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1. What are the five certificates for buying a house?
1. The complete five certificates for buying a house refer to the following five certificates:
1) State-owned Land Use Certificate;
2) "Construction Land Planning Permit";
3) Construction Project Planning Permit;
4) Construction Permit for Building Projects;
5) "Commercial Housing Pre-sale License".
2. Legal basis: Article 60 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
The State implements a system of registration and issuance of certificates for land use rights and house ownership.
2. What are the specific ways to check whether the five certificates are complete?
The specific method of checking whether the five certificates are complete is as follows:
2. You can go to the relevant departments for consultation. If the developer does not show the pre-sale of commercial housing, the buyer can also ask it to show at this time, and the developer has a clear obligation to know, as a consumer has the right to know, and can also inquire with the real estate management department.
3. You can go to the bank to ask questions about the five certificates. Banks always play an important role in a series of links of a project, from land acquisition, approval to construction, and the review of the project and the developer is relatively strict.
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The complete five certificates for buying a house refer to the following five certificates:
1.State-owned Land Use Certificate
2."Construction Land Planning Permit".
3."Construction Project Planning Permit".
4.Construction Permit for Building Projects
5."Commercial Housing Pre-sale License".
The above are the five documents you need to buy a house with five certificates.
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Legal analysis: the complete five certificates for buying a house refer to: "Construction Project Planning Permit", "Construction Land Planning Permit", "Commercial Housing Sales (Pre-sale) Permit", "Construction Project Construction Permit" and "State-owned Land Use Certificate".
Legal basis: Urban Real Estate Management Law
Article 60: The State implements a system of registration and issuance of certificates for land use rights and housing ownership.
Construction Law of the People's Republic of China
Article 7 Before the commencement of the construction project, the construction unit shall, in accordance with the relevant provisions of the State, apply to the people's construction administrative department at or above the county level where the project is located to obtain a construction permit; However, the exception is for minor works below the limit determined by the construction administrative department. Construction projects that approve the commencement report in accordance with the authority and procedures specified in the *** will no longer receive a construction permit.
Article 37 of the Urban and Rural Planning Law of the People's Republic of China in the city and town planning area to provide the right to use State-owned land in the form of allocation, construction projects, after the relevant departments approve, approve and record, the construction unit shall submit an application for planning permission for construction land to the urban and rural planning departments of the city and county, and the urban and rural planning departments of the cities and counties shall approve the location, area and scope of construction land according to the detailed planning of the control and issue of construction land planning permits. After the construction unit obtains the planning permit for construction land, it can apply to the local people's land department at or above the county level for land, and after the approval of the people's land department at or above the county level, the land department shall allocate the land.
Measures for the Administration of Pre-sale of Urban Commercial Housing".
Fifth pre-sale of commercial housing shall meet the following conditions: (A) has paid all the land use right transfer money, obtained the land use right certificate; (B) holding construction project planning permits and construction permits; (3) According to the calculation of the pre-sold commercial housing, 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.
Article 6 The pre-sale of commercial housing shall be subject to a licensing system. For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain the "Commercial Housing Pre-sale License". If the "Commercial Housing Pre-sale License" has not been obtained, the commercial housing pre-sale shall not be carried out.
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Legal analysis.
The five certificates refer to the "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "State-owned Land Use Certificate" and "Commercial Housing Sales (Pre-sale) Permit".
Legal basis. Measures for the Administration of Pre-sale of Urban Commercial Housing》 Article 5 The pre-sale of commercial housing shall meet the following conditions:
1) All land use right transfer fees have been paid and land use right certificates have been obtained;
(B) holding construction project planning permits and construction permits;
(3) According to the calculation of the pre-sold commercial housing, 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.
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Commercial housing refers to the houses approved by the relevant departments and leased by real estate development and management companies (individuals, foreign companies) to government agencies for a period of 40 years, 50 years and 70 years, and are used for market rental after completion, including residential, commercial buildings and other buildings. The five certificates of commercial housing refer to 1, "State-owned Land Use Certificate" 2, "Construction Project Planning Permit" 3, "Construction Land Planning Permit" 4, "Construction Project Construction Permit" 5, and "Commercial Housing Sales (Pre-sale) License".
Legal basis. Article 60 of the Law on the Administration of Urban Real Estate.
The State implements a system of registration and issuance of certificates for land use rights and house ownership.
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Buying a house with five complete certificates refers to the following:
1. State-owned Land Use Certificate:
In China, land belongs to the state, and the right to use a certain piece of land is transferred through auction, and the land use certificate is the basis for proving the legal change of land rights, and the law will protect the rights of users.
2. "Construction Land Planning Permit":
In order to ensure that the construction behavior is in line with the overall development and design of the urban planning, the construction planning plan on the land needs to be approved, and the buildings without approval are illegal construction, and the houses built are not allowed to be sold.
3. Attack the "Construction Project Planning Permit":
The construction unit of the building needs to be approved by the municipal planning unit, which is the basis for the construction project to be protected by law. In addition, the construction unit is supervised during the construction process and will be demolished if any non-compliance is found.
Fourth, the construction permit of the construction project:
The certificate is an approval document for the construction unit to meet the construction standards, indicating that the construction can be carried out through the approval, which will affect the handling of the housing property right certificate in the future.
5. "Commercial Housing Pre-sale License":
The construction of a house can be sold to the outside world, it shows that the transaction can be carried out legally, and also shows that the other formalities of the house have been completed.
At present, the state has strict approval for housing land development, planning, construction and auction tour infrastructure, and the houses with complete five certificates have gone through the legal process, the normal process of approval, and the purchaser has legal rights and interests when it is built under the condition of ** permission.
The complete five certificates of the house refer to the state-owned land use certificate, construction land planning permit, construction project planning permit, construction project construction permit, commercial housing sales and pre-sale license. The most important of these five certificates are the state-owned land use certificate and the commercial housing sales and 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 and pre-sale permit is the saleable real estate of the project, and the buyer must see whether the purchased floor is within the pre-sale range. >>>More
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Hello, whether the real estate will be unfinished is actually related to whether the five certificates are complete or not is not necessary to contact. A house with five certificates can be bought, which is generally safe, but there is still a risk of not being able to apply for a property certificate. If the five certificates are complete, there is a pre-sale license, then it can be sold, because to get the pre-sale license, most of the fees that the developer should pay have been paid, as long as the house is bought normally, even if the sales are not smooth, the price reduction sales can also recover the funds. >>>More
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What are the five certificates?
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