does not have a land certificate:
1. In fact, such a house cannot be transferred. This means that it cannot be registered with the relevant state unit. This means that legally, this house does not belong to you, and the house is not subject to the law. protection. Therefore, under such circumstances, real estate transactions are very dangerous, and everyone must be cautious.
2. If it is a house demolition, you will be compensated based on the size of your house, so there should be no impact. If the land is allocated, the housing compensation may be lower. However, the transaction price of this house on the market will be lower than other commercial houses.
3. Without a land certificate, you cannot go to the bank to get a mortgage loan, because the mortgage loan requires both certificates. If you use the house to live in, there will be no problem.
What is the use of land certificate?
1 Land certificate is the legal basis for land owners or land users to enjoy land ownership or use rights.
2. The land certificate is a document proving that you own the right to use the land. . The real estate certificate is a document proving that you own the ownership of the house. The land certificate only proves that your house has legal land use rights. If it is a state-owned land use certificate, then the house on it can be sold, donated, mortgaged, rented, etc.; if it is collective land (or homestead), then the house on it can be sold, donated, mortgaged, rented, etc.; if it is collective land (or homestead), then the house on it can Houses cannot be mortgaged, and sales and gifts must be approved by the relevant village and town departments.
Real estate certificate
Land certificate application process
1. Materials required for land certificate application
1. Application form for real estate certificate. 2. A copy of the applicant’s ID card (original copy to be verified). 3. invoice and copy. 4. Household division diagram. 5. Initial registration certificate of commercial housing. 6. Commercial housing sales contract (original contract of Party B). 7. Original maintenance fund invoice. 8. Original deed tax invoice. 9. Mortgage registration application form. 10. Principal debt contract (loan contract) and real estate mortgage contract . 11. Letter of authorization from the mortgagee (loan bank). 12. Letter of authorization (issued when the applicant cannot handle the application in person, and a copy of the trustee’s identity document must be provided at the same time, and the original must be verified).
2. Land certificate application process
The first step is to obtain the following things from the developer:
1. House ownership registration application form (stamped by the developer); 2. House stratification and household plan; 3. House purchase invoice; 4. , Map of applying for land certificate.
Land certificate transfer fees
1. What are the land certificate transfer fees?
Land certificate transfer fees paid: deed tax 1.5%, stamp duty 5‰. If you buy a house from an intermediary, you need to pay the intermediary agency fee of 1%. In addition, if you need a loan , you also have to pay the bank's loan fees, including attorney fees and assessment fees, etc. After receiving the real estate certificate, apply for a land certificate. If the land is allocated, you must also pay a land transfer fee (3% of the land price determined by the local government). If the land is transferred, you do not need to pay. In addition, there are sporadic fees.
Land certificate transfer processing
1. The specific procedures for handling land certificate transfer are:
Bring the house purchase contract, real estate certificate and the ID cards of both parties to the Housing Management Bureau (or the hall of the real estate transaction center) to handle the transfer procedures. Social services are provided there, and every step of the process is There are prompts in every link, which is very convenient. After the real estate certificate is collected by the hall, you pay the house price. Then pay the deed tax (usually 1.5% of the house price) and stamp tax (0.05%). After receiving the real estate certificate, apply for the land certificate. If the land is allocated, you must also pay the land transfer fee ( 3% of the land price determined by the local government), if the land is transferred If you buy a house from an intermediary, you don’t have to pay it. In addition, there are all sporadic fees. The land certificate transfer fee payable is: deed tax 1.5%, stamp tax 0.5%. If you buy the house from an intermediary, you need to pay the intermediary agency fee of 2.5%. In addition, if you need a loan , you also have to pay the bank's loan fees, including attorney fees and assessment fees, etc. The standard fee is 2,800 yuan for less than 200,000 yuan (including 200,000 yuan), and an additional 50 yuan for each additional 10,000 yuan above 200,000 yuan.
Land certificate inquiry
Land use right certificate Inquiry method
Because the land use right certificate is generally issued by our county-level land and resources bureau, and due to various reasons, our country cannot make inquiries online because it requires online inquiry. The system requires A large amount of money is invested, but also for safety reasons, so so far we have not been able to build an online land use rights certificate registration and inquiry system. Of course, the big reason is that our general county-level finance does not yet have this. Financial resources, so if we want to inquire, we still have to go to the Bureau of Land and Resources, the issuing authority, to inquire, but of course we can also entrust our lawyer to go to the Bureau of Land and Resources to help with the inquiry. Therefore, it can be said that it is very inconvenient to inquire about the land use rights certificate, but we can entrust a lawyer to do it, which is also convenient.
Land certificate
Land certificate and real estate certificate
The role of real estate certificate and land certificate
(1) The house buyer obtains the legal ownership of the house through transaction and can exercise the rights of possession, use, income and disposal of the purchased house in accordance with the law.
1. The real estate certificate first serves as proof that the registration behavior of the housing management department has been completed correctly; 2. The most important role of the real estate certificate is to ensure the safety of the registration activity. The ownership of the house is recorded in the real estate registration book of the housing management department and is not under the control of the right holder. If the staff changes it without authorization, the right holder will face the risk of losing his rights. It is necessary for all registration authorities to issue real estate certificates with the same contents as those in the registration book to the rights holders.
In fact, my country's urban commercial housing has officially implemented the "land use right certificate" and "housing ownership certificate" two certificates into one in 2003. From September 1, 2008, the two certificates have been fully implemented into one, collectively known as It is " real estate warrant ".
Apply for a land certificate now. You need to know whether your property is state-owned land or collective land. If it is state-owned land, then you take the property certificate to the land office under your jurisdiction to apply for a land certificate (provided that the developer has completed the land transfer procedures). If it is collective land, you cannot get a land certificate because the land belongs to the village committee or the unit.
Most of the current commercial buildings do not have land certificates. They are collective land certificates issued by developers.
To apply for a land certificate, consumers who purchase commercial housing must first require the developer to provide a large land certificate. After the home buyer purchases the commercial housing of the developer, the developer will then go to the land bureau of the district where the land is located to apply for land subdivision registration.
1. For house transfer together with the transfer of land use rights, the house sales agreement, house photo, and original land use certificate must be submitted.
2. If the house is inherited together with the land use rights, the house photo, original land use certificate, notary certificate or agreement signed by the owner of the right to use the land and street certificate are required for donation.
3. Land registration for new houses requires submission of building approval documents from the land and planning department.
4. If the land certificate is lost or damaged, the land rights holder shall promptly file a record with the original certificate-issuing authority, apply for a new certificate, and make an announcement in the local newspaper. If there is no objection within thirty days from the date of announcement, the original land certificate will be canceled by the original land certificate and a new certificate will be issued.
5. Both parties must go to the bureau together to handle transactions such as buying and selling, inheritance, and gifting.
6. In addition to submitting the above information, entrusted agents must also provide a power of attorney signed and sealed by the principal.
The above are the land certificate matters that the editor has learned about (if you want to know more about real estate matters, please continue to follow the editor!)
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