The developer does not look for any department to apply for the real estate certificate

The developer does not apply for the real estate certificate to the local Housing and Urban-Rural Development Bureau, taking Guangzhou as an example, its Housing and Urban-Rural Development Bureau is responsible for:

Responsible for the administration of the real estate development industry. Responsible for the monitoring of the real estate market, the formulation and supervision of the implementation of the city's real estate market management policies, responsible for the supervision and management of housing transactions, leasing, appraisal and intermediary markets, responsible for the pre-sale license and follow-up supervision and management of commercial housing, and responsible for the supervision and management of real estate appraisal, intermediary and leasing industries. Participate in the formulation of the city's housing provident fund management policy, and cooperate with the provincial construction administrative department to supervise the implementation of the city's housing provident fund management regulations and policies.

Responsible for the supervision and management of the use and maintenance of the house (including safety survey, safety appraisal, rural mud brick house renovation, emergency rescue, termite control, etc.). Responsible for the supervision and management of housing safety, and coordinate the safety supervision and management of the façade of existing buildings. Responsible for the supervision and management of the repair of historical buildings in the city.

Coordinate the renovation of dilapidated houses in the city. Coordinate and standardize the management of public housing, and be responsible for the management of directly managed housing. Responsible for supervising and managing the expropriation and compensation of houses on state-owned land.

Legal basis:

Measures for the Administration of the Sales of Commodity Housing

Article 5 The construction administrative department is responsible for the sales management of commercial housing nationwide.

The provincial and autonomous region people's construction administrative departments are responsible for the sales and management of commercial housing within their respective administrative areas.

Municipalities directly under the Central Government, cities and counties of the people's construction administrative departments, real estate administrative departments (hereinafter referred to as the real estate development departments) in accordance with the division of responsibilities, responsible for the sales management of commercial housing within the administrative area.

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.

The above content refers to Guangzhou Municipal Bureau of Housing and Urban-Rural Development - Main Functions.

The above content refers to the Encyclopedia - Measures for the Administration of Commercial Housing Sales.

From an administrative point of view, you can find the Housing and Urban-Rural Development Bureau.

From the point of view of judicial efficiency, it is also possible to find a lawyer to prosecute.

From the point of view of matter resolution, it should be resolved with the developer.

If the negotiation fails, take the contract to the court to sue.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts.

Article 18 If, due to reasons attributable to the seller, the buyer fails to obtain the certificate of ownership of the house within the following time limits, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties:

1) The time limit for the registration of housing ownership as agreed in the contract for the sale and purchase of commercial housing;

2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been built, it shall be 90 days from the date of delivery of the house;

3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.

If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

Article 19 If the buyer is unable to register the ownership of the house due to reasons attributable to the seller if the time limit for the registration of the ownership of the house is more than one year after the expiration of the contract for the sale and purchase of commercial housing or the regulations on the management of urban real estate development and operation as stipulated in Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation, the buyer shall be supported.

According to Article 34 of the Administrative Measures for the Sales of Commodity Housing, the developer shall, within 60 days after the delivery of the commercial housing, submit the information required by it to be provided for the registration of housing ownership to the real estate administrative department where the housing is located. If the developer fails to submit the housing ownership registration materials on the above date, resulting in the buyer failing to obtain the housing ownership certificate on the agreed date or the specified date, the developer shall bear the corresponding liability for breach of contract.

The aforesaid "specified period date" is calculated as follows: if the date of obtaining the housing ownership certificate not agreed in the contract, and the subject matter of the commercial housing sales contract is a house that has not yet been completed, it shall be calculated as 90 days after the delivery of the house; If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be calculated according to 90 days from the date of conclusion of the contract.

If the seller fails to submit the materials required for the registration of housing ownership on time, resulting in the buyer failing to obtain the housing ownership certificate on time, if the contract for the sale and purchase of commercial housing stipulates the method for handling liquidated damages, it shall be handled in accordance with the contract; If the contract for the sale and purchase of commercial housing does not stipulate the method for handling liquidated damages, it shall be calculated according to the paid purchase price and with reference to the standard for financial institutions to charge interest on overdue loans as stipulated by the People's Bank of China. If the buyer fails to obtain the house ownership certificate for more than one year as agreed and within the prescribed time limit due to the seller's failure to submit the housing ownership registration materials on time, the buyer may request to terminate the contract and claim compensation for losses, which can be calculated according to the bank's fixed asset loan interest rate for the same period.

Therefore, when the real estate certificate dispute is caused by the developer's refusal to apply for the real estate certificate, the buyer can sue the court to pursue the liability for breach of contract, including:

1. When the developer does not apply for the real estate certificate, after the lawsuit, the court requires the developer to apply for the real estate certificate;

2. When the developer does not apply for the real estate certificate, after the lawsuit, the court requires the developer to pay liquidated damages and compensate for losses.

If the developer does not apply for the real estate certificate, he can complain to the real estate management department. The parties may negotiate in advance, and if the negotiation or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement; If the parties have not entered into an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court where the property is located to require the developer to fulfill the obligation to apply for the real estate certificate as soon as possible.

Legal basis:

Article 2 of the Arbitration Law.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 122 of the Civil Procedure Law.

Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.

Article 61 of the Law on the Administration of Urban Real Estate.

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.