What does the registration of commercial housing ownership mean

Commercial housing refers to the residential buildings operated by real estate development companies (including foreign-invested enterprises) with business qualifications after obtaining land use rights through transfer under the conditions of market economy, all at market price**. It is composed of costs, taxes, profits, collection fees, location, level, orientation, quality, material price difference, etc. In addition, from a legal point of view, commercial housing refers to all kinds of commercial housing that can be freely traded in the market in accordance with laws, regulations and relevant regulations, and is not restricted by the first policy, including newly built commercial housing, second-hand housing (stock housing), etc.

According to the different sales objects, commercial housing can be divided into two types: export commercial housing and domestic commercial housing. Commercial housing only refers to the houses approved by the relevant departments, developed by the real estate development and management company, and used for market rental after completion, including residential, commercial buildings and other buildings, while self-built, participated in the construction, commissioned construction, and self-use of residential or other buildings do not belong to the scope of commercial housing. It is a house developed and constructed by the developer for sale, which can do the property right certificate and land certificate, and can be customized as the property right house.

The registration of commercial housing ownership means that the buyer registers the ownership of the house and the mortgage rights arising from the mortgage of the loan, and confirms the ownership of the house in accordance with the law, and goes to the housing management department for handling the loan application after approval!

Legal analysis: property rights registration is divided into broad and narrow meanings: the broad meaning of property rights registration refers to the application for property right registration to the real estate management authority where the house is located within the scope of the specified registration. Property registration in a narrow sense refers to the registration of the ownership of the house and the registration of other rights of the house.

Legal basis: "Law of the People's Republic of China on the Administration of Urban Real Estate" Article 60 The State implements a system of registration and issuance of certificates for land use rights and house ownership. 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.

Ownership of commercial housing means that the ownership of the house is permanent, and as long as the house does not collapse, the house has always been the property owner.

The term of house ownership is permanent, while the term of land use right is 40 years, 50 years or 70 years according to the 1990 Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Use Rights. The maximum term of land use right transfer for residential land is 70 years, and the land transfer fee can be repaid after the expiration of the term, and the land use right can be obtained again.

The ownership of the house is perpetual, and as long as the house does not collapse, the house remains the owner. But we are a socialist country, and the land is state. According to the different project establishments, the period of renting state land is also different, 70 years for residential, 50 years for industry, science, education, culture, health and sports, and 40 years for commerce, tourism, and entertainment.

Introduction to land use rights

Land use rights are land use rights transferred by the state to organizations, institutions and individuals, and according to the Constitution of the People's Republic of China, the ownership of land belongs to the state and collectives. The tenure of land for civil residential land is up to 70 years, the maximum length of tenure for industrial construction and comprehensive land is 50 years, and the maximum tenure for commercial buildings is 40 years.

House ownership is a kind of private property right and is protected by the Constitution of the People's Republic of China. According to Article 64 of the Property Law of the People's Republic of China (effective as of October 1, 2007), private individuals enjoy ownership of their legal income, Bixiang houses, daily necessities, production tools, raw materials and other immovable and movable property. Its years are permanent.

1) Housing ownership registration refers to the registration of housing ownership and other housing rights such as mortgage rights and pawn rights arising from the above-mentioned rights on behalf of the competent real estate department, and confirming the ownership of housing property rights in accordance with the law.

2) If the right holder (applicant) is a legal person or other organization, its legal name shall be used, and its legal representative shall apply; If the right holder (applicant) is a natural person, the name on his identity document shall be used. In the case of a co-owned house, the co-owners shall apply for the same application. Public housing directly managed by the competent department of real estate shall be registered directly by the registration authority.

3) The right holder (applicant) can entrust the first person to apply for the registration of housing ownership. When the right holder (applicant) applies for registration, it shall submit the valid certificate of the unit or relevant person to the registration authority. When applying for registration, in addition to submitting the valid certificate of the person to the registration authority, the written power of attorney of the right holder (applicant) shall also be submitted to the registration authority.

1. The housing ownership registration certificate is opened in **.

Generally, it is issued at the local real estate trading center, and you can bring your ID card.

Further inquiries are advised with the local real estate trading center.

Housing property rights are generally legal documents that prove that the holder has the ownership of the house in accordance with the law and exercises the rights of possession, use, income and disposal of the house through the house ownership certificate.

Documents required for proof of real estate:

1) Fill out the application form for housing property registration, which can be obtained at the local housing authority;

2) Provide a purchase contract and a demolition and resettlement agreement;

3) Provide invoices for the purchase of houses;

4) Provide the floor plan and initial registration certificate, if the initial registration certificate has not been processed, you can bring the commercial housing sales certificate and land use list, which may be used.

Note: If you are under the age of 18, you need to provide a copy of the household register, it is best to bring the original, and the original may be verified. The certificate must be issued in person, and if you need to entrust another person, you need to provide a power of attorney that has been notarized by a notary public.

If you buy a house in a unit, you also need to provide a letter of introduction to the relevant departments (the nature of the unit needs to be indicated, who to entrust to handle it), the original of the completion settlement book, and the "Housing Quality Assurance Certificate" and "Housing Instruction Manual" need to be provided.

2. What are the contents involved in the registration of housing ownership?

The contents involved in the registration of housing ownership include: the registration of housing property rights refers to the act of registering the ownership of urban houses by the relevant state organs in accordance with the law, including general registration, initial registration, transfer registration, change registration, registration of other rights and cancellation of registration. A house is a real estate, and the acquisition and change of ownership of the house is marked by the registration of the property rights of the house.

Housing ownership registration refers to the registration of the property rights of the house owners in the real estate registration agency to confirm their complete rights to the house, which is an important means to ensure the legitimacy and authenticity of the real estate rights.

Housing ownership registration refers to an important means for house owners to register their house property rights in the real estate registration agency in order to notarize the ownership relationship and ensure the legitimacy and authenticity of real estate rights. In the case of house sale, mortgage, legal disputes, etc., it is necessary to check the relevant housing ownership documents. In China, the registration of housing ownership is carried out within the real estate registration agency.

In accordance with the provisions of the Interim Regulations on the Registration of Immovable Property, the registration of immovable property shall use modern information network technology to verify the identity of the applicant for registration and the authenticity and legitimacy of the content of the application, and update and publicize the information on the status of rights and changes in a timely manner. To register the ownership of a house, you need to check the historical ownership of the house and provide relevant supporting materials such as relevant contracts, certificates, receipts, etc. Next, fill out the "Application Form for Housing Ownership Certificate" and submit it to the local real estate registration center for processing.

After the review is passed, you can receive the certificate of housing ownership.

What is the significance of housing ownership registration? Housing ownership registration is an important means to confirm the complete rights of the owner of the house to the house, which can ensure the legitimacy and authenticity of the property rights. At the same time, the registration of housing ownership is also the basis for the circulation of housing rights and interests such as loans, sales, inheritance, gifts, exchanges, mortgages, etc., which is of great economic significance.

Housing ownership registration is one of the important protection measures for the right to change the real estate, which can ensure the legitimacy and authenticity of the right, and is the basis for the circulation of housing rights and interests such as loans, sales, inheritance, gifts, exchanges, mortgages, etc., and has important economic and legal significance. For real estate sales, mortgages, etc., it is recommended to consult relevant professionals to learn more about the relevant legal regulations.

Legal basis]:

Article 209 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, except as otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Housing ownership registration refers to the act of the housing registration agency recording the housing rights and other matters that should be recorded in the housing register in accordance with the law, and is a publicity method for the change of real estate rights. China implements a unified registration system for immovable property, and the establishment, alteration, transfer and extinction of housing property rights shall take effect after registration in accordance with the law, and the transfer of housing ownership shall be subject to registration.

The ownership of the land core of the housing right refers to the ownership of the various rights carried by the house. If there is only ownership, the ownership should be determined; If there is a lease, the ownership of the lessor and the lessee should be determined; If a mortgage is created, the ownership of the mortgage should be determined. And so on.

2. Transfer registration: If the house is sold, exchanged, gifted, inherited, transferred, purchased with real estate as a share, or as a condition of cooperation, it is merged (separated) with a legal person or other organization, a legal person or other organization is established by another person, a real estate is used to pay off debts, and the ownership of the house is changed in other legal ways, the party concerned shall apply for transfer registration;

3. Change of registration: If the name of the house owner (co-owner) changes, the address of the house is changed, the area of the house is increased or decreased, and the registration status of the house is changed, the right holder shall apply for change of registration;

6. Registration of replacement and replacement of certificates: if the certificate (certificate) is lost, apply for replacement registration; If the certificate (certificate) is damaged, apply for card replacement registration.

Legal basis]:Article 8 of the Judicial Interpretation on the Trial of Cases Involving Disputes over Urban Housing Lease Contracts.

If the leased house is unusable due to any of the following circumstances, and the tenant requests to terminate the contract, the people's court shall support it:

1) The leased house is sealed by a judicial or administrative organ in accordance with law;

2) The ownership of the leased housing is disputed;

3) The leased house violates the mandatory provisions of laws and administrative regulations on the conditions for the use of the house.

About the meaning of the registration of the ownership of the house.

The registration of housing ownership refers to the registration of the ownership of the house and other rights of the house such as mortgage rights and pawn rights arising from the above-mentioned rights on behalf of the real estate administrative department, and confirms the ownership of the house property rights in accordance with the law.

"Housing rights holders" refers to legal persons, other organizations and natural persons who enjoy the ownership of the house and the land use rights and other rights of real estate within the scope occupied by the house in accordance with the law. Applicants for housing rights refer to legal persons, other organizations and natural persons who have acquired houses and submitted applications for housing registration, but have not yet obtained house ownership certificates.

The certificate of ownership of the house is the only legal certificate for the right holder to have the ownership of the house in accordance with the law and to exercise the right to occupy, use, benefit and dispose of the house.

The registration of housing ownership shall follow the principle that the ownership of the house and the subject of land use rights within the scope occupied by the house shall be consistent. Where a department of the local people's area at or above the county level is responsible for real estate management and land management, it may make and issue a unified real estate right certificate, and in accordance with the provisions of the "Urban Real Estate Management 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. The style of the real estate right certificate shall be reported to the construction administrative department for the record.