Job Recruitment Website - Property management - Can I buy a house built on collective land for a real estate license?
Can I buy a house built on collective land for a real estate license?
Step 1: Sign the entrustment agreement.
Usually, there is a clause in the "house purchase contract" about entrusting the developer to handle the real estate license, which itself can be regarded as a separate entrustment agreement. In addition, many developers will require buyers to sign a power of attorney entrusting them to handle the real estate license in addition to the purchase contract, and agree to hand over the deed tax and public maintenance fund to them before they can move in.
Sometimes, developers will entrust relevant procedures to specialized institutions or lawyers.
At this point, you can choose a developer or an agent company to go through the relevant formalities, and pay taxes and fees such as deed tax and public maintenance fund by yourself.
Step 2: Pay the agency fee of the real estate license, public maintenance fund, deed tax and stamp duty.
When checking in, developers often ask to pay these fees. Precautions:
1. Before paying the money, please know the charging standards of these taxes and fees, so as to verify whether the developer's calculation is correct. Please refer to the appendix 1 1 of this book.
2. After paying the money, you must keep the receipt, and you must let the payee affix the official seal, and don't accept the "white note".
Step 3: Get the real estate license according to the agreed time.
After the developer or agency pays the above taxes and fees, it can get the real estate license after handling the real estate license and mortgage registration.
If the loan bank impounds the real estate license and the house purchase contract, it must look for opportunities to carefully verify the records on the real estate license, and once the records are wrong, it must request changes in time.
What is the house property certificate built on collective land? Collective houses are small property houses. It is also a real estate license plus a land certificate, but there is only one big land certificate in the land certificate. In the developer, the owner got the green real estate license.
Can a house on collective land apply for a real estate license? Hello, if it is a house on the homestead, you can apply for the homestead use right certificate and the house ownership certificate.
(1) Registration receipt. The first procedure of property right registration is to register the receipt. Registration of receipt means that the competent authority accepts the application of the property owner to claim rights. Therefore, the property owner must fill in the application form and submit relevant certificates and certificates; Those that meet the registration requirements after examination shall be accepted. That is, accept the application form and keep the relevant certificates and certificates that need further examination. (2) Surveying and mapping. It is to conduct on-the-spot investigation on the real estate that has applied for property right registration, find out the current situation of the real estate, measure and calculate the area, verify the ownership of the wall, draw the plan of the hill, make up or repair the plan of the house, and provide the basis for comprehensive property right review and drawing certification. (3) property rights review. The house applying for registration can be transferred to the property right review after careful on-the-spot investigation, measurement and mapping and mastering all the real information of the house. Property right review is a complicated and meticulous work process, which is based on the historical data of property right archives and the actual data of field investigation, the current national policies, laws and relevant administrative regulations, and the application form, wall chart list, property right certificate and certificate submitted by the applicant, and carefully examines whether the source of the property right of the house applying for registration is clear, and whether the property right transfer and house change are legal. It should be noted that the property right review here is a comprehensive and more detailed property right review, and it is a property right review after registration, inspection and drawing. (4) the right to draw. The applicant's application for real estate, after examination and confirmation, can be issued a title certificate, and should be promptly transferred to the stage of making a title certificate. The main work at this stage is to draw the title certificate that should be issued. (5) issue a certificate for compensation. It is the last procedure of property right registration and certification, which requires the registration fee receivable to be collected and put into storage, and the issued warrants are issued to the owners.
Can the house on the collective land handle the real estate license? No, the house on collective land is a small property right house with no property right certificate.
State departments at all levels have clearly stated that small property houses are not protected by law. Some legal experts also said that small property houses do not actually have real property rights, and there is no land use certificate and pre-sale permit, and the housing management department will not record the purchase contract. Therefore, even if the small property right house can be transferred, it actually does not have any legal effect. Because there is no property right certificate for small property houses, once the country takes land for demolition, the buyers will not get any compensation. According to China's Constitution and land management law, small property houses are legal, and it is illegal to demolish small property houses.
The occupation of small property houses is the direct reason for the illegal positioning of the whole small property houses. Behind the violation of small property right houses is the interest game between * * * and small property right house developers and village collectives. "* * * requisitioned land owned by rural collectives and sold it to developers for land leasing, but rural collective organizations built houses on collective land, but * * * got nothing. This is probably the fundamental reason why * * prohibits the sale of small property houses. " "At present, the core interest of small property houses is not the cost of houses. Due to the limitation of domestic inflation, the increase of housing cost is acceptable to most people. Its core interest lies in land price. Thanks to the huge rise in domestic asset prices, urban and rural residents can enjoy the special benefits of rising land prices of small property houses through gray areas to cope with high housing prices and inflation in China. "
After delivery or occupancy, there are also some practical problems that can't be ignored: because most of the small property houses were built in a short time by unqualified construction teams, there was no planning, investigation and acceptance, and some small property houses were built and decorated at will, the quality of the houses was obviously lacking, the after-sales warranty of the houses was difficult to guarantee, and the property management after occupancy was prone to problems; Small property houses are generally located in suburbs or rural areas far away from cities, with backward public facilities, extremely high transportation costs (no public transportation, it is inconvenient to take a taxi, so it is generally necessary to drive by car), and there are many hidden dangers in public safety. Property buyers are uncertain in the process of using the house, and can only use it, but it is not convenient to buy, sell or transfer; Because it is difficult to handle legal procedures such as land use certificate, real estate license and deed tax certificate. Small property houses themselves lack clear property rights, and buyers will also encounter difficulties in inheritance in the future.
: Theory. People ../GB/41038/11294267.
Can a house on collective land apply for a real estate license? number
The real estate license is the legal proof that the state protects the ownership of the house according to law. Legally speaking, you can't buy a house without a real estate license. It is recommended not to risk buying a house without a real estate license because of temporary cheapness. A house without a real estate license cannot be notarized.
Property ownership certificate has the following remarkable features:
(1) The real estate license can only be issued by the real estate authorities.
(2) The real estate license is a written proof of the ownership of a specific house, which can record the status of a specific house and whether a security interest is set. Based on the theory of one thing and one right, the principle of real estate license is one house and one license, that is, the house with independent building structure and use function (including distinguishing all houses) has only one ownership, and the real estate registration can only have one ownership registration, and accordingly only one real estate license can be issued.
(3) The real estate license can only be issued to the owner of a specific house. If the house is owned by * * *, in addition to the house ownership certificate, it can also be issued to the owner of * * * *.
(4) The real estate license is the ownership certificate issued to a specific obligee by the registration authority after registering the ownership of a specific house, and the contents of the real estate license shall be consistent with the contents of the register.
Can a house with a collective land certificate apply for a real estate license? What should I do? At present, China has not issued real estate licenses for houses on collective land. If it is a rural homestead, its collective land certificate is marked with its buildings. As long as there are construction procedures.
How to apply for real estate license for houses built on collective land in villages and towns of Guangdong Province? When you say collective land, you mean homestead and small property houses in a broad sense. Land, building approval procedures and completed houses are legal, but the current national policy does not allow housing ownership registration, entry into the commercial housing market, sale and transfer. According to the provisions of the Land Management Law of the People's Republic of China, farmers ...
Can I apply for a real estate license when building a house on the leased land? number
Property ownership certificate handling process:
(1) Within one month after the real estate transaction, both the buyer and the seller shall go to the real estate exchange to register the transfer of ownership with the documents such as the house purchase and sale contract. You need to bring your ID card, household registration book, commercial housing sales contract and other documents when you register.
(2) After receiving the transfer notice from the Exchange, the buyer and the seller should bring their ID cards, household registration books, seals, etc. After paying the handling fee, deed tax and stamp duty, you can go through the transfer formalities. The exchange will issue a real estate sales contract to the buyer. In principle, the real estate license must be handled jointly by the buyer and the seller. If the buyer and the seller or one of them cannot handle the formalities of ownership transfer and property right registration for any reason, they may issue a power of attorney to entrust an agent to handle it on their behalf.
(3) After completing the transfer formalities, the buyer shall apply for registration with the municipal or district (county) Housing and Land Administration Bureau where the house is located within three months with the house sales contract issued by the real estate exchange. The documents and materials needed to handle the application include: the house ownership certificate of the whole building owned by the seller, the commercial house sales contract, the copy of the stub of the commercial house sales invoice, the copy of the ID card, the registration form of house ownership transfer, the wall boundary table and the area calculation table.
(4) After being audited by the real estate management department, the buyer can get the title certificate.
Can a house on collective land apply for a real estate license? According to the provisions of the Measures for the Registration of Houses, the registration of rural houses and the handling of real estate licenses follow the following procedures.
1. What about the rural homestead property certificate? What materials need to be submitted?
According to the provisions of the "Housing Registration Measures", the following materials shall be submitted for applying for the initial registration of housing ownership due to the legal construction of houses:
(1) Application for registration;
(2) the identity certificate of the applicant;
(three) the certificate of the right to use the homestead or the certificate of the right to use the collectively owned construction land;
(4) The house applying for registration conforms to the urban and rural planning;
(five) the housing surveying and mapping report or the villagers' housing plan;
(6) Other necessary materials.
To apply for the initial registration of villagers' housing ownership, it shall also submit the certificate that the applicant belongs to the rural collective economic organization where the house is located.
Therefore, if you want to apply for a rural real estate license, you need to prepare the above materials first. The materials are not very clear, so you can go to the local housing management department for a simple consultation.
Second, how to handle the real estate license of rural homestead, and what is the process?
Rural housing property certificate processing process is as follows:
(1) The applicant submits the following application materials:
(2) Acceptance, the staff will accept the materials that need to be submitted after the rural real estate license is submitted.
(3) announcement;
(4) audit;
(5) expenses;
(six) recorded in the register;
(7) Issuing certificates.
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