-
Legal Analysis: Yes. You need a contract for the purchase of a house, a bill for payment.
ID card, household registration book, marriage certificate, local housing situation certificate, go to the local housing management, consult and pay deed tax, stamp duty and other taxes, go through the procedures for your name real estate certificate, if it is a second-hand house to buy, you need to find the original owner, with the documents of both parties and the housing certificate, go to the housing management to go through the transfer procedures.
If you buy a house but do not handle the real estate, the owner's property right to the house is incomplete, and it is easy to cause disputes, which will lead to damage to the interests, so the purchase and sale of real estate is recommended to go through the real estate certificate, transfer and other procedures.
Legal basis: Administrative Measures for the Sales of Commercial Housing
Article 34 Real estate development enterprises shall, before the delivery of commercial housing, entrust a unit with real estate surveying and mapping qualifications to carry out surveying and mapping according to the project, and the surveying and mapping results shall be submitted to the competent administrative department of real estate for examination and approval for housing ownership registration.
The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information required by it to handle the registration of housing ownership to the real estate administrative department where the housing is located.
Real estate development enterprises shall assist the buyers of commercial housing in handling the formalities for the change of land use rights and the registration of house ownership.
Article 35 After the delivery of the commercial house, if the buyer believes that the quality of the main structure is unqualified, it may entrust the engineering quality inspection agency to re-verify it in accordance with the relevant regulations. If the quality of the main structure is found to be unsatisfactory after verification, the buyer has the right to move out; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation in accordance with law.
-
Consequences of not applying for a title deed:
1. Sales, gifts, replacements, inheritances, leases and other activities cannot be carried out, and even if relevant contracts are signed, they are invalid contracts and are not protected by law.
2. When the house is demolished, it is impossible to obtain compensation for demolition in accordance with national policies and relevant demolition regulations.
3. It is impossible to set up other rights such as mortgage rights and pawn rights, and the buyer cannot obtain a loan or bear other civil liabilities through a house mortgage.
4. 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.
5. 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 enforced by the developer's creditors in accordance with the law;
6. When the term of the land use right expires, it is not possible to apply for the continued use of the land.
First, the process of handling the real estate certificate:
1. Confirm that the developer has carried out the initial registration;
2. Go to the competent department to collect and fill in the Application Form for Registration of Housing Rights;
3. Collect the surveying and mapping form;
4. Receive the surveying and mapping form;
5. Pay public maintenance ** and deed tax;
6. Submit application materials;
7. Obtain the real estate certificate.
2. Fees for handling real estate certificates:
1. Transaction fee: paid by the seller.
1) 3 yuan for residential buildings;
2) Non-residential: 10 yuan;
2. Registration fee: paid by the buyer.
1) Residential: 80 yuan set;
2) Non-residential: $80 for less than 100 (including 100 yuan); 100-500 (including 500) below 120 yuan; 500-1500 (including 1500) below 200 yuan; 300 yuan for less than 1500-3000 (including 3000); 3000-10000 (including 10000) below 500 yuan; $800 for more than 10,000 cases;
3. The production cost of the house ownership certificate;
4. Stamp duty: Stamp duty is divided into stamp duty on "property right transfer document" and stamp duty on "right license license". The tax rate of the "property right transfer document" is 5/10,000, and the tax basis is the amount contained in the document, which both the buyer and the seller must pay; The fixed tax rate of 5 yuan shall be applied to the tax item of "right license license", which shall be paid by the buyer;
5. Deed tax: paid by the buyer.
Legal basisArticle 7 of the Regulations on the Administration of Housing Registration is generally carried out in accordance with the following procedures: (1) application; (2) Acceptance; (3) Review; (4) Recorded in the register; (5) Issuance of certificates.
The housing registration authority may make an announcement on the registration items when it deems it necessary.
-
There may be some potential risks and problems when a house is not deed for ten years.
1.The title deed is an important proof of ownership of the home, and you cannot prove your ownership of the house without the title deed. This may make it impossible to buy, sell, gift, replace, inherit, lease, etc., or even if it does, it may be at risk due to a lack of legal protection.
2.Without a title deed, you may encounter difficulties when you need to use your home as collateral to get a loan or take on other civil liabilities.
3.If the property is in a project that has been illegally developed and makes it impossible to obtain a title deed, then the home you buy may be at risk of being forcibly demolished or auctioned.
4.If the developer is enforced due to a debt dispute and the property you purchased has not been transferred, then the property is still the property of the developer and may be enforced by the developer's creditors in accordance with the law.
5.If you are unable to apply to continue using the land at the end of the term of the land use right, this may also cause you some trouble.
Therefore, although there may be some special circumstances for not applying for a real estate certificate, it is recommended to apply for a real estate certificate as soon as possible, considering the possible risks and problems.
-
Yes, it can be handled. You need a contract for the purchase of a house, a bill for payment. ID card, household registration book, marriage certificate, local housing situation certificate, go to the local housing management, consult and pay deed tax, stamp duty and other taxes, go through the procedures for your name real estate certificate, if it is a second-hand house to buy, you need to find the original owner, with the documents of both parties and the housing certificate, go to the housing management to go through the transfer procedures.
If you buy a house but do not handle the real estate, the owner's property right to the house is incomplete, and it is easy to cause disputes, which will lead to damage to the interests, so the purchase and sale of real estate is recommended to go through the real estate certificate, transfer and other procedures.
-
If the property certificate has not been applied for within the time limit, the liability for breach of contract shall be borne in accordance with the agreement of the sales contract of the commercial house, and the amount of liquidated damages or losses shall be difficult to determine, and the buyer may calculate according to the total amount of the purchase price already paid, with reference to the standards of financial institutions for calculating overdue loan interest stipulated by the People's Bank of China.
Legal basis: Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate to obtain land use rights by way of transfer or allocation, shall apply to the local people's land management department at or above the county level for registration, and after verification by the local people's land management department at or above the county level, the land use right certificate shall be issued by the people at the same level.
If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.
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.
-
Legal analysis: Such a house generally cannot handle the land certificate. Because houses in rural areas are generally collective land, they cannot apply for land certificates. If you need to apply for a real estate certificate, you can take the building application you went to the planning department at that time to the local real estate bureau to handle it.
Legal basis: "Regulations on the Expropriation and Compensation of Houses on State-owned Land" Article 24 The people's governments at the municipal and county levels and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and the construction in violation of urban and rural planning shall be dealt with in accordance with the law.
-
Houses built ten years ago in rural areas do not have real estate certificates, so they must go to the relevant departments to apply for real estate certificates in time.
Article 62 of the Land Management Law stipulates that a rural villager household can only own one homestead, and the area of the homestead shall not exceed the standard set by the province, autonomous region or municipality directly under the Central Government.
In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.
Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers.
Legal basisArticle 62 of the Land Management Law of the People's Republic of China Rural villagers can only own one homestead per household, and the area of their homestead land shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.
In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.
Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers.
The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.
Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.
The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences.
No trading is possible. Article 37 of the Law on the Administration of Urban Real Estate stipulates that the transfer of real estate refers to the transfer of real estate by the owner of real estate to another person through sale, gift or other legal means. >>>More
I bought a house without a real estate certificate.
Yes, it is still necessary to apply for the real estate certificate as soon as possible. Because the law stipulates that the real estate certificate must be issued within 90 days after the delivery of the house, it is a requirement for the developer and the owner on the premise that there is no agreement on the time limit for applying for the real estate certificate, unless otherwise agreed between the owner and the developer. Only the title certificate is the only legal proof of property ownership. >>>More
The house does not have a title deed, how to apply? What about electricity? I suggest you go to the local power supply bureau and don't have the real estate certificate, do you have that purchase and sale invoice? >>>More
No. The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. >>>More
Off-plan housing is not protected in our country, and when it is finalized, it depends on the property right certificate. >>>More