the "Residential Instruction Manual".
Residential Quality Assurance Certificate: It is a written document that the real estate developer will promise to the purchaser when the newly built house is given to the purchaser, which has legal effect, and the developer shall bear the responsibility for maintenance and repair in accordance with the housing quality standards agreed on the Residential Quality Assurance Certificate.
Residential Instruction Manual: "Residential Instruction Manual": The structure, performance and type, performance, and standards of each part (component) of the residence shall be explained, and the precautions for use shall be proposed.
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What is the difference between off-plan and existing housing? What is the purpose of home repair**? Is the selling price of the commercial property you see the starting price, the average price or the pre-sale price?
These are all "compulsory courses" for buying commercial housing, and if you are confused about such issues, you may suffer economic losses. 1. What does the "Five Certificates" refer to? A:
Five certificates: "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "Commercial Housing Pre-sale Permit", according to relevant national laws and regulations, development enterprises in Chinese mainland must obtain the above five certificates before they can sell their houses to the outside world. 2. What is the difference between off-plan housing and existing housing?
Answer: off-plan housing refers to the consumer does not have the commercial housing that can be moved in when buying, that is, the real estate developer starts from obtaining the pre-sale license of the commercial housing until the real estate ownership certificate is obtained, and the commercial housing is called off-plan. Consumers should sign a pre-sale contract for commercial housing when purchasing off-plan housing.
The existing house refers to the commercial housing that has the ready-to-buy and move-in, that is, the developer has completed the large property certificate of the commercial house sold, and the consumer can immediately check in and obtain the property right certificate after signing the commercial housing sales contract. 3. What is the starting price, average price and pre-sale price of commercial housing? A:
The starting price refers to the lowest among the sales of each floor of the commercial house at the time of sale; The average price refers to the sum of the sales of commercial housing divided by the sum of the unit floor area, that is, the ** per square meter; The pre-sale price refers to the pre-sale of commercial housing. 4. What is house maintenance**? A:
Housing maintenance refers to the establishment of commercial housing and public housing, which is specially used for overhaul, renewal and transformation of the common parts of the residence and the common facilities and equipment after the expiration of the warranty period.
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Five certificates: "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning".
Permits", "Construction Permits", "Commercial Housing Pre-sale Permits", in accordance with relevant national laws and regulations, development enterprises in Chinese mainland must obtain the above five certificates before they can sell houses to the outside world.
State-owned land use certificate is a legal certificate that proves that the land user has paid the land use right transfer fee to the state and obtained a certain piece of state-owned land use right within a certain number of years; "Construction land planning permit" is a legal certificate for the construction unit to apply to the land management department for requisition and allocation of land, and the location and scope of the construction project are confirmed by the urban planning administrative department to comply with the urban planning; The "Construction Project Planning Permit" is a legal certificate that the construction project meets the requirements of urban planning; Construction Permit for Building Projects; "Commercial Housing Sales (Pre-sale) License".
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