Impact of not doing real estate license:
1. According to the law, houses without real estate license or real estate license cannot be bought, sold, replaced, inherited, leased, donated or mortgaged. Even if the relevant contract is signed, it is invalid and not protected by law.
In other words, there is no real estate license, only the right to use.
2. When there is a demand for demolition, compensation for demolition cannot be obtained according to national policies and relevant demolition laws and regulations. In China, the compensation for demolition is also based on the real estate license. Without the real estate license, the compensation may be smaller than that of other householders, or it may not be compensated. Without registration and legal protection, it suffered huge losses.
Another situation is that if you don't apply for a real estate license, when there is a property dispute, the essence of this property still belongs to the developer. Do not apply for real estate license, be careful that the house is empty.
3. Real estate in China has a fixed number of years. At present, from the legal point of view, once the property right of the house expires, the owner of the house can pay for the renewal of the lease. However, without the real estate license, it is impossible to prove whose house this is.
Property ownership certificate (Property Ownership Certificate) A certificate that a property buyer obtains the legal ownership of the house through transactions 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.
According to the "Property Ownership Certificate", the voucher function of the house:
The most important function of real estate license is to ensure the safety of registration activities. Because the ownership of the house is based on the records of the real estate register, which is recorded by the registration authority and kept by the authority, and is not controlled by the obligee, if the registration authority or its staff changes the contents of the register without authorization, the obligee will face the danger of losing his rights.
In order to prevent this from happening, it is necessary for the registration authority to issue the property right certificate to the obligee after the house registration, and the content recorded in the property right certificate is consistent with the registration book. If it is found afterwards that the records in the register are inconsistent with the records in the real estate license, the obligee may raise an objection to the registration authority based on the records in the real estate license, and ask the registration authority to restore the original records and bear the responsibility.
Therefore, in the system that registration is the way to publicize real estate rights, the main function of real estate license is to restrain the behavior of the registration authority, and issuing real estate license is an important measure to ensure the safety of registration.
Extended data:
The unified registration of real estate at the city level continued to advance. The reporter learned from the Municipal Housing Security Bureau yesterday that the urban area will no longer apply for a new "Property Ownership Certificate" from September 23, which means that it officially withdrew from the historical stage and was replaced by the "Real Estate Registration Certificate".
It is understood that from next week, the Municipal Housing Security Bureau will still undertake the handling of housing transactions. The relevant person in charge said that the handling procedures and requirements remain unchanged and the two certificates will be smoothly converted.
The Property Ownership Certificate is the certificate that the purchaser obtains the legal ownership of the house through the transaction and exercises the right of possession, use, income and disposal of the purchased house according to law. Because the process of buying a house may involve loans, there are many businesses that need to be handled in the process of handling real estate licenses, and this work has long been the responsibility of the construction department.
According to statistics, since the Municipal Housing Security Bureau assumed the responsibility of housing registration, as of 5: 30 pm on September 22nd, * * * has handled nearly 800,000 transactions, involving 6.5438+0.47 million person-times, involving 6.5438+0.24 million houses, and issued about 6.5438+0.04 million ownership certificates (copies).
According to Chen Jianqiang, director of the Information Center of the Municipal Housing Security Bureau, the real estate transaction hall of the Municipal Construction Committee involves a large number of housing registration businesses such as real estate licenses, advance notices and mortgage certificates, covering the whole urban area. After decades of accumulation, the database has become very large.
The reporter learned that after the housing registration business was completely stopped, the technicians of the Municipal Housing Security Bureau retrieved the data. According to reports, this database covers all the housing registration information in the urban area. "For example, if you enter the place name of a house, you can find all the transaction information of the house, including whether there have been several homeowners, whether there is mortgage registration, or whether the transaction has been suspended.
It can be said that this is the urban housing file, which guarantees the safety of citizens' real estate transactions. The relevant person in charge of the Municipal Housing Security Bureau said, "This database will also be the basis for the future work of the construction department and the land department."
"In 2006, we digitally scanned and archived all the historical files, starting with the first real estate license, scanning them into color pictures page by page and archiving them in the database of each house. Because it is a confidential document, it is all done by our own staff working overtime on weekends. "
Chen Jianqiang said that the housing registration database had been established and expanded before the property ownership certificate was processed through paper files.
It is understood that the first real estate license in the urban area, with the registration number of 0000 1, is located at Nannian Street 127, and has been demolished. The owner's surname is Gu, and the registration application time is July 1990. There is no real estate license issued at the last municipal level. * * * * *, and the house is in Zan Bachelor's Garden Community. The owner of the information registration is Zhu, who entrusts an intermediary to handle and receive the real estate license.
The reporter learned that from next week, Jiaxing will usher in the unified registration of real estate. In order to make a smooth transition to the unified registration of real estate, the current process of handling housing transactions has not changed, and the main materials to be provided have not changed. The public need not worry.
The relevant person in charge of the Municipal Housing Security Bureau suggested that since they stopped accepting some housing registration businesses one after another from September 18, when the normal business was accepted on the 26th, the accumulated transaction volume for one week would be very large.
"Although we foresee that there may be a transaction peak and have formulated a duty and emergency treatment plan, we still advise citizens who are not in a hurry to transfer their properties to try to avoid possible transaction peaks and wait for a while."
Characteristics of real estate license
As one of the documents, real estate license has the following remarkable characteristics.
(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 theory of one thing and one right, the principle of real estate license is one house and one license, that is, the house with independent building structure and use function (including distinguishing all houses) has only one ownership, and the real estate registration can only have one ownership registration, and accordingly 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 the ownership of rights. 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.
People's Network-Real Estate Certificate officially withdrew from the historical stage.
Baidu encyclopedia-real estate license