How to apply for the property right certificate for the property right exchange house

The mistake of this approach lies in the fact that the concept of "property right exchange" in the demolition and relocation regulations is only understood literally, and the substantive meaning of "property rights exchange" in the current demolition and relocation regulations is not correctly understood in a legal sense, thus confusing it with the concept of "ownership transfer" in the civil law. 1. "Property right exchange" is a form of compensation for property damage, not a property transaction. There are two ways to compensate for house demolition in the current demolition regulations:

One is to compensate for the loss of ownership of the house of the demolished person in monetary terms, that is, the so-called "monetary compensation"; One is to compensate for the losses of the demolished person by transferring the ownership of the house to the person being demolished, that is, the so-called "property right exchange". When the old house is demolished, the ownership of the old house by the person being demolished is lost. Because the demolition act caused the loss of the ownership of the house of the person being demolished, resulting in the loss of property interests, it is necessary to "compensate".

Whether it is compensation in monetary terms or in the form of housing, its legal meaning lies in "compensation". Therefore, the agreement signed between the demolition and the demolished person in the demolition regulations is called the "demolition compensation and resettlement agreement". It can be seen that the so-called "property right exchange" is an act of compensation for property damage, in which the ownership of the new house is transferred to the name of the person being demolished to compensate for the loss of the original ownership of the house.

2. "Housing exchange" is a legal act of transferring the ownership of a house, and it is an act of reciprocal exchange of property. "Housing exchange" and "property exchange" are very different in the legal sense. "Housing exchange" is a legal disposition of the object of each other's ownership based on the principle of autonomy of private rights The transfer of ownership to each other and the acquisition of the ownership of each other's houses by each other is an act of property reciprocity.

The reciprocal exchange of property requires that the ownership of the two houses must be realistic and transferable to each other. III. Different Types and Methods of Registration for "Property Rights Exchange" and "Property Rights Exchange" Among the compensation methods for "property rights exchange", the demolished houses should be deregistered, and the newly built houses should be transferred to the demolished persons after the initial registration. In the case of "property rights exchange", the transfer registration shall be handled between the exchange entities.

1. What is the exchange of property rights?

The exchange of property rights refers to the act of exchanging the property rights of the house built or purchased by the demolition party with the property rights of the house to be demolished, and settling the difference between the appraisal price of the house to be demolished and the market price of the house to be exchanged.

Usually, when the person being demolished is unwilling to obtain compensation funds to buy a house in the market, the person who is being demolished will provide a suitable house and properly resettle the person being demolished.

The characteristic of the exchange of property rights of houses is that the compensation of the demolition party to the demolished person is reflected in the form of physical objects, and the method of property rights exchange can be used for both residential and non-residential houses.

Although the property right exchange is embodied in kind, in essence, it is in accordance with the principle of equivalent exchange, in which the demolition party compensates the demolished person according to the appraised price of the demolished house, and then the demolished person purchases the property right exchange house provided by the demolition party at the market price, and the appraisal price of the demolished house is settled with the market price of the property right exchange house.

Property rights exchange is generally divided into in-situ relocation and resettlement.

2. The standard for the exchange of property rights.

1. The person being demolished can only choose the house type that is closest to the legal area indicated in the property right certificate of the house to be demolished, and demolish one property right and settle one property right. If the property right area of the house to be demolished exceeds the maximum area of the resettlement house, the applicant may choose more than one resettlement house with the consent of the demolition person, but the total area of the resettlement house selected shall not exceed the total legal area of the house to be demolished.

2. The average cost price of resettlement houses is 1498 yuan, and the specific cost of each resettlement house is calculated according to the different floors multiplied by the floor coefficient. The difference between the demolished person and the demolition person shall be settled according to the appraised value of the demolished house (including decoration and decoration) and the value of the resettlement house.

The part of the residential resettlement house whose area exceeds the legal area of the house to be demolished by less than 20 years shall be purchased by the person being demolished at cost price; The part of the resettlement house that exceeds the legal area of the house to be demolished by more than 20 years shall be purchased by the person being demolished at a rate of 10% lower than the market price of the resettlement house. For the portion of the resettlement house whose area is less than the lawful area of the house to be demolished, the person who moved early in the demolition chain shall compensate the person being demolished according to the assessed value of the house being demolished in accordance with the law.

The above is the specific standard for you to introduce to the exchange of property rights. When exchanging property rights, special attention should be paid to the fact that the property rights of the house should be measured according to the area of the house, and the area of the house involves more problems.

1. Property rights are exchanged for houses.

The property right exchange house of this project is located in the resettlement housing community of North Xin'an. The property rights exchange house is for a period of 36 months. The houses in Area A of the resettlement housing are ordinary commercial houses, and the houses in Area B of the resettlement houses are commercial houses managed according to affordable housing.

2. The total amount of compensation and subsidy.

Total amount of compensation and subsidy, compensation for the value of the expropriated house, relocation expenses, temporary resettlement expenses, compensation for losses caused by suspension of production and business, and other subsidies.

3. The area of the house where the property rights are exchanged.

The area of the property right exchange house that the expropriated person can purchase is a multiple of the floor area of the expropriated house 10 square meters of the building, where:

1) If the multiple of the floor area of the expropriated building is less than 10 square meters, it will be calculated as 10 square meters;

2) If the same person or husband and wife have two or more houses within the scope of the project, the construction area of the expropriated houses will be calculated together, and the 10 square meters of the state brigade will only be enjoyed once;

3) When the floor area of the expropriated house is a multiple of the floor area of the expropriated house 10 square meters of the building is less than the minimum unit area of the property right exchange house, it is allowed to purchase the minimum unit type of the property right exchange house of the project.

4. Property right exchange house purchase**.

1) The part of the expropriated building area and 10 square meters of construction shall be purchased according to the construction square meter of 4,500 yuan during the contract period, and purchased according to the building square meter of 7,000 yuan after the expiration of the contract period;

2) The part of the building area to be expropriated shall be purchased according to the benchmark of this project;

3) The part exceeding the construction area of the expropriated house and the construction area of the expropriated house by 10 square meters shall be purchased in accordance with the standard real estate ** of the project.

5. The order of room selection.

In line with the principle of first-come-first-served selection, the expropriated person can voluntarily choose the resettlement housing in Area A and Area B for property rights exchange.

1. Lujiang demolition compensation is 45 square meters.

The latest Lujiang demolition compensation, 1. The minimum floor area of the expropriation and resettlement housing provided in the expropriation project shall not be less than 45 square meters.

2. If the expropriated person or the tenant of the directly managed public housing applies for the expropriation resettlement housing and the real estate appraisal obtained is not enough to purchase the resettlement house of 45 square meters, the insufficient part shall be made up by the housing expropriation department and included in the cost of the expropriation project.

3. If the minimum floor area of the resettlement housing specified in the compensation plan of the expropriation project exceeds 45 square meters, the excess area can be purchased by the expropriated person and the tenant of the directly managed public housing according to the purchase of the resettlement house; If they are unable to purchase the part that exceeds the area, they can share the property rights of the resettlement houses with the relevant units designated by the people of the district.

1) The registration process for the change of property rights of general houses.

1. Submit an application. The applicant shall submit an application to the housing management bureau of the district where the house is located with the required materials. Applicants who meet the registration conditions shall be investigated by the district housing management department and reported to the municipal housing property rights registration core after passing the preliminary examination.

2. Review and make certificates. The municipal housing property rights registration core will issue a housing ownership certificate after review and approval.

3. Pay the fee and get the certificate. The applicant or the person in charge shall pay the relevant fees to the housing management bureau of the district where the house is located with his or her ID card and receive the housing ownership certificate.

2) Procedures for changing the registration of military, foreign-related housing and purchased public housing.

1. Submit an application. The applicant shall submit an application to the Municipal Housing Property Rights Registration Core with the information submitted in accordance with the regulations.

2. Review and make certificates. Brother Li core of the city's housing property right registration conducts on-site investigations, and approves the issuance of housing ownership certificates to applicants who meet the registration conditions.

3. Pay the fee and get the certificate. The applicant or the person in charge will take his or her ID card to the municipal housing property right registration core and pay the relevant fees to receive the housing ownership certificate.

1. Materials required for the change of property rights of the house.

1) Application form for registration of real estate transfer;

2) Proof of identity of the applicant;

Materials required by the seller: the original ID card and a copy of the identity card. If you are married, you need the original marriage certificate and a copy, and the original real estate certificate; If one of the husband and wife is unable to be present, they must first write a power of attorney and then go to the justice bureau to notarize, the household registration book and a copy.

Materials required by the buyer: original ID card and a copy of the ID card, household registration book and copy, if you are single, you need to go to the Civil Affairs Bureau to open a single certificate.

3) Certificate of Real Estate Rights;

4) The administrative decision of the relevant administrative organ, the real estate sales contract, (if it needs to be notarized according to the regulations, the notarized real estate sales contract shall be submitted) or the notarized real estate gift letter, or the notarized real estate inheritance certificate, or the real estate exchange agreement, or the real estate division agreement;

5) If a mortgage has been created, a written document with the consent of the mortgagee shall be submitted;

6) In the case of compulsory transfer by the people's court, an effective judgment, ruling, mediation document and notice of assistance in enforcement shall be submitted;

7) For the transfer of real estate of unincorporated enterprises and organizations, the approval documents of the property rights department agreeing to the transfer shall be submitted;

8) administrative allocation, reduction or exemption of land premium land, should be submitted to the competent authority of the approval documents and proof of payment of land premium;

9) If the real estate is acquired by bidding, auction or listing, the confirmation of winning the bid, the confirmation of the auction transaction, the contract for the transfer of land use rights and the certificate of payment of the land price shall be submitted;

10) If it is a welfare commercial house, it should be submitted to the relevant competent department for approval;

11) Demolition compensation shall be submitted to the demolition compensation agreement;

12) Opinion of the co-owners of the real estate agreeing to the transfer;

13) In the case of acquisition or merger of enterprises, the approval documents of the relevant departments shall be submitted;

14) In the case of real estate transfer between state-owned enterprises or other organizations, the approval documents of the relevant departments shall be submitted;

15) Other documents stipulated by laws, regulations, rules and normative documents.