Is the area of the land use certificate the same as the area of the property?

Legal analysis: First of all, it is normal for the area on the real estate certificate to be inconsistent with the area on the land certificate, or even a large gap.

1. The area on the real estate certificate is the construction area of the house, including the apportioned area and the usable area of the house;

2. The area on the land certificate is the apportioned area of the land, generally speaking, the higher the floor, the more households, and the smaller the area on the land certificate.

3. If it is multi-storey or even high-rise, the land area may be much smaller than the construction area on the real estate certificate;

4. However, if it is a single-family villa, the land area may be more than the construction area of the real estate certificate.

5. For commercial housing, the land area only reflects the property rights of the land, and does not have the actual area. The size of the area on the land certificate has no effect, but it has a little impact when paying the land transfer fee.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 14 The maximum term for the transfer of land use rights shall be prescribed by ***.

Article 15 For the transfer of land use rights, a written contract shall be signed. The land use right transfer contract shall be signed by the municipal and county people's land management department and the land user.

16th land users must be in accordance with the transfer contract, pay the transfer of land use rights; If the land use right transfer fee is not paid in accordance with the transfer contract, the land management department has the right to terminate the contract and may request compensation for breach of contract.

17th land users in accordance with the transfer contract to pay the transfer of land use rights, the municipal and county people's land management departments must be in accordance with the transfer contract, to provide the transfer of land; If the transferred land is not provided in accordance with the transfer contract, the land user has the right to terminate the contract, and the land management department shall return the land use right transfer fee, and the land user may claim compensation for breach of contract.

18th land users need to change the land use agreed in the land use right transfer contract, must obtain the consent of the transferor and the municipal and county people's ** urban planning administrative departments, sign the land use right transfer contract change agreement or re-sign the land use right transfer contract, adjust the land use right transfer fee accordingly.

Article 19 The transfer of land use rights shall be handed over in full to the treasury and included in the budget for urban infrastructure construction and land development. The specific measures for the handover and use of land use right transfer fees shall be prescribed by ***.

Article 20 The State shall not take back the land use rights obtained by land users in accordance with the law before the expiration of the term of use agreed in the transfer contract; Under special circumstances, according to the needs of the public interest, it may be recovered in advance in accordance with legal procedures, and corresponding compensation shall be given according to the actual years of use of the land by the land user and the actual situation of the development of the land.

In the real estate renovation industry, the area of the land use certificate and the area of the property are two different concepts. The land use certificate refers to the legal certificate issued by the state to the land use right holder, while the real estate area refers to the actual construction area of the house. Although they are related, they are not necessarily identical.

First of all, the land use certificate area refers to the area of land on a specific plot, usually in square meters. This area includes the entire area of the plot, including non-building areas such as roads, public green spaces, etc. The area shown on the land use certificate is measured and approved by the relevant ** department and has legal effect.

However, the area of a property refers to the actual floor area of the house, which is also usually measured in square meters. The area of the property only counts the area of usable space inside the building, excluding the thickness of walls, balconies, stairs, corridors and other non-residential areas. This is because these areas are not usually used for living or storing items, so they are excluded when calculating the size of the property.

Therefore, the area of the land use certificate is not the same as the area of the property, the former includes the area of the entire plot, and the latter only counts the usable area inside the building. Home buyers should pay attention to the area of the property rather than the area of the land use certificate when buying a property. Buyers can get an idea of the actual floor area of the house by looking at the relevant architectural drawings and contracts.

In addition, it is important to note that the standards for land use certificates and property area may vary in different countries and regions. Therefore, when buying a property, it is advisable to consult with a professional or relevant department to ensure that accurate information is obtained.

To sum up, the area of the land use certificate and the area of the property are not consistent. Buyers should pay attention to the size of the property when buying a property and confirm the relevant area information when signing a contract with the developer. This is how you can guarantee that you will buy a home that meets your expectations.

The area of use right on the land use certificate and the construction area on the house ownership certificate are two concepts, the use area on the land use certificate indicates the area of the land use right you have, and the construction area on the house ownership certificate indicates the building area of the house ownership you have, and the two are of course different.

According to the "Measures for the Administration of Commodity Housing Sales":

Article 20 If the price is calculated according to the construction area or construction area of the suite, the parties shall specify in the contract the handling of the error between the area agreed in the contract and the area of property right registration.

If there is no agreement in the contract, it shall be handled in accordance with the following principles:

1) If the absolute value of the area error ratio is within 3% (including 3%), the house price shall be settled according to the facts.

2) If the area error exceeds 3% of the absolute value, the buyer has the right to move out. If the buyer moves out, the real estate development enterprise shall, within 30 days from the date on which the buyer proposes to move out, refund the price paid by the buyer to the buyer, and pay the interest on the price paid.

If the buyer does not move out, if the registered area of the property right is greater than the area agreed in the contract, the buyer shall make up the price of the part of the house price within 3% (including 3%) of the area error ratio; The real estate development enterprise shall bear the part of the house price exceeding 3%, and the property right shall belong to the buyer.

When the registered area of the property right is less than the area agreed in the contract, the real estate development enterprise shall return the house price to the buyer if the absolute value of the area error ratio is within 3% (including 3%); The part of the house price exceeding 3% of the absolute value shall be returned to the buyer by the real estate development enterprise in double.

The area of property right registration The area agreed in the contract.

Area error ratio = 100%.

The area agreed in the contract.

If the parties do not terminate the contract due to the difference in area caused by the change of planning and design provided for in Article 24 of these Measures, a supplementary agreement shall be signed.

Legal Analysis: The area on the land certificate is the area actually owned, which refers to the area of the house purchased. That is, the land use area of the house purchased.

Legal basis: Land Management Law of the People's Republic of China

Article 10 State-owned land and land owned by peasant collectives may be determined for use by units or individuals in accordance with law. Units and individuals using land have the obligation to protect, manage, and rationally use land.

Article 31: Local people at or above the county level may request units occupying cultivated land to use the soil of the cultivated layer of the occupied cultivated land for soil improvement of newly reclaimed cultivated land, inferior quality or other cultivated land.

Article 64 Users of collective construction land shall use land in strict accordance with the purposes determined in the overall land use plan and urban and rural planning.

Article 65: Buildings and structures that have been built before the formulation of the overall land use plan and do not conform to the purposes determined in the overall land use plan shall not be rebuilt or expanded.

Article 74: Where land is bought or sold or illegally transferred in other forms, the competent departments for natural resources of the people's ** at or above the county level shall confiscate the illegal gains; For those who change agricultural land into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be demolished within a time limit and the original state of the land shall be restored, and the newly built buildings and other facilities on the illegally transferred land shall be confiscated if they conform to the overall land use plan; Fines may be imposed in combination; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

The land on the land certificate is the area of the land use right, the floor area of the building, not the area of the house, usually according to the plot ratio to apportionment of the land, that is, the area of the house you are in divided by the area of the whole house and then multiplied by 78 square meters, the plot ratio of the property higher than 1 The land area of the property is definitely less than the area of the property.

The area on the house book is the construction area of the house, so the area of the real estate certificate and the land certificate is not the same, the real estate certificate can be handled according to the normal procedures, and the construction area on the real estate certificate should prevail.

How to calculate the floor area on the title deed and land deed.

1. There are generally three areas on the "Real Estate Warrant": the total construction area, the construction area in the suite and the apportioned construction area. The total floor area of a building refers to the sum of the horizontal projection area within the perimeter of the exterior walls (or pillars) of each building of the building.

Generally, it is based on the data measured by the surveying and mapping office under the Housing Authority. There is no physical measurement when applying for the real estate certificate, so sometimes there will be an area error.

2. Calculation of area error: area error ratio (actual valuation area, contract area) contract valuation area 100. If there is an error between the actual area and the area agreed in the contract, the error shall not exceed 3.

If it exceeds 3, the seller shall bear it, and the property right shall belong to the buyer. Below, less or less, how much refunded.

3. Under normal circumstances, it is clearly stipulated in the "Real Estate Sale and Purchase Contract" signed in the process of housing transaction that the area of the real estate certificate is generally registered as the construction area, including the area in the suite, the area of columns, walls and other structures and the public shared area.

4. The land use area of the land certificate is the floor area of the purchased house, for example, a piece of 100 square meters of land is used by two families, then the land use area belonging to each family is 50 square meters.

5. The land use area on the land certificate is that the more owners are used at the same time, the smaller the area, such as high-rise, the higher the floor height, the more owners, the smaller the area. However, there are exceptions, such as villas, where the land area is used by one householder, sometimes more than the area on the title deed, because he uses more space, such as gardens, rest areas, garages, etc.