Why is the rural real estate certificate delayed?

Reasons for developers.

1. The developer did not obtain the complete five certificates when selling the house.

The five certificates refer to the "State-owned Land Use Certificate".

Planning permit for construction land.

Construction Project Planning Permit

Construction Permit, Commercial Housing Pre-sale Permit or Commodity Housing Sales Permit. If any of the five certificates are missing, it is impossible to obtain a title certificate.

If the house with incomplete five certificates is not purchased, it is better for the buyer not to buy it. Many developers say that the relevant documents are being processed at the time of sale, and if the buyer must buy, he should pay attention to the housing management department to verify whether what the developer said is true. Buyers should pay special attention to whether the building they choose is within the scope of the pre-sale permit.

2. The developer changes the nature of the house and changes the plan without authorization.

Although the developer has obtained five certificates, it has changed the nature of the use of the house without permission. For example, if the housing management department approves a residential building, but the developer sells it as a commercial building, when he goes to apply for the title certificate, of course, he will not be able to apply for the title certificate of the commercial building. In addition, if the developer changes the plan without authorization and builds in violation of regulations, it is also impossible to obtain the housing capital.

3. The developer mortgages the house to others.

The developer has obtained five certificates and has obtained a large title certificate, but the developer has mortgaged the house to someone else, and at the same time, the house has been mortgaged. Buyers who buy this type of home are even more at risk. If the developer fails to fulfill the debts due in time, and the mortgagee demands the realization of the mortgage, the buyer will definitely have no title certificate, or even the right of residence.

No, in the end, the buyer can only get back the price paid through litigation, and whether he can get it back is another matter. Therefore, buyers should fully understand the condition of the house before buying a house.

4. The housing quality inspection is unqualified.

According to the "Regulations on the Quality Management of Construction Projects.

Article 16 The construction project experience can be delivered only if it is qualified. Only if the acceptance is qualified, the developer can deliver the house to the buyer for use. There are quality problems in the new houses built by the developer, and if they cannot pass the acceptance of the relevant departments, they will not have the conditions for delivery, they will not be able to hand over the house, and they will not be able to handle the house book.

5. The developer is in arrears with various fees and taxes and housing maintenance that should be paid to the state.

Wait. 6. Developers are unable to apply for real estate certificates for projects developed on collectively owned land.

You ask the local housing sales center or the local ** Why is there a reason why it is not issued, so be sure to consult the local authorities.

Legal analysis: First, it may be that when you build a house, it is over the standard, for example, when you approve 100 square meters, then you actually occupy 120 square meters when you build a house, so it is illegal to build, first to deal with this illegal construction matter, and then you can handle the confirmation of homestead rights. Second, it is the situation of one house and two households, and now the state's policy on rural homesteads is one house per household, and if a family wants to occupy one more homestead, it must be divided, and some peasants usually do not demolish the old houses when building houses, which creates a situation of one household and two houses, which violates the state's policy.

3. There is also a situation that some people's hukou has moved to the city, but there is still your homestead in their hometown, which causes the ownership of the homestead to be not in your name, and the real estate certificate cannot be issued, which is the reason.

Legal basis: Article 7 of the Interim Regulations on the Registration of Immovable Property Article 7 The registration of immovable property shall be handled by the people's ** real estate registration agency at the county level where the immovable property is located; The people of municipalities directly under the Central Government and cities divided into districts may determine that the immovable property registration agencies at the same level shall uniformly handle the registration of immovable property in their respective districts. The registration of immovable property that crosses county-level administrative regions shall be handled separately by the immovable property registration agencies of the county-level administrative regions that cross county-level administrative regions.

If it cannot be handled separately, it shall be handled through consultation by the real estate registration agency of the administrative region at the county level; If the negotiation fails, it shall be designated by the common people's ** real estate registration department at the next higher level.

Law of the People's Republic of China on the Administration of Urban Real Estate Article 60 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.

The rural real estate certificate is uniformly handled, why hasn't my family issued it yet?

It may be that the following situations have occurred: one silver is demolished for many houses, members of the village collective are not members, and illegal construction leads to no distribution. One household with multiple halls (according to the current relevant laws and regulations, rural families must be carried out on the principle of one household and one house, and the excess will not be issued with relevant property rights certificates), non-members of the village collective body (the homestead can be bought and sold or exchanged within the members of the village collective, if it is a non-village collective member who buys the village land to build a house, then it is not possible to confirm the right, and it is also illegal and needs to be punished), illegal construction (this kind generally refers to illegal construction, especially the construction of houses on agricultural land, At the same time, such houses cannot be confirmed without a legal application process, and the destruction of agricultural land will face severe penalties and demolition).

Summary. Under normal circumstances, the issuance of rural real estate certificates is subject to the supervision of local people, because the approval process of local real estate is more complicated, and the resources of local approval personnel are limited, so the issuance of rural real estate certificates will be relatively slow. In addition, due to the fact that there are many land ownership disputes in rural areas, the local government will also strengthen the review of rural real estate certificates to ensure the authenticity and legitimacy of real estate certificates, which is also one of the reasons for the slow issuance of rural real estate certificates.

Under normal circumstances, the issuance of rural real estate certificates is subject to the supervision of local people, because the approval process of local real estate is more complicated, and the resources of local approval personnel are limited, so the issuance of rural real estate certificates will be relatively slow. In addition, there are more land ownership disputes in rural areas earlier than the Regret or Feng Youtuan, and the local government will also strengthen the review of rural real estate certificates to ensure the authenticity and legitimacy of real estate certificates, which is also one of the reasons for the slow issuance of rural real estate certificates.

I'm sorry I don't understand, but can you elaborate on that?

Reasons: 1. The issuance of rural real estate certificates needs to go through a variety of audits, including land use rights, house ownership, housing registration, etc., and these review procedures take a certain amount of time, so it may lead to delays in the issuance of rural real estate certificates. 2. The issuance of rural real estate certificates is subject to the supervision of the local government, and if the approval procedures of the local government are not strict enough, it may also lead to a delay in the issuance of rural real estate certificates.

Solution: 1. When handling the rural real estate certificate, the relevant review procedures should be completed as soon as possible to ensure the timely issuance of the rural real estate certificate. 2. The supervision of local governments should be strengthened to ensure the strict implementation of the approval procedures to ensure the timely issuance of rural real estate certificates.

Personal tips: 1. When applying for a rural real estate certificate, you should try to prepare sufficient materials to ensure the smooth progress of the review process. 2. Attention should be paid to the approval procedures of the local government to ensure the timely issuance of rural real estate certificates.

Related knowledge: The rural real estate certificate is the certificate of rural house ownership, the proof of rural house ownership, the effective certificate of rural house ownership, and the effective certificate of rural house ownership.

Legal analysis: Some farmers did not apply for homesteads, and chose their own land to build houses privately. Because such an act is illegal, it is not recognized by the collective or the law, and the real estate cannot be registered.

People from other villages who buy houses that are barricad, who build houses without legal procedures, and people who buy houses in rural areas cannot acquire houses in rural areas.

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

Fourth State implementation of land use control system.

The State prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land.

The term "agricultural land" as used in the preceding paragraph refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, aquaculture water surface, etc.; Construction land refers to the land for the construction of buildings and structures, including land for urban and rural residential and public facilities, industrial and mining land, land for transportation and water conservancy facilities, land for tourism, land for military facilities, etc.; Unused land refers to land other than agricultural land and construction land. Jane Slide.

Units and individuals using land must use land in strict accordance with the purposes determined in the overall land use plan.

Article 11 The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.

The rural real estate certificate is uniformly handled, why hasn't my family issued it yet?

This is the identification of the real estate of farmers. The real estate certificate is to have the right to confirm, not only the real estate, the homestead should also be confirmed, and now the whole country has been unified to the national fan to deal with the soil resources department, and the name has also been changed to the real estate certificate, no longer separate the real estate certificate and the homestead certificate. The rural real estate certificate is not a homestead use certificate.

The rural real estate certificate is a document that the property owner obtains the ownership of the house through self-construction, joint construction, division of property or transactions, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law; It is a legal certificate issued by the county and city housing management department in accordance with the law and the state protects the ownership of the house in accordance with the law. The homestead use certificate is a homestead use certificate obtained by an individual, which is issued by the village and town housing department and is a local certification document. The title deed is a basis for compensation for demolition.

The purpose of confirming the ownership of farmhouses is to confirm the ownership of farmhouses by farmers, so that all the profits generated by farmhouses in the future can be owned by farmers. Avoid disputes. In the past, many ownership rights of rural land were not clear due to historical problems, and land transfers between farmers were only through oral agreements, and you could directly consult the village committee to see whether the real estate certificate had been fully handled, and you had to go to the village committee or town committee to understand the specific details.