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Real estate developers must meet certain conditions for the sale of commercial housing in the real estate market, and go through various procedures for the sale of commercial housing in the real estate management department in accordance with the relevant regulations.
Among them, the "five certificates" that must be possessed refer to: "state-owned land use certificate", which is a legal certificate that proves that the land user has paid the land use right transfer fee to the state and obtained a certain piece of state-owned land use right within a certain number of years; "Construction land planning permit" is a legal certificate for the construction unit to apply to the land management department for requisition and allocation of land, and the location and scope of the construction project are confirmed by the urban planning administrative department to comply with the urban planning; The "Construction Project Planning Permit" is a legal certificate that the construction project meets the requirements of urban planning; Construction Permit for Building Projects; "Commercial Housing Pre-sale License".
The "three certificates" of real estate refer to the "house ownership certificate", "house deed" and "state-owned land use certificate" after the purchase of real estate.
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First, the State-owned Land Use Certificate, which is a certificate to prove the payment of land use right transfer fees to the state. Second, the "Construction Land Planning Permit". Third, the "Construction Project Planning Permit".
Fourth, "Xu Zhaoxu can be proved in the construction of construction projects". Fifth, the "Commercial Housing Sales License".
Legal basis
Article 3 of the Regulations on the Implementation of the Law of the People's Republic of China on Land Management and Returning Letters: The State shall implement the land registration and issuance system in accordance with the law. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.
The content of land registration and the style of land ownership certificate shall be uniformly prescribed by the land administrative departments.
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The five real estate certificates refer to the "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "State-owned Land Use Certificate" and "Commercial Housing Pre-sale License" when real estate developers pre-sell commercial housing, referred to as "five certificates". According to the relevant laws and regulations of China, the current sale of commercial housing shall meet the following conditions: (1) The real estate development enterprise of the commercial housing for sale shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise; (B) to obtain a certificate of land use rights or approval documents for the use of land; (C) holding construction project planning permits and construction permits; (4) It has passed the completion acceptance; (5) Demolition and resettlement have been implemented; (6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction progress and delivery date; (7) The property management plan has been implemented.
Legal basisArticle 7 of the Administrative Measures for the Sales of Commodity Housing shall meet the following conditions: (1) The real estate development enterprise for the sale of commercial housing shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise; (B) to obtain a certificate of land use rights or approval documents for the use of land; (C) holding construction project planning permits and construction permits; (4) It has passed the completion acceptance; (5) Demolition and resettlement have been implemented; (6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction progress and delivery date; (7) The property management plan has been implemented.
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The five real estate certificates refer to the "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "State-owned Land Use Certificate" and "Commercial Housing Pre-sale License" when real estate developers pre-sell commercial housing, referred to as "five certificates". According to the relevant laws and regulations of our country, the rolling sale of commercial housing shall meet the following conditions: (1) The real estate development enterprise of the commercial housing for sale shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise; (B) to obtain a certificate of land use rights or approval documents for the use of land; (C) holding construction project planning permits and construction permits; (4) It has passed the completion acceptance; (5) Demolition and resettlement have been implemented; (6) Water supply, power supply, heating, gas, communications and other supporting Liang Huiyu infrastructure has the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or the construction progress and delivery date have been determined; (7) The property management plan has been implemented.
Legal basis, Article 7 of the Administrative Measures for the Sales of Commodity Housing shall meet the following conditions: (1) The real estate development enterprise of the commercial housing for sale shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise; (B) to obtain a certificate of land use rights or approval documents for the use of land; (C) holding construction project planning permits and construction permits; (4) It has passed the completion acceptance; (5) Demolition and resettlement have been implemented; (6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction progress and delivery date; (7) The property management plan has been implemented.
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The five certificates for real estate development include the State-owned Land Use Right Certificate, the Construction Land Planning Permit, the Construction Project Planning Permit, the Construction Project Construction Permit, and the Commercial Housing Pre-sale Permit or the Commercial Housing Sales License.
Article 6 of the Administrative Measures for the Pre-sale of Urban Commercial Housing implements a licensing system for the pre-sale of commercial housing. 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". Those who have not obtained the "Commercial Nuclear Housing Pre-sale License" shall not be pre-sold for commercial housing.
Article 7 of the Administrative Measures for the Sales of Commodity Housing shall meet the following conditions: (1) The real estate development enterprise for the sale of commercial housing shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise; (B) to obtain a certificate of land use rights or approval documents for the use of land; (C) holding construction project planning permits and construction permits; (4) It has passed the completion acceptance; (5) Demolition and resettlement have been implemented; (6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure facilities and public facilities have the conditions for delivery and use, or the construction progress and delivery date have been determined; (7) The property management plan has been implemented.
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The five certificates are necessary for real estate developers to sell houses, including: "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "State-owned Land Use Certificate" and "Commercial Housing Pre-sale License", "Construction Land Planning Permit", "Construction Project Planning Permit" is issued by the city and county people's ** urban and rural model planning department, and the "Construction Project Construction Permit" is issued by the administrative department at or above the county level; The State-owned Land Use Certificate and the Commercial Housing Pre-sale Permit are issued by the Municipal Bureau of Land Resources and Housing.
1. "Construction Land Planning Permit".
The certificate is confirmed by the administrative department of the statutory certificate, if there is no such certificate, then the developer is illegal land, while the sale of housing is also illegal, in accordance with the relevant provisions, even if the developer obtains the approval document of the construction land, but does not get the "construction land planning permit" and the construction, the construction land approval document is also invalid, then the purchase of this kind of house can not receive the real estate ownership certificate.
2. "Construction Project Planning Permit".
Construction project planning permit is the legal certificate of the construction unit construction project, the developer without this certificate is an illegal building, if the construction project planning permit is not obtained for development and construction, the urban planning administrative department will let it stop the construction, and the relevant responsible personnel will be given administrative sanctions.
3. Construction Permit for Construction Projects
Construction Permit" is the approval document for the developer to start construction, and the construction without a construction permit is illegal and not protected by law, and it cannot be started if the construction permit is not obtained.
4. "Chanmu Xun Commercial Housing Pre-sale License".
The certificate is approved by the relevant departments of real estate, the certificate is a unified registration approval and issuance of this certificate, the developer should hold the house ownership certificate and pre-sale license when selling the house, the buyer can also check the construction quality of the house, can require the developer to show the "project acceptance certificate".
5. State-owned Land Use Certificate
The State-owned Land Use Certificate is a legal certificate for land users and is protected by law.
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Five certificates for buying a house include:State-owned Land Use Permit, Construction Land Planning Permit, Construction Project Planning Permit, Construction Project Construction Permit, and Commercial Housing Pre-sale Permit. One of the most important is the "Commercial Housing Pre-sale License", as long as the developer has this certificate, he can be qualified to sell the real estate, and he can only apply for the real estate certificate in the future.
Detailed explanation of the five certificates for buying a house:
1. State-owned Land Use Certificate
The State-owned Land Use Certificate is issued by the Municipal Planning Commission. With this certificate, it means that the developer has the right to use the land, and at the same time, it will also inform the service life of this land, generally speaking, the service life of residential land is 70 years, the service life of industrial land is 50 years, the service life of commercial land is 40 years, the service life of comprehensive land is 50 years, and so on.
2. "Construction Land Planning Permit".
The "Construction Land Planning Permit" is issued by the Municipal Planning Commission, without this certificate, then the use of the land for the construction of the building is illegal. When building houses, developers must conform to the scope of urban and rural planning, and cannot build them arbitrarily. For example:
This area is planned to be residential, but the developer has built a factory, then it is illegal and not allowed.
3. "Construction Project Planning Permit".
The "Construction Project Planning Permit" is issued by the competent administrative department of urban planning in accordance with the law, and is a legal certificate to confirm that the relevant construction project meets the requirements of urban planning. If the developer does not have this certificate, then the real estate is an illegal building and cannot receive a real estate certificate. Therefore, buyers must not be greedy for cheap and ignore the importance of these documents.
4. Construction Permit for Construction Projects
The Construction Permit for Construction Projects is issued by the Municipal Bureau of Land Resources and Housing. Most developers don't build the house themselves, and usually find a contractor to help build the house. The selection of contractors is very important, related to the quality of the project, the quality of the house, etc., which are directly related to the quality of the house.
If the quality of the house is not up to par, it is easy to leak water and burst the wall in the future. Therefore, check these documents before buying a house, and your future life can be a little less troublesome.
5. "Commercial Housing Pre-sale License".
The Commercial Housing Pre-sale Permit is issued by the Municipal Bureau of Land Resources and Housing. Since many new houses are off-plan, you need to wait for a period of time before you can move in after the house is built, so it is called pre-sale. The "Commercial Housing Pre-sale License" is issued to protect the rights and interests of buyers, with this certificate, the developer is qualified to sell the house, can apply for the real estate certificate, and the purchase contract signed by both parties will be protected by law.
The complete five certificates of the house refer to the state-owned land use certificate, construction land planning permit, construction project planning permit, construction project construction permit, commercial housing sales and pre-sale license. The most important of these five certificates are the state-owned land use certificate and the commercial housing sales and pre-sale permit, both of which indicate that the purchased house is within the scope of legal transactions. The pre-sale scope of the commercial housing sales and pre-sale permit is the saleable real estate of the project, and the buyer must see whether the purchased floor is within the pre-sale range. >>>More
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