Therefore, houses without land certificates encounter three major risks. Although the house title certificate is in their own hands, the land use right still belongs to the real estate developer, which cannot eliminate the risk of mortgage of real estate by the "big certificate" of commercial land use right in real estate development. If you do not apply for a land certificate, some enterprises may illegally sell the land use right to others, causing unnecessary trouble to property buyers; Uneven land use certificate and real estate certificate endanger listing and trading.
Housing and land are indispensable as a whole. Only by certification and filing, and the subject of rights is consistent, the legitimate rights and interests of the parties to housing property rights will be effectively controlled. Land certificate is a legal certificate with land use right according to regulations, and a house must have real estate certificate and land use right certificate. Therefore, only when the two certificates are complete can the buyer be considered to have complete control.
The defendant should provide the property title certificate, land certificate and deed tax certificate when handling the property transfer formalities, otherwise the property right transfer cannot be handled. Therefore, if you buy a house with only a real estate license but no land certificate, then you will be rejected when you transfer, so don't think that it is a trivial matter that the house has only a real estate license but no land certificate, and get your land certificate back quickly.
What's the difference between a house title certificate and a land certificate? The house property certificate refers to the valid certificate that the buyer obtains the legal rights of the house according to the sale, and should fulfill the right to possess, use and dispose of the purchased house according to law; Land certificate refers to the legal provisions that land owners or land users have land rights or use rights.
The land certificate represents the relevant certificate that you have the right to use the land, and the house property certificate is the relevant certificate that you have the ownership of the house. With the housing property certificate and the state-owned land use certificate, you can trade, give, lease, pledge and other rights and interests of the house.
The land certificate only proves that your house has legal and compliant land use rights. If it is a state-owned land use certificate, the house inside can also be traded, donated, pledged and rented. If it is collective land (or rural homestead), then the house inside cannot be pledged, and transactions and gifts must be approved by the relevant departments of the city.
Will there be trouble in a house without a land certificate? First, it is impossible to understand the phenomenon of setting pledge.
Some real estate developers use the bank counters of land use rights as mortgage loans because of the shortage of funds. However, according to Article 182 of the Property Law, if the right to use construction land is mortgaged, the houses and buildings on the land shall be pledged together. If property buyers are not required to apply for land use right certificates, it is not easy to understand the pledge set on the land use right, and it is impossible to prevent risks immediately. Once the real estate developer can't repay the bank loan, the financial institution will bid for the land use right according to law and get priority compensation from the contract money. At this time, the legitimate rights of consumers in the real estate industry will not be safeguarded.
Second, it is impossible to find out the fact that real estate developers use land illegally.
Some real estate developers blindly pursue economic benefits, and carry out real estate development without complete land planning procedures or even the right to use construction land. Property buyers neglect to apply for land use permits, and it is difficult to detect that they are buying illegal buildings without land use rights. At this time, the real estate developers are either dead or unable to compensate, and the buyers are the ones who suffer the losses.
Certificate of land use right
Third, second-hand housing transactions cannot be carried out.
"Urban Real Estate Management Law" requires that the real estate industry must provide housing warrants and state-owned land use rights certificates for listing transactions. Many owners in the development of second-hand housing transactions, can think of going to real estate developers for land use permits, but at this time real estate developers are mostly empty shells. This has brought great inconvenience to the prospective transaction owners and also affected the rapid development of the second-hand housing market.
Fourth, it will be damaged in the compensation for house demolition.
The Ministry of Housing and Urban-Rural Development's "Guiding Opinions on Urban House Demolition Evaluation" requires in Article 3 that the evaluation price of house demolition is the real estate market price of the house to be demolished. Therefore, the compensation for house demolition includes not only the use value of the house use right, but also the use value of the land use right. Users have paid the corresponding land service fee when purchasing the real estate industry. 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 in the process of house demolition. If there is no land use right certificate, it is difficult for demolition enterprises to determine the formal application right of community owners for land.