Is there only a real estate certificate to buy a house, and the land certificate is in the developer

No, ordinary commercial housing, you can apply for both the real estate certificate and the land certificate, and in some places, the combination of the real estate certificate and the land certificate is the same, then only the real estate certificate can be handled.

Real estate certificate application process:

1. Provide the required materials.

2. Register property rights.

3. Handling of deed tax rate and payment certificate.

1.Provide a copy of the ID card of the head of household.

2.Provide a copy of the sales invoice (with original verification).

3.Provide a copy of the sales contract and the final supplementary contract (with original verification).

4.If the development company does the work on behalf of the company, a certificate stamped by the company shall be issued when dispatching employees.

4. Precautions: Ensure the consistency of the content of the contract, invoice, surveying and mapping report and other vouchers, carefully check to ensure that the wording, data and date are consistent.

Materials required for real estate certificate processing:

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 survey and mapping questionnaire and strata floor plan of the house.

If the housing surveying and mapping report is in the old format, it is also necessary to issue a completion acceptance form and fill in the real estate registration application, and the new format only needs to provide the original field surveying and mapping survey form and strata subdivision floor plan of the house. )

4.Tax payment certificate (deed tax payment certificate).

5.The buyer is married.

Copies of the ID cards of both parties (in principle, the original needs to be verified).

Copy of marriage certificate (with original verification).

If either party is unable to attend the process, a private seal is required, and if a third party is entrusted, the private seal of both husband and wife must be provided at the same time.

The buyer is single (must be present in person, cannot be used as an agent).

A copy of the ID card (with original verification).

A copy of the household registration book or household registration certificate (with the original for verification).

Single declaration affidavit, home buyers in the local area to the Civil Affairs Bureau.

If the buyer is in a different place, he or she will go to the notary office.

Buyers abroad go to the embassy.

The buyer is a copy of the business license (or organization ** certificate) (original verification), and if the original cannot be submitted for verification, a color copy issued by the industry and commerce must be submitted.

When you buy a house from a developer, the property rights and land are handled by the developer, and the developer will handle the land for you only after the property rights are down.

Look at whether the land occupied by the house pays the land transfer fee, etc., it doesn't matter if you pay it, the land certificate is not divided by the developer, and there will be a problem if the land transfer fee is not paid!

Yes, the real estate certificate and the land certificate in one, there is a new name, called the real estate registration certificate, it is a great unification of urban and rural housing property rights certificate, under the current real estate certificate system, from the city to the countryside, there are a total of collective land ownership certificate, collective land use certificate, state-owned land use certificate, land other rights certificate and other 8 kinds of certificates.

Second-hand houses only have real estate certificates, no land use certificates, and the owner of the house together with the real estate registration agency to inquire, if you can go through the registration procedures, you can rest assured to buy, otherwise be cautious to buy.

1. In some places, the two certificates are implemented in one, that is, only one real estate certificate is issued for the real estate certificate and the land certificate, and the land certificate is not issued to the individual.

2. Having a real estate certificate means that you have the ownership of the house, including the right to use the land; As long as you have a real estate certificate, you can go to the real estate center to go through the real estate transaction procedures with the real estate certificate;

3. For long-term unit fund-raising houses, the land belongs to the unit, so there is only a real estate certificate;

4. If the land belongs to collective land, there is no land certificate;

5. The newly bought real estate land is still not divided by the developer.

As of 2021, the title and land deeds have been integrated into a real estate certificate. From March 1, 2015, real estate title certificates will be fully implemented. After the new certificate is activated, the previous thin certificate will continue to be valid, and the new certificate will not be replaced in accordance with the principle of unchanged and not replaced, and the parties cannot be required to replace it compulsorily, and the small property right house will not be issued.

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 house acquisition ** for the service life, so that the transaction is transparent and clear.

Ownership of immovable propertyLegal Provisions

Article 208 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

Article 209:The creation, alteration, transfer, and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

Article 214:Where the creation, alteration, transfer, or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.

The above content refers to Encyclopedia - Real Estate Certificate.

The above content refers to Encyclopedia - Real Estate Rights.

The above content refers to Encyclopedia - Real Estate Certificate.

The above content refers to the CPPCC website - new real estate registration certificate**.

Legal analysis: a land certificate is required. After buying a commercial house, the buyer should apply for the house ownership certificate in a timely manner, and in accordance with the principle that the ownership of the house and the subject of land use rights within the scope of the house are consistent, it is also necessary to apply for the land use certificate of the commercial house.

When buying a house with only a real estate certificate and no land certificate, when going through the real estate transfer procedures, the parties must provide the real estate certificate, land certificate and deed tax certificate, otherwise the transfer cannot be made. Therefore, if people buy a house with a title deed but no land deed, the transfer will definitely be rejected. If the transfer procedures cannot be completed, then the buyer will not be able to settle down, which are the practical problems faced by buyers.

Legal basis: Provisional Regulations of the People's Republic of China on Land Appreciation Tax

Article 1 In order to standardize the order of land and real estate market transactions, reasonably regulate land value-added income, and safeguard the rights and interests of the State, these Regulations are formulated.

Article 2 Units and individuals that obtain income from the transfer of State-owned land use rights, buildings on the ground and their attachments (hereinafter referred to as the transfer of real estate) shall be taxpayers of LAT (hereinafter referred to as taxpayers) and shall pay LAT in accordance with these Regulations.

Article 3 Land Appreciation Tax shall be calculated and levied on the basis of the value-added amount obtained by the taxpayer from the transfer of real estate and the tax rate stipulated in Article 7 of these Regulations.

Article 4 The balance of the income obtained by the taxpayer from the transfer of real estate after deducting the amount of items deducted as provided for in Article 6 of these Regulations shall be the amount of value-added.

The real estate certificate and the land certificate are generally handled by the developer together. The real estate certificate is a document that proves the ownership of the house, and the land certificate is a document that proves the right to use the land.

In practice, when the developer sells the house, the real estate certificate and the land use certificate are handled uniformly, but if individual circumstances need to be handled separately, the specific situation depends on the actual situation.

Legal basis] Article 3 of the Regulations for the Implementation of the Land Management Law, the state implements the land registration and certification 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. Land registration information can be searched publicly.

The real estate certificate and the land certificate can be handled by the developer together, and it is generally handled together. When the developer sells the house, the real estate certificate and the land use certificate are handled uniformly, but if individual circumstances need to be handled separately, the specific situation depends on the actual situation.

1. Is it legal for the developer to have no property rights for parking spaces?

1. Whether there is a property right certificate for the underground parking space in the community 1. If the underground parking garage is not rebuilt by civil air defense engineering, and is not included in the shared area of the community, the property right certificate can generally be handled. If the underground garage is built by the developer at his own expense, he has the right to ** or rent it. In addition, there is also a situation where the underground parking spaces sold by the developer or the property are civil air defense projects, but the rock trails have been changed into temporary parking spaces after approval.

2. The underground garage of the general community is used as a public supporting facility in the community, and cannot be bought and sold separately, but this kind of garage can be rented. Only garages approved on the construction planning permit can apply for a title deed. Because some garages belong to civil air defense parking spaces, such parking spaces do not have property rights certificates.

3. But if you buy an independent villa but a garage on the first floor, such a house generally cannot handle the independent property rights of the garage.

2. What matters need to be paid attention to when signing a house purchase contract?

The following matters need to be paid attention to when signing a purchase contract:

1. Adopt a unified format, generally speaking, the purchase contract is provided by the developer, so the buyer can sign the purchase contract whether the purchase contract provided by the developer is unified;

2. The processing time of the real estate certificate, the general contract will indicate the handover time of the house, but the processing time of the real estate certificate is clear. If the developer's relevant qualifications for real estate development are not complete, and the land transfer fee is not paid, it will affect the property rights of the buyer;

3. Liability for breach of contract, liability for breach of contract should be specified in the purchase contract.

Article 60 of the Law on the Administration of Urban Real Estate.

The State implements a system of registration and issuance of certificates for land use rights and house ownership.

Article 63.

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.