At present, the ownership of real estate in China is finally confirmed, that is, whoever owns the real estate license will have the ownership. Therefore, it is impossible to determine whether there is ownership without a property right certificate, and houses without property rights cannot be traded.
The second set of new houses refers to newer second-hand houses or vacant houses. In the case, the house that Mr. Du wants to buy falls into this category. This situation is mainly concentrated in the commercial housing listed after 2007. According to the normal process of handling houses, after the buyers move in, the developers promise to handle the real estate license for the buyers in batches within two years. During this period, the re-listed properties accounted for 70% of the whole "no room".
The developer's "five certificates" are incomplete and it is impossible to apply for a house. Legal and formal real estate development enterprises must have complete "five certificates" and "two books". The so-called "five certificates" refer to the state-owned land use right certificate, construction land planning permit, construction project planning permit and construction project construction permit.
Pre-sale permit for commercial housing sales; "Two books" refer to the residential quality guarantee and residential instruction manual, which are the basic requirements of the law for the seller.
Among them, the State-owned Land Use Right Certificate and the Commercial Housing Sales Pre-sale Permit are particularly important. However, in practice, in order to cover up the false situation, some developers often find excuses not to show the originals of these documents, always saying that they are going through a certain procedure with relevant documents.
Consumers' verification of the "five certificates" is quite troublesome, so some properties with incomplete procedures encounter difficulties in the process of handling real estate licenses in the future. It is understood that this situation generally exists in commercial housing sold before 2006, because since 2006, commercial housing began to sign online, and generally there will be no incomplete five certificates.