(a) the original housing sales contract and the original supplementary contract.
(two) the original unified invoice for the sale of commercial housing.
(three) the original form of housing field surveying and mapping and the floor plan of layered household. (If the house surveying and mapping report is in the old format, you need to issue a completion acceptance form and fill in an application for real estate registration. The new format only needs to provide the field survey questionnaire and the original floor plan of the house. )
(4) Certificate of tax payment (deed tax payment certificate)
(5) Due to the different situation of buyers, the information to be prepared is also different, and the analysis is as follows:
1. When the buyer is married, the information prepared is as follows:
(1) Copies of ID cards of both parties (in principle, the originals need to be checked)
(2) A copy of the marriage certificate (with the original attached)
(3) If either party can't attend the event, it needs to provide the private seal; if it entrusts a third party, it needs to provide the private seal of both husband and wife.
2. When the buyer is single, the information prepared is as follows:
(1) Copy of ID card (with original verification)
(2) a copy of the household registration book or household registration certificate (with the original verification)
(3) single declaration. Property buyers should go to the local civil affairs bureau and other places to the notary office. Buyers should go to foreign embassies. (You must be present in person, not as an agent)
3. When the buyer is the unit, the information prepared is as follows:
Copy of business license (or organization code certificate) (original inspection). If the original verification cannot be submitted, the color issued by the industry and commerce shall be submitted.
Print a copy.
Extended data:
Housing permit (real estate permit) refers to the certificate that the buyer obtains the legal ownership of the house through the transaction and can exercise the right of possession, use, income and disposal of the purchased house according to law. That is, the "House Ownership Certificate" is the legal certificate for the state to protect the ownership of houses according to law. Proof that the owner manages and uses his own house.
Property ownership certificate includes house ownership certificate and house ownership certificate. Generally speaking, the real estate license is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house. According to China's current housing ownership registration system, housing registration is a legal way to publicize the ownership of urban housing rights.
20 1 1 In late August, the tax authorities said that if the property was added, the deed tax would be levied at half of the house price. 20 13 In April, Beijing Municipal Commission of Housing and Urban-Rural Development stated that in order to prevent false housing transactions and ensure the safety of housing transactions,
In the future, Beijing property buyers will be able to set passwords for free. If the house needs to handle the registration business such as transfer, change and mortgage, it must provide a password to handle it. It is expected to be implemented in the second half of 20 13.
trait
As one of the certificates, the real estate license 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 principle of one thing and one right, the real estate license is based on the principle of one room and one certificate.
That is, houses with independent building structure and use functions (including distinguishing all houses) have only one ownership, and real estate registration can only have one ownership registration, and correspondingly 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.
As the house is an important real estate, related transactions are extremely common, so the real estate license is widely used in transactions. However, in practice, there are still many contradictions between the understanding of real estate license and its nature, which can be summarized into two categories:
First, reverse the relationship between the real estate license and the real estate registration book, thinking that the real estate license is the only legal certificate to prove the ownership of the house, and the registration book is only the file of the real estate license.
For example, in practice, when judging whether a person has the ownership of a specific house, it is considered that whether or not to hold a real estate license is the fundamental basis.
Second, confuse the nature of certificate and securities, and think that real estate license has the nature and function of securities and can represent the ownership of houses recorded on it.
For example, in the sale of houses, it is considered that the delivery of real estate licenses has the effect of transferring the ownership of houses; Or in house mortgage, it is considered that the possession of real estate license to the mortgagee has the effect of setting mortgage.
According to China's current housing ownership registration system, housing registration is a legal way to publicize the ownership of urban housing rights. In the transaction activities with the house as the subject matter, the acquisition, establishment and change of the property right with the house as the subject matter must be registered before it can take effect in the property law. Therefore, the confirmation of house ownership must be based on the records in the register.
As a kind of certificate, real estate license can prove the legal fact of who owns the house, but its probative force is based on the consistency between the records on it and the records in the register.
If you leave the real estate register or are inconsistent with the records in the register, the real estate license will lose the proof of the ownership of the house rights in the trading activities, but can only become the proof document that requires confirmation from the registration authority. If the register has not been changed, any individual change of the real estate license itself will not have the effect of the property law.
For example, when buying and selling a house, the delivery of the real estate license does not have the effect of transferring the ownership of the house, and the transferee of the real estate license cannot claim that he has obtained the ownership of the house on the grounds of obtaining the seller's real estate license.
After the real estate license is lost, the house owner does not lose the ownership of the house. The obligee may claim and exercise his rights according to the records in the register, and may request the competent authority to reissue the real estate license according to the records in the register. It can be seen that the real estate license can not be separated from the records in the register and play its role of proof.
The so-called "house ownership certificate is the only legal certificate for the right holder to own the house according to law and exercise the right of possession, use, income and disposal of the house" actually reverses the relationship between the real estate license and the real estate register, and misunderstood the principle, significance and applicable rules of property rights publicity.
The real estate license also does not have the function of representing the ownership of the house, which is very different from the securities. Both of them are written documents, and the main differences between certificates and securities are: certificates are only written documents to prove legal facts, and real estate licenses, as rights certificates, can only prove who the ownership of specific houses belongs to and cannot represent the rights recorded on them;
Securities can not only prove the ownership of rights, for example, even if the parties only hold an orphan certificate of securities in litigation, they can fully prove that they have rights to securities, and they can also represent the rights recorded on them. The transfer and delivery of securities will have the effect of rights transfer.
Of course, in the transaction activities related to housing, the real estate license can still play a certain role of proof. However, the real estate license is only a preliminary proof. At the beginning of the contracting process of house sale, the party who wants to sell the house can initially prove that he is the owner of the house, and the relevant contracting negotiations can be started accordingly.
If the two parties reach a preliminary agreement to sign a house sales contract, one party should not sign a contract with the other party only according to the records of the real estate license, but should go to the real estate management bureau to check the house register to find out whether the other party is the real owner of the house and whether the house is mortgaged, because only the records in the register are credible proof of ownership.
After the house sales contract is completed, the seller delivers the real estate license to the buyer, which does not have the legal effect of the transfer of house ownership. Only by registering the change of ownership subject in the real estate register (commonly known as "transfer registration") can the legal effect of housing ownership transfer be produced.
Strictly speaking, in the process of housing ownership transfer, the real estate license cannot be transferred. After the transfer registration, the real estate authorities should not transfer the original real estate license held by the seller to the buyer after the change and filing, but should take back the original real estate license held by the seller and issue a new real estate license to the buyer.
It can be seen that in the process of housing transaction, the proof function of real estate license is extremely limited, far less than other common documents in life, such as ID card, diploma, contract and so on. Of course, although the delivery of real estate license does not have the effect of property law, it still has certain proof significance in judging whether there is a debt relationship in trial practice.
For example, the delivery of real estate license can prove that there may be a contractual relationship between the two parties, and it can prove that the seller has the intention to deliver the ownership of the house; In the transaction activities involving house mortgage, the mortgagee's possession of real estate license can prove the existence of mortgage contract relationship and so on.
Reference materials; Baidu encyclopedia-real estate license