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Anonymous users2024-02-13The transfer of real estate certificate refers to the state-owned land use right without a limit on the use period obtained by the land user after paying compensation, resettlement and other expenses with the approval of the people at or above the county level in accordance with the law. Where the people of provinces, autonomous regions, and municipalities directly under the Central Government determine that the local people at or above the county level are responsible for real estate management and land management by a unified department, they may make and issue a unified real estate right certificate.
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Anonymous users2024-02-12Legal Analysis: The nature of allocation refers to the acquisition of land use rights through state allocation. When the house is retraded, the land transfer fee must be paid.
Legal basis: Land Management Law of the People's Republic of China
Article 54 The use of State-owned land by a construction unit shall be acquired by way of paid use such as transfer; However, the following construction land can be obtained by way of allocation with the approval of the people at or above the county level in accordance with the law:
1) Excavation of land for state organs and military use;
2) land for urban infrastructure and public welfare;
3) Land for infrastructure such as energy, transportation, and water conservancy supported by the state;
4) Other land use as provided for by laws and administrative regulations.
Article 5 and Sanye 15 Construction units that have obtained the use of state-owned land by way of paid use such as transfer shall pay the land use fee and other paid land use fees and other fees in accordance with the standards and methods prescribed by the first party before they can use the land. From the date of implementation of this law, 30 percent of the paid land use fees for new construction land shall be handed over to the treasury, and 70 percent shall be reserved for the people of the relevant localities, which shall be used exclusively for the development of cultivated land.
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Anonymous users2024-02-11Legal analysis: The allocation of real estate certificate refers to the state-owned land use right without a limit on the use period obtained by the land user after paying compensation, resettlement and other expenses after paying compensation, resettlement and other expenses with the approval of the people at or above the county level in accordance with the law. Where the people** of the province, autonomous region, or municipality directly under the Central Government determine that the local people** at or above the county level are to be uniformly responsible for real estate management and land management by one department, a unified real estate right certificate may be made and issued.
Legal basis: Article 44 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights: The allocation of land use rights shall not be transferred, leased or mortgaged except as provided for in Article 45 of these Regulations.
Article 45 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights meets the following conditions, with the approval of the municipal and county people's land management departments and real estate management departments, the ownership of the allocated land use rights and above-ground buildings and other attachments can be transferred, leased and mortgaged
1) Land users are companies, enterprises, other economic organizations and individuals;
B) have a state-owned land use certificate;
3) Have the legal property right certificate of above-ground buildings and other attachments;
4) In accordance with the provisions of Chapter II of these Regulations, sign a land use right transfer contract, and pay the land use right transfer fee to the local city and county people, or pay the land use right transfer fee with the proceeds obtained from the transfer, lease or mortgage.
The transfer, lease, or mortgage of the land use rights allocated in the preceding paragraph shall be handled in accordance with the provisions of Chapters III, IV, and V of these Regulations.
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Anonymous users2024-02-10Legal analysis: Allocation refers to the state-owned land use rights without a term of use that are obtained by land users with the approval of the people at or above the county level in accordance with the law, after paying compensation, resettlement and other fees, or obtained free of charge.
Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 63 As determined by the people of provinces, autonomous regions and municipalities directly under the Central Government, the local people at or above the county level shall be responsible for the management of real estate and land management by a department, and may make and issue a unified certificate of property rights for real estate and land management, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be included in the certificate of real estate rights.
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Anonymous users2024-02-09Legal analysis: In China, there are many ways to acquire a house, which can be mainly divided into original acquisition and subsequent acquisition. And what we often see about buying and selling houses, and the houses that are inherited by Hu are actually the specific situations in the acquisition of succession.
Of course, the acquisition of the house is not only about taking possession of the house, because this is a real estate, according to the provisions of China's law, it is required to go through the registration of the real estate before the ownership of the house can be legally obtained, and the parties are required to apply for the real estate certificate. However, it should also be noted that in some cases, it may not be possible to apply for a real estate certificate, which will have a greater impact on the interests of the parties. Allocation refers to the state-owned land use rights without a term of use that are obtained by land users with the approval of the people at or above the county level in accordance with the law, after paying compensation, resettlement and other fees, or obtained free of charge.
Legal basis: Article 63 of the Law of the People's Republic of China on the Management of Urban Real Estate, as determined by the people of provinces, autonomous regions and municipalities directly under the Central Government, if the local people at or above the county level are responsible for real estate management and land management by a unified department, they may make and issue a unified real estate right certificate, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be included in the real estate right certificate.
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Anonymous users2024-02-081. What does the allocation on the real estate certificate mean?
1. The allocation on the real estate certificate refers to the state-owned land use right without a term limit obtained by the land user with the approval of the people at or above the county level in accordance with the law, after paying compensation, resettlement and other expenses.
2. Legal basis: Article 63 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
Where the people of provinces, autonomous regions, and municipalities directly under the Central Government determine that the local people** at or above the county level are uniformly responsible for real estate management and land management by one department, they may make and issue a unified real estate right certificate, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be respectively included in the real estate right certificate.
Article 61.
To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county 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.
2. What materials are required to apply for a real estate certificate?
The materials required for the real estate certificate are as follows:
1. The original contract for the purchase and sale of the house and the original supplementary contract;
2. The original uniform invoice for the sale of commercial housing;
3. The original field surveying and mapping survey form and the floor plan of the strata subdivision of the house;
4. Tax payment certificate;
5. A copy of ID card;
6. A copy of household registration book or household registration certificate;
7. If you are married, you need a copy of the marriage certificate.
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