Can commercial and residential buildings get real estate certificates?

When developing and selling commercial housing projects, it is necessary to have the "State-owned Land Use Right Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit" and "Commercial Housing Sales (Pre-sale) License". When applying for the real estate certificate, the management office will strictly review the documents provided by the buyer and the developer, and the commercial housing with incomplete documents cannot apply for the property right certificate. You ask to see these 5 certificates, if not it is a small property or an illegal construction!!

Don't buy it!

First of all, look at whether the planning and land are approved, that is to say, whether the plot has a planning permit and land use right certificate, if there is a look at whether the above nature is commercial and residential, if it is, then there is definitely no problem and planning, land, construction and other related procedures are complete It is possible to handle the house ownership certificate and land use right certificate, if there is no relevant procedures (no procedures are missing) or the development enterprise does not have qualifications, then it will definitely not be able to do the property right certificate. Real estate development companies or housing sales companies in order to sell the house also use any means to say that the sky is falling, so it is recommended that you go to the local housing management or planning department to consult before deciding whether to buy is more appropriate, do not listen to their side of the word, be careful of being deceived, I hope I can help you.

You only need to see whether the five certificates of the other building developer are complete, and then whether the purchase contract is a normative contract document filed by the Industrial and Commercial Bureau. The contract should have a time for applying for the title certificate and a clause for violating the contract.

Commercial and residential buildings have property ownership certificates. As long as the property is registered with the housing authority, there is a title deed. Commercial housing is only a commercial or office property in nature, not an ordinary residential property.

If it is a self-built house in a rural area or a self-built house on collective land, there will be no real estate certificate. These are rural homestead houses and small property rights.

[Legal basis].Article 211 of the Civil Code.

When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.

Article 217.

The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

Legal analysis: Handle the real estate certificate according to the planning permit. As long as the residential buildings above the commercial and residential buildings comply with the plan, they can apply for real estate certificates.

Legal basis: "Measures for Housing Registration" Article 30 Where an application for initial registration of house ownership is made for the legal construction of a house, the following materials shall be submitted:

1) Application for registration;

2) Proof of the applicant's identity;

C) the right to use the construction land certificate;

4) Proof that the construction project conforms to the plan;

5) Proof that the house has been completed;

6) Housing surveying and mapping report;

7) Other necessary materials.

You need to go to the housing management department to apply for the real estate certificate, and the specific process is as follows:

1. Provide the required materials.

2. Register property rights.

3. Handling of deed tax rate and payment letter1 Provide a copy of the ID card of the head of household. 2. Provide a copy of the sales invoice (with the original verification). 3. Provide a copy of the sales contract and the final supplementary contract (with original verification).

4. If the development company handles the application 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, and carefully check to ensure that the wording, various data, dates, etc. 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 A copy of the ID card of both married parties of the buyer (in principle, the original copy needs to be verified) and a copy of the marriage certificate (with the original verification) If either party cannot be present to handle it, a private seal is required, and if a third party is entrusted to handle it, the private seal of both husband and wife must be provided at the same time. The buyer is single (must be present in person, not on behalf of the agent) copy of ID card (with original verification), household registration book or household registration certificate (with original verification), single statement affidavit:

Buyers should go to the Civil Affairs Bureau to handle it locally, buyers should go to the notary office in other places, and buyers should go to the embassy to apply for a copy of the buyer's business license (or organization ** certificate) (verification original), and if the original cannot be submitted for verification, a color copy issued by the industry and commerce shall be submitted. The cost of handling the real estate certificate: 80 yuan for each set of residential houses, if there is a common warrant, the cost of production will be increased by 10 yuan, and the construction area of other real estate is 500 yuan (including 500) 200 yuan for each case below Lu Sheng m2, 300 yuan for 500 1000m2, 500 yuan for 1000 2000m2, 800 yuan for 2000 5000m2, and 1000 yuan for more than 5000m2; If the co-ownership warrant is charged, the production cost will be increased by 10 yuan.

Other taxes and fees are as follows: 1 Commercial housing deed tax - 1 5 (non-ordinary residential 3) stamp duty - 0 1 business tax - if the real estate certificate has been issued for less than two years, it is necessary to pay the business tax of the transaction **5 5. Ordinary residences that have been completed for two years are exempted, and non-ordinary residences are subject to business tax of 5 5 for the difference between **** and purchase.

2 Housing Reform Deed Tax - 1 5 (3 for non-ordinary residences). Stamp duty - 0 1 land transfer fee: the cost price of the current year multiplied by the construction area multiplied by 1.

If it is a standard price or *** housing reform house, then you also need to pay the cost price of the current year multiplied by the construction area multiplied by 6, and then pay taxes and fees. 3 Affordable Housing Deed Duty - 1 5 (Non-ordinary Residential 3) Stamp Duty - 0 1 .

1. Commercial and residential real estate certificates have commercial and residential properties.

2. Commercial and residential buildings refer to the nature of the use of the building for commercial and residential purposes, the ground floor (or several floors) of commercial and residential buildings is generally for shopping malls, shops, and business, and the rest is a residential complex commercial and residential building regardless of the main body of construction, not only developers can build, non-development enterprises, individuals can also build, there is no provision must be built.

3. The nature of land use for commercial and residential buildings is comprehensive land, and according to the provisions of the national land law, the term of use of comprehensive land is 50 years. Specifically, it can be seen whether the use is commercial or residential or commercial on the real estate certificate, which is different. Commercial and residential property rights are generally 50-60 years, residential property is generally 70 years, and commercial property is up to 40 years.

Commercial and residential buildings refer to the land that was originally used for commercial purposes, but now it is changed to residential use. The land tenure of commercial and residential buildings is 40 years, while the land tenure of residential buildings is 70 years, which will be different when applying for real estate certificates. The land use period is small, the relevant taxes and fees are higher than that of the residence, you can't use the provident fund loan, and the community management, size, security, etc. are not as good as the commercial housing community.

In the future, there will be relatively few people who buy it.

Legal analysis: Handle the real estate certificate according to the planning permit. As long as the commercial and residential buildings are in line with the plan, they can apply for real estate certificates.

Legal basis: Housing Registration Measures》 Article 30 If the application for the initial registration of housing ownership is initiated by the legal construction of a house, the following materials shall be submitted:

1) Application for registration;

2) Proof of the applicant's identity;

C) the construction land lease macro use right certificate;

4) Proof that the construction project conforms to the plan;

5) Proof that the house has been completed;

6) Housing surveying and mapping report;

7) Other necessary materials.