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The "five certificates" of real estate development refer to: "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", and "Commercial Housing Pre-sale License".
The State-owned Land Use Certificate is a legal certificate for the land user to obtain the land use right, which indicates the land use right holder, the land location, the land number, the type of use right, the area of the use right, and the date of termination of the use right. It is accompanied by a "Parcel Map" surveyed and mapped by a professional organization.
The "Construction Land Planning Permit" is a legal certificate for the urban and rural planning department to review and approve the location and scope of the construction project in accordance with the urban and rural planning. The certificate indicates the land use unit, the name of the project, the location, nature and area of the land use, and the scale of construction. It is usually accompanied by a "Planning Land Scope Map" issued by the surveying department.
The "Construction Project Planning Permit" is a legal certificate that the construction project conforms to urban and rural planning, and the land use unit is indicated on the certificate; The name of the land use project, location, parcel number and sub-project name, building nature, number of buildings, number of floors, and structure type; Calculate the area of the plot ratio and the area of each category; and the "Construction Project Planning Scheme" (including: master plan, floor plan, elevation plan and section plan in all directions. )
The construction permit is a permit for the construction of the construction project, which indicates the construction unit, the name of the project, the construction address, the scale, the contract, the survey, design, construction, supervision unit and the project leader of each unit, and the construction period.
"Commercial Housing Pre-sale License" is an approval document for real estate administrative departments to allow real estate development enterprises to sell commercial housing. The "Commodity Housing Pre-sale License" is different from the "Commodity Housing Sales License". The premise of obtaining the "Commercial Housing Pre-sale License" is that in addition to obtaining the above "four certificates", the real estate development enterprise must also achieve the calculation of the pre-sold commercial housing, and the funds invested in the development and construction of the project must reach 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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The five real estate certificates are: "Construction Land Planning Permit" and "Construction Project Planning Permit".
Construction Permit for Construction Projects", "State-owned Land Use Certificate".
Commercial Housing Pre-sale License. Extended information: The most important of the five certificates should be seen two certificates, one is the state-owned land use certificate, and the other is the pre-sale license, which should be issued and seen accurately.
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Which five certificates are included in the five certificates of commercial housing?
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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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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 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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Legal analysis. Developers need five certificates and two books to sell houses, of which five certificates are building land planning permits, construction project planning permits, state-owned land use certificates, construction project commencement permits, and commercial housing sales licenses. There are also "two books" that are the quality assurance certificate of commercial housing and the instruction manual of commercial housing.
It should be noted that what is required for pre-sale is not this sales license but a pre-sale license, which is not the same as these two documents.
Legal basis. Article 39 of the Law of the People's Republic of China on the Administration of Urban Real Estate Where the land use right is obtained by way of transfer, the following conditions shall be met when transferring the real estate: (1) all the land use right transfer fees have been paid in accordance with the transfer contract and the land use right certificate has been obtained; (2) In accordance with the provisions of the transfer contract, if the investment and development is carried out, it is a housing construction project, and more than 25% of the total development investment is completed, and if it belongs to a piece of development land, it is an industrial land or other construction land condition.
If the house has been completed at the time of the transfer of real estate, the house ownership certificate shall also be held.
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