Tips for buying a house: Do you know "five certificates, two books and one table"?

Five certificates, two books and one form are necessary documents for developers to sell commercial housing. As a developer engaged in real estate development, only by knowing the contents of the five certificates can we prepare the relevant materials in advance and avoid the losses caused by the delay in applying for the certificate. Then, as a property buyer, a careful understanding of the "five certificates" can also help you reduce the risk of buying uncompleted residential flats.

What are the "five certificates" of real estate?

How to deal with it? What is the specific process of each card?

As a real estate development enterprise, to develop any project, we must handle five certificates according to the policy. Namely: State-owned land use permit, construction land planning permit, construction project planning permit, building construction permit and commercial housing sales (pre-sale) permit, which we call "five certificates" for short and "two books and one form" for short.

In the process of handling "five certificates and two books", the most important ones are "State-owned Land Use Certificate" and "Commercial Housing Sales (Pre-sale) Permit", which shows that the sale of houses is a legal transaction. The pre-sale scope of the Commercial Housing Sales (Pre-sale) Permit is the saleable property of this project, so buyers must see whether the purchased floors are within the pre-sale scope.

At present, developers can't get the state-owned land use permit without obtaining the construction land planning permit and the construction project planning permit, and they can't get the pre-sale permit without obtaining the above two planning permits and construction permits. When the developer obtains the pre-sale permit, it can prove that the project has passed the government's approval in planning, engineering and land use, and has the qualification to enter the market for commercial housing development.

State-owned land use certificate

"State-owned land use certificate" is a legal document that proves that land users (units or individuals) use state-owned land and is protected by law. It is mainly used for reform houses, affordable housing, commercial housing and other land in cities and towns in various planning areas, and is distributed to individuals or enterprises with land use rights.

How to obtain the "State-owned Land Use Certificate" for real estate?

Most of the land supplied by the state to the real estate industry is uniformly sold to city investment or some development enterprises by land investment companies established by the government. Another part of the land is provided to the public by the government's public resources bureau, and developers usually obtain high-priced land directly from the public resources bureau at competitive prices. Therefore, the materials for the development enterprise to apply for the state-owned land use certificate are handled by the functional departments of the Bureau of Land and Resources, and the development enterprise can directly obtain the state-owned land use certificate as long as it has the ability to pay the money.

"State-owned land use certificate" is the legal certificate of state-owned land use right issued by the people's governments at all levels in this Municipality after the application of land users. This certificate mainly indicates the land user's name, land location, use, land use area, service life and "four areas" scope.

land use permit

The planning permit for construction land in the real estate industry is the proof that the construction unit legally uses the land, and it is the procedure that needs to be handled before allocating the land. Determine the location, land use scope, land use nature and other related planning indicators of the proposed project.

What is the difference between it and the construction project planning permit?

The construction land planning permit is the construction land used for the project after you agree to have the right to use this land, which is approved by the local land authorities. The construction project planning permit embodies many planning indicators, such as determining the red line, planning the total land boundary, planning the available land boundary, opening position and coordinates, floor area ratio, greening rate, number of underground parking spaces, above-ground and underground building areas, number of units, storey height, building foothold, building distance from the red line, building density, etc. , approved by the local planning department.

Prerequisites for handling the planning permit for construction land:

I. Supply of land by means of transfer:

1. Obtain the contract for transferring the right to use state-owned land.

2. Obtain the approval, approval or filing documents of the construction project (project documents)

3. Get the notice of planning conditions

2. Land supply by allocation:

1, for site selection advice.

2. Obtain the approval, approval or filing documents of the construction project (project documents)

"Construction Project Planning Permit" is the legal certificate that the construction project meets the needs of urban planning.

planning permit of construction engineering

"Construction Project Planning Permit" is a statutory requirement for construction projects to handle planning acceptance, commercial housing sales (pre-sale) and housing property registration in building construction permits. This certificate is used to confirm the legal status of relevant construction activities and protect the legitimate rights and interests of relevant construction units and individuals.

If a real estate developer develops and builds without obtaining a construction project planning permit or in violation of the provisions of the construction project planning permit, which seriously affects urban planning, the competent department of urban planning administration shall order it to stop construction, dismantle or confiscate illegal buildings, structures and other facilities within a time limit, and the responsible persons concerned may be given administrative sanctions by their units or the competent authorities at higher levels.

Processing conditions and required information

1, the construction project planning permit shall be submitted:

(1) written application

(two) the application form for the construction project

(3) Construction project approval, approval and filing documents

(4) Business license of the enterprise

(5) Real estate development qualification

(6) Construction land planning permit

(7) the ownership certificate of the relevant land use right.

(8) legally approved general layout design drawings (3 copies)

(9) Construction drawings and design drawings made by units that have obtained survey and design certificates.

(10) Review opinions issued by relevant departments in charge of construction, civil air defense, water conservancy, environmental protection, cultural relics and energy conservation.

(1 1) Other materials specified by laws, regulations and rules.

Note: The design drawings and construction drawings of the general plan must be submitted in the form of electronic documents.

Building construction permit.

The legal proof of the construction unit in the construction permit is also one of the main bases for the registration of house ownership. A building without a construction permit is illegal and not protected by law.

Construction permit handling process

1, the applicant applies to the relevant unit;

2, need to provide a bunch of documents:

(1) application form for building construction permit in duplicate (original);

(2) Project approval and investment license;

(3) land use right certificate and construction land permit;

(4) Whether the demolition permit or the construction site meets the construction conditions (original);

(five) the construction project planning permit;

(6) Letter of acceptance or negotiation confirmation;

(7) A copy of the construction project contract (original);

(8) Proof of funds (original);

(9) Power of Attorney for Quality Supervision;

(10) Record Form for Safe Production Conditions of Construction Projects;

(1 1) supervision contract and supervision enterprise qualification certificate, business license, list of supervisors of this project, copy of certificate, contact telephone number or information of engineering and technical personnel of the construction unit;

(12) Copy of safety production license, copy of business license, copy of qualification certificate of construction enterprise, and original certificates of "Class III personnel" of principal responsible person of enterprise, on-site responsible person and on-site full-time management personnel of safety production;

(13) Construction organization design (attached with the roster of project site management personnel);

(14) project manager's certificate, project manager's manual and contact telephone number;

(15) Letter of approval for drawing review and a complete set of construction drawings and technical data (original) that have passed the review;

(16) Letter of Commitment on Completion Document of Construction Project;

(17) Certificate of total cost, advance payment and payment plan of safety protection and civilized construction measures (original);

(18) foreign construction (supervision) enterprises provide deposit registration form;

(19) Submit a copy of the fixed metering fee receipt;

(20) Other materials required by laws and regulations.

Commercial housing sales (pre-sale) license

"Commercial Housing Sales (Pre-sale) License" The approval document issued by the real estate management department of the municipal and county people's governments to allow real estate development enterprises to sell commercial housing.

Commodity pre-sale permit handling process

1. Application Form for Pre-sale Permit of Commercial Housing;

2. Power of attorney of the legal person applying for the pre-sale permit of commercial housing;

3, commercial housing pre-sale permit application report, with commercial housing pre-sale plan;

(1) The pre-sale plan for commercial housing shall explain the location, area, structure, use, level, decoration standard, construction progress description, completion delivery date, price, layered floor plan, property management after delivery, self-sale or consignment, etc.

(2) If the agency sells, it shall provide the business license of the agency and the qualification record certificate of the intermediary agency (copy).

4. Business license (copy);

5, real estate development qualification certificate (copy);

6, development project information (copy);

7. State-owned land use right certificate (original);

8, the construction project planning permit (original);

9. Construction permit (original);

10, engineering construction contract (copy);

1 1, construction and review general plan (copy);

12, Report on Surveying and Mapping Results of Real Estate (original);

13, Agreement on Supervision of Commercial Housing Pre-sale Funds;

14. If the application materials are photocopies, affix the official seal of the applicant and bring the original. If the original application materials cannot be provided, a copy confirmed by the relevant department to be consistent with the original shall be submitted.

Two books

The "two books" in the "five certificates and two books on real estate" refer to the "residential quality guarantee" and "residential instruction manual". The "two books" can be used as a supplementary agreement to the commercial housing sales contract, and are legal documents and guarantee documents provided by real estate development enterprises to the buyers when the commercial housing is delivered for use.

"Residential Quality Guarantee" is a legal document for real estate development enterprises to bear the quality responsibility for the commercial housing sold. Real estate development enterprises shall bear the warranty responsibility in accordance with the "residential quality guarantee". After the sale of commercial housing, if the property management company and other units are entrusted for maintenance, the entrusting unit shall be clearly stated in the "Residential Quality Guarantee". The residential quality guarantee shall include the following contents: the quality grade approved by the engineering quality supervision department; The foundation and main structure shall be guaranteed within a reasonable service life; Warranty content and warranty period of all parts under normal use: the roof is waterproof for 3 years; Leakage of wall, kitchen floor, basement and pipeline 1 year; The ground is sunken and cracked, and sand is blown in a large area 1 year; Cracking of doors and windows and hardware damage 1 year; The pipeline is blocked for 2 months; Heating and cooling systems and equipment 1 heating period or cooling period; Sanitary ware 1 year; Lighting and electrical switch for 6 months; The warranty period of other parts shall be agreed by the real estate development enterprise and the user.

Instructions for the use of residential buildings: explain the structure and performance of residential buildings, the types, performance and standards of various parts (components), and put forward matters needing attention in use. "residential instruction manual" refers to the text provided by the residential selling unit to the user when delivering the house, informing the user of the safe, reasonable and convenient use of the house and related matters. The instructions for the use of the house shall specify the plane layout, structure, ancillary equipment, supporting facilities, detailed structural drawings (indicating the position of the load-bearing structure) of the house, as well as the provisions and prohibitions that the house shall not be occupied, damaged or moved during use. According to the regulations, the "residential instruction manual" should be used as an annex to the residential (each set) transfer contract. If there is a problem with the use of the house, the manual will become an important basis for resolving disputes between developers and owners.

a wrist watch

The "one form" in the "five certificates, two books and one form" is the completion acceptance record form.

The record form of completion acceptance is the most important document in the process of repossession. According to the relevant regulations, each item on the form must be reported to the relevant competent department for the record. Without any item, the property is a "dark building" and cannot be occupied.

According to the regulations on the management of commercial housing sales, "five certificates, two books and one form" is an important certificate for developers to sell. The most important of the "five certificates of immovable property" are the state-owned land use certificate and the commercial housing sales (pre-sale) license, which indicates that the purchased house belongs to the legal transaction category. "Two Books" are the product quality assurance documents that real estate development enterprises must submit to buyers when developers deliver houses to buyers. It is suggested that buyers must ask the developer for it when accepting the delivery.