If you don t apply for a land certificate when you buy a house, will it have any impact on you?

Reply to the non-application for land certificates:

If you don't apply for a land certificate to buy a house now, it should be a small property right house. Small-property rights are circulated within the collective, and the land certificate is the original collective land use certificate.

If the second-hand housing transaction, housing reform, it is possible that the land is still collectively allocated land, this kind of transaction in the second-hand market, is to pay the land transfer fee, after the payment, you can still apply for the land certificate.

At present, the commercial housing, the real estate certificate and the land certificate are two certificates in one, and there is no situation where the land certificate is not handled. Moreover, the real estate certificate in many cities has also been cancelled, which is called the real estate certificate. If you don't get a land certificate, there is something wrong with this house, and it's better not to buy it.

Response to the 40-year period:

The residential property is 70 years of usufruct and the commercial is 40 years. It means that the right to use the land is 70 or 40 years, and the house is yours forever. Now it has been renamed the real estate certificate, and it is not clear how the state will deal with this land use right after the expiration of 70 years.

But don't worry about this, that's what the whole country does. In the future, the state may make adjustments in terms of taxes, laws, etc., to solve the problem of renewal after expiration.

You should check whether the house you buy is a commercial house, and the regular commercial house has a land certificate. If there is no land certificate, it may be a previous collective house, which is a large land certificate, and individuals do not have it. There is no problem in buying and selling this kind of house, but in case of house demolition, it is generally paid according to the land, which may have an impact.

The land certificate for commercial housing is 70 years, and the business house (shop) is only 40 or 20 years. When the National People's Congress was in session, it was discussing what to do when the period of use expired, but it has not yet been officially followed. Rest assured, the national regulations will have come out long ago when the expiration date.

Besides, most houses will be demolished and rebuilt before they expire.

Generally, when buying a house, you have to get two certificates, namely the real estate certificate and the land use right. These two certificates are proof of your ownership of the house. Nowadays, most people ignore the existence of land use certificates when buying houses, thinking that land use certificates are useless.

If the developer can't apply for the land use certificate of the house for you, then you should pay attention to 1 is whether the acquisition of the land use right of the house is legal, and whether it is a real estate developed in violation of regulations. 2. Now there is no land certificate can you get a loan in the bank, 3 is the land rights (such as the right to lighting, adjacent rights, etc.) are infringed and cannot be protected, so please be cautious when buying a house.

In fact, such a house cannot be transferred, which means that it cannot be registered with the relevant state units, which means that in law, the house does not belong to you, and the house is not protected by the law. Therefore, in such a situation, real estate transactions are very dangerous, and everyone must be cautious. If you help others buy a house in your own name, you will lose your qualification to buy a house, increase the cost of buying a house again, and be prone to property rights disputes.

Such a house cannot be bought, although there is a real estate certificate, but there will be a lot of disputes when the transfer is made. When you buy a house, the cost of buying a house will increase a lot, and if it is a loan, you will also face overdue, which will affect your credit and affect your children's future.

This can be bought, but the scope of the transaction involved may be relatively small, and the rights to the house in the future are not complete. There may be some financial disputes, and sometimes the act of buying a house will be invalid.

First, it is difficult to know the situation of creating a mortgage on the land use right, so it is impossible to avoid risks in time. Second, it is difficult to discover the fact that the developer is using the land in violation of regulations. Third, second-hand housing transactions will be affected.

The Urban Real Estate Management Law stipulates that real estate listing transactions must present a house ownership certificate and a state-owned land use right certificate. Fourth, it will suffer losses when compensating for demolition. The land certificate means that the landowner or land user has the right to own or use the landLegal basis

If the landowner has the land certificate, then he can use the land by himself, and he can also transfer the land use right, make capital contributions, lease or make a mortgage.

Legal basis

Article 38 of the Urban Real Estate Management Law shall not transfer the following real estate: (1) the land use right obtained by way of transfer does not meet the conditions provided for in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; (3) Recovering the right to use land in accordance with law; (4) Co-ownership of real estate without the written consent of the other co-owners; (5) The ownership is disputed; (6) Failing to register and receive a certificate of ownership in accordance with the Joke Law; (7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal analysis: The consequences of buying a house without a land certificate are: first, it is difficult to know the situation of setting a mortgage on the land use right, and it is impossible to avoid risks in time; Second, it is difficult to discover the fact that the developer is using the land in violation of regulations. Third, second-hand housing transactions will be affected. Fourth, it will suffer losses when compensating for demolition.

Legal basis: Article 5 of the Land Management Law of the People's Republic of China The competent department of natural resources is responsible for the management and supervision of land nationwide. The establishment and duties of the local people's departments in charge of natural resources at or above the county level shall be determined by the people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the relevant provisions.

According to the law, when the land use right is transferred, the ownership of the above-ground buildings and other attachments is transferred with it, and when the land user transfers the ownership of the above-ground buildings and other attachments, the land use right within the scope of its use is also transferred. The title deed and the land deed are inseparable. From a legal point of view, the real estate certificate and the land certificate are the proof that the owner owns the property and the right to use the land, and the two are inseparable.

If you do not apply for the land certificate in time after buying a house, you will face three major risks: 1. Although the real estate certificate is in your own hands, the land use right still belongs to the real estate developer, which cannot rule out the risk that the developer will mortgage the bank with the "big certificate" of the land use right. 2. If the land certificate is not processed, some units may be illegally transferred to others, causing buyers to suffer unnecessary losses.

3. If the land use certificate and the real estate certificate are not complete, they shall not be listed and traded. In addition, after the buyer has the land certificate, the buyer has the right to say no when the developer violates the plan and carries out commercial development of green space or other public areas without authorization.

There is no impact.

First, not all houses have real estate certificates and land certificates, and many of the houses that have been renovated and newly built only have real estate certificates, not land certificates. The procedures were simplified, and the two certificates were combined.

Second, the State is now in the process of registering immovable property. In the future, whether it is the real estate certificate, or the real estate certificate and the land certificate, it will be replaced with the "real estate property certificate of the People's Republic of China".

Third, since March 1, 2015, the Interim Regulations on Real Estate Registration have officially entered the practical stage, which will play a fundamental role in the collection of real estate tax and promote the reform of a package of systems such as inheritance tax and property rights protection.

Fourth, 15 cities such as Chengdu, Qingdao, Guangzhou, Hangzhou, Xiamen, Jinan, and Wuhan will be launched ahead of schedule, which means that the "real estate certificate" (property ownership certificate of the People's Republic of China) of residents in these cities will be successively replaced with "real estate certificate" (real estate property right certificate of the People's Republic of China).

Fifth, there is a difference between the new "real estate ownership certificate" and the "real estate certificate" held by the current residents, and the outer page of the "real estate certificate" is written in the upper right corner of the real estate registration mortgage right, remote registration, seizure registration and other registration types; The content of the inner page stipulates the right holder, the type of certificate, the certificate number, the common situation, the type of right holder, the reason for registration, the period of use, and the acquisition (in units of 10,000 square meters).

As we all know, the outer page of the "real estate certificate" only has the property right certificate of the People's Republic of China, and there is no other content, and the inner page of the real estate certificate includes the owner of the house, the common situation, the location of the house, the registration time, the nature of the house, the planned use, the condition of the house and the land status.

The comparison between the two shows that the "real estate certificate" is more detailed than the property rights of the real estate certificate, because the "real estate certificate" has taken an evasive attitude towards the service life of the house and the house **, which are directly related to the interests of citizens, and the "real estate certificate" clearly stipulates the "start and end date" and the acquisition of the house **, so that the transaction is transparent and clear. "The registration of immovable property is integrated with the Property Law, which clarifies that the land use right is automatically renewed, and how to renew it still needs to be discussed. ”

1. If the house you buy is a commercial house, the developer has a total land use certificate, and you only have a real estate certificate, and it doesn't matter if you have a land use certificate. The land area of the community is shared by your owners.

2. If you are not buying a commercial house (the house has no legal procedures), the developer is illegally developing, and there is no land use certificate, then your house is very troublesome.

1. The Property Law stipulates that immovable property shall be registered. If you don't have a land use certificate, you can't register real estate, and you can't apply for house ownership. Without a title deed, your rights and interests cannot be well protected, and it is difficult for you to sell the house in the future, and without a title deed, you cannot prove that you are the legal owner of the house.

In addition, the house cannot be mortgaged without a title deed.

2. Your house is an illegal building, and it may be demolished. And you will not be compensated. You can only recover from the developer, if you know that it is an illegal building, and you buy it for the sake of cheapness. You can't get compensation from the developer.

It may affect the income of future demolition or when the land needs to be replaced when the land expires.