Interpretation of land use right certificate How to apply for land use right certificate?

When people buy commercial housing, they usually pay attention to the quality of the house and the ownership certificate of the house, but ignore another important right, that is, the land use right in the real estate. Do you know the meaning of land use right certificate? Then, if you want to apply, how should you apply for the land use right certificate? When people buy commercial housing, they usually pay attention to the quality of the house and the ownership certificate of the house, but ignore another important right, that is, the land use right in the real estate. Do you know the meaning of land use right certificate? Then, if you want to apply, how should you apply for the land use right certificate?

What is the land use right certificate?

The certificate of land use right, also known as the certificate of state-owned land use right, refers to the legal certificate of state-owned land use right issued by the people's governments at all levels in this Municipality upon the application of land users. This certificate mainly indicates the name of the land user, the location and use of the land, the area of the land use right, the service life and the four boundaries.

When people buy commercial housing, they usually pay attention to the quality of the house and the ownership certificate of the house, but ignore another important right, that is, the land use right in the real estate. Because China implements public ownership of land, it is only by purchasing real estate that the corresponding land use right is obtained. People usually ignore the problem of land use right, and take it for granted that land is attached to houses, and obtaining the ownership of real estate means obtaining the land use right. In fact, there is no legal affiliation between property ownership and property land use right. If the land use right is neglected, it will inevitably bring risks to the purchase and transaction of residential real estate.

Certificate of land use right

Relevant provisions on the service life of land use right certificate

According to different land uses, the use period is also different.

The maximum service life is determined according to the following purposes:

Residential land for 70 years;

Fifty years of industrial land;

Fifty years of land for education, science and technology, culture, health and sports;

Forty years of commercial, tourism and entertainment land;

Comprehensive or other land use for 50 years.

The land service life is the land service life on the land use right certificate minus the used life of the land, and the remaining life is the usable life. You can apply for renewal after the expiration.

Land users who have obtained the right to use the land can transfer, lease, mortgage or use it for other economic activities within the service life, and their legitimate rights and interests are protected by state laws. ?

The harm of not having a certificate of land use right

First, it is difficult to understand the mortgage of land use right without obtaining the land use right certificate. Some real estate developers, due to lack of funds, use the land use right of construction land to mortgage loans to banks. According to Article 182 of the Property Law, if the right to use construction land is mortgaged, the buildings on the land shall be mortgaged together. If the purchaser does not ask for the land use right certificate, it will not be easy to understand the mortgage set on the land use right, and it will be impossible to avoid risks in time. Once the real estate developer is unable to repay the bank loan, the bank will auction the land use right according to law and give priority to compensation from the price. At this point, the legitimate rights and interests of property buyers will be difficult to maintain.

Second, without the land use right certificate, it is difficult to find out the facts of illegal land use by developers. Some developers blindly pursue economic interests, and carry out real estate development under the condition of incomplete construction land procedures or even no construction land use right. Property buyers don't pay attention to the land use right certificate, and they can't find that they bought illegal buildings without land use right. At this time, the developers either fled or were unable to compensate, and the buyers were the last to suffer.

Third, it is impossible to conduct second-hand housing transactions without the land use right certificate. "Urban Real Estate Management Law" stipulates that when real estate is listed and traded, it is necessary to show the house ownership certificate and the state-owned land use right certificate. Many owners in the second-hand housing transactions, can only go to the developer for land use permits, but at this time the developer has gone empty. This has brought great trouble to homeowners who want to trade, and also affected the development of the second-hand housing market.

Fourth, if you don't apply for the land use right certificate, there will be losses during the demolition compensation period. Article 3 of the Ministry of Construction's Guiding Opinions on Urban House Demolition Valuation stipulates that the appraisal price of house demolition is the real estate market price of the house to be demolished. Therefore, the compensation for demolition includes not only the value of house ownership, but also the value of land use right. Consumers have paid the corresponding land use fees when purchasing real estate. However, if the property buyers do not apply for the land use right certificate, they may not be able to obtain the corresponding land use right compensation during the demolition process. Because there is no land use right certificate, the demolition unit cannot confirm the owner's legal right to use the land.

Fifth, ignoring the content of land use right is easy to suffer unexpected losses. Land use right can be divided into residential land, industrial land, welfare project land and comprehensive land according to use. The commercial houses we usually buy are all built on residential land. But in recent years, some so-called? Single apartment? 、? A serviced apartment? Or commercial and residential buildings, developers use commercial and residential buildings or hotel-style management to attract buyers, but sometimes it is a trap for consumers, because some of these buildings are built on public construction land. Due to the different uses of construction land, buying this kind of real estate will bring many unexpected losses to consumers. For example, the area of public houses is relatively large; Transaction deed tax is higher than that of ordinary houses; High cost of property management; Short mortgage term, etc. More importantly, such buildings are usually not considered as houses, so they are generally not allowed to settle down. Therefore, when buying commercial housing, we should also pay attention to the use of construction land.

How to apply for land use right certificate?

Guidance was given on how to handle the land use certificate, the materials to be prepared in the process of handling the land use certificate, the procedures for handling the land use certificate, and the risk prevention of individuals not handling the land use certificate. What should developers pay attention to if they do not assist in handling land use permits? This paper explains the process of land use certificate and the function of land use certificate for you.

1, the allocated land shall provide the following materials:

Application report; Proof of ownership source;

Organization code certificate, legal representative qualification certificate and enterprise business license;

Two copies of the land map stamped with the seal of the boundary and the relevant planning red line;

The house number certificate of the land location issued by the police station; Relevant forms (obtained from the Land and Resources Bureau).

Land transfer must also be provided separately: transfer report,

Transfer contract,

Transaction confirmation,

Transfer agreement,

Transfer approval form,

Transfer fees and deed tax payment certificate.

2, for urban public housing and commercial housing household land certificate should provide materials.

Application report and unit land certificate; Purchase contract or real estate license; Identity card; Zongtu; Residential building plan; Relevant forms (obtained from the Land and Resources Bureau). The materials that the developer should provide for the land certificate of commercial housing entry are: application report; Parcel land certificate; Construction land permit; Transfer contract and transfer invoice; Construction project planning acceptance certificate; Construction project planning permit; Certificate of official public security number of the building; Deed tax invoice; Relevant forms (obtained from the Land and Resources Bureau). Information to be provided by the owner: approval form for land registration application for purchasing commercial housing; Identity card; Real estate license; Residential building plan.

Housing reform housing, affordable housing land use permits by the housing users and the original land units to the jurisdiction of the land and resources management department, the land and resources department in accordance with the law; If the original land unit no longer exists, the higher authorities of the housing households and units, or the units that actually use the original land now, shall apply to the land and resources management department; Houses are managed by neighborhood committees, and residents can apply to the land and resources management department by the neighborhood committees.

Commercial housing for land use permits should be handled by the building users and developers to the land and resources management departments in their respective jurisdictions. But there is a problem. The floor area of the building is very clear, but the buildings on the base belong to different owners. In this way, when handling the land ownership certificate, the land will be divided into different ownership shares according to the building area of the house. According to the national regulations, for building residents, the whole downstairs parcel is regarded as public parcel, and the shared area of each household is equal to the proportion of parcel area to the total construction area multiplied by household construction area. In addition to the building base, public walkways and public greening should be public use rights. Therefore, the owner's complete land use right should be divided into two parts: the share of the base and the right to use the public area.

3. Materials to be provided for private houses.

Application report; Identity card; Approval letter for land use; Relevant approval documents of the planning and construction department; Zongtu; Relevant forms (obtained from the Land and Resources Bureau). Among them, according to the Decision of the Municipal Party Committee and the Municipal Government on Further Strengthening the Management of Urban Planning and the Decision on Further Strengthening the Construction and Management of Urban Land Market, after May 23, 2003, private houses will no longer be approved in the built-up area of urban planning area in principle, and those without approval will be demolished according to law.

For individuals who do not apply for land use certificates, the risk will not be great. China is a state-owned land system, so it is unrealistic for individuals to handle land use rights. With various policies to raise the threshold for developers, real estate development is becoming more and more standardized, and there are not a few cases in which developers transfer land use rights certificates. Owners bought a house, and handling the house ownership certificate can basically guarantee their rights.

4. Go through the formalities of annual inspection (replacement) of land certificate.

Land users hold the original land certificate, declaration report and relevant identification materials, and collect them at the municipal administrative service hall.

5. Procedures, time limits and charging standards for handling land certificates.

The initial land registration procedures include registration and certification of application materials, preliminary examination, field investigation, examination and approval meeting and examination and approval announcement.

The processing time limit is 60 days. The fees collected include land registration fees and production fees.

The procedure of changing land registration is: first, review the application materials, and the leaders of field investigation will examine and approve the certification. The processing time limit is 30 days. The fees collected include land registration fees and production fees.

6. How to reissue the lost land certificate?

Those who have lost the land certificate should first publish a notice of loss reporting in the local newspaper, and wait for a month to go to our bureau with the newspaper, relevant appraisal materials and application report.

7. The risk of individuals not applying for land use certificates.

It shall be handled in strict accordance with the Notice of Jiujiang Municipal People's Government Office on Printing and Distributing No.25 [2006] of Jiufu Hall. Due to historical reasons, planning, land, quality supervision, fire control and other procedures are incomplete or incomplete, which does not conform to the current registration and certification policy. If the land certificate has not been obtained so far, the land certificate can only be processed after the planning confirmation is made by the Municipal Planning Bureau, the housing safety appraisal certificate is issued by a qualified housing quality and safety appraisal institution and the fire control acceptance report is issued by the fire department.

Commercial housing and housing demolition in principle by the original development unit for land registration. If the development unit is cancelled or in other places, the purchaser can apply for the house ownership certificate with the purchase contract, deed tax payment certificate and payment certificate, and apply for the household land certificate with the real estate license. Units self-built housing (including self-raised housing) and housing reform housing, by the unit to apply for land registration. If the unit has gone bankrupt or restructured, the competent unit shall be responsible for handling it.

At present, most owners have no awareness of handling land certificates. But in fact? Land use right certificate? It exists, and it always stays in the development enterprise. In fact, in housing sales, developers have allocated the land transfer fees paid when handling land use warrants in various units. However, after the owner bought the house, he can only apply for the title certificate, but not the land certificate, which is illegal in itself. In addition, after the sale of the house is completed, the land use right certificate? Become a member of the real estate industry? Minefield? If you stay in the development enterprise, the owner must bear certain risks. Because it takes a lot of money to develop a project now, it is not enough to rely on the developer's own funds. Many development enterprises have to mortgage land certificates to bank loans, once enterprises have any problems in repaying loans. This happened to Lao Zhao when the bank put the mortgaged land use right on the market.

8. The legal responsibility of the developer for handling the land use right certificate without consultation.

If a real estate development enterprise obtains the right to use state-owned land by transfer, it must develop the land according to the purpose and development period agreed in the land use right transfer contract. With the consent of the competent planning department, if the land use is changed and commercial housing is developed and built for the buyer's possession, it shall be reported to the land administrative department for approval, to the people's government that originally approved the land use, and after paying the land transfer fee to the transferor according to the land use standard of commercial nature, it shall fulfill the obligation of delivering the commercial state-owned land use right in the housing area to the buyer and bear the liability for breach of contract.

Relevant legal knowledge:

According to Article 7 of the Regulations on the Administration of Urban Private Houses in the State Council, when going through the registration, transfer or ownership change procedures of urban private houses, certificates must be submitted according to the following requirements: (2) For houses purchased, the original ownership certificate, sales contract and deed certificate must be submitted; ? .

Paragraph 2 of Article 60 of People's Republic of China (PRC) Urban Real Estate Management Law:? If a house is built on the land for real estate development obtained according to law, it shall apply for registration to the real estate management department of the people's government at or above the county level with the certificate of land use right, and the real estate management department of the people's government at or above the county level shall verify and issue the certificate of ownership of the house. ?