Processing flow of land certificate and real estate license

Briefly introduce the legal issues related to handling land use certificate and land use right registration.

First of all, handling land use certificate and land use right registration is a necessary link in real estate development. According to the Land Administration Law of the People's Republic of China revised and promulgated by 1988 and its implementing regulations (199 1 promulgated), local people's governments at or above the county level shall register the state-owned land used by units and individuals, issue state-owned land use certificates and confirm the right to use it. Therefore, the registration of state-owned land use right refers to a management system in which the superior management department investigates and verifies the state-owned land use right according to the application of units and individuals who have obtained the state-owned land use right according to law, registers and issues the state-owned land use right certificate. According to the first paragraph of Article 60 of People's Republic of China (PRC) Urban Real Estate Management Law (1994), if the land use right is obtained by allocation or allocation, it shall apply to the land administration department of the local people's government at or above the county level for registration, and after verification by the land administration department of the local people's government at or above the county level, the people's government at the same level shall handle the land use certificate. Therefore, it can be further clarified that the authority responsible for accepting and examining the land use right holder's application for registration is the land administrative department of the local people's government at or above the county level where the land applied for registration is located, and the authority issuing the certificate of state-owned land use right is the people's government at the same level as the land administrative department responsible for registration. According to the land registration rules promulgated by the State Bureau of Land Management, the procedures for the registration of state-owned land use rights mainly include the following steps: (1) The land user submits an application, that is, when the land user submits an application for registration to the relevant registration authority, he submits an application for registration of land use rights, the identity certificate of the legal representative of the land use right registrant, personal identity certificate or household registration certificate, and the source certificate of land use rights; (two) by the land ownership review authority to review the ownership, including preliminary examination, announcement, review, approval and registration and other steps; (3) Issuing certificates of land use rights.

Second, there is no separate "land use right certificate" for buyers. According to Article 62 of People's Republic of China (PRC) Urban Real Estate Management Law, if the people's governments of provinces, autonomous regions and municipalities directly under the Central Government determine a department to be in charge of housing management and land management, the local people's governments at or above the county level may make and issue unified real estate ownership certificates, and record the confirmation and change of housing ownership and land use rights within the scope of housing occupation in the real estate ownership certificates respectively. Therefore, the purchaser can only get the "Property Ownership Certificate" but not the "Land Use Certificate" after buying a house. Obtaining the "Property Ownership Certificate" means that consumers enjoy the rights of use, possession, income and disposal (mortgage, etc. ) of the house according to the provisions of the state. Therefore, it is impossible for the developer to provide you with a separate land use right certificate, and of course, there is no violation of your rights and interests, and there is no problem of returning the land transfer fee.

Third, the developer does not have the Land Use Certificate, but the consumer has the Housing Ownership Certificate. Some projects, developers did not apply for land use permits, but provided consumers with housing ownership certificates. First of all, it is certain that all such projects are flawed in development procedures. Secondly, in most cases, the so-called "house ownership certificate" provided by such project developers may not be true. If you encounter similar illegal projects, you should actively complain to the relevant government departments.

Nini reported on June-1821:35, 2008 to apply for the household registration certificate. The land owner (developer or unit) must bring the land certificate to the household registration office of the Bureau of Land and Resources before applying for the household registration certificate. The public can first consult whether the unit has registered the household registration. If the household registration has been completed, the one-time payment tenant can bring the original ID card, the house sales contract and the real estate license to the land registration office on the second floor of the Land and Resources Bureau to handle the household land certificate business.

relevant issues

6? 1 how to apply for a land certificate? I have applied for the real estate license.

6? 1 by the way, what about the real estate license of the land certificate?

6? 1 What is the relationship between the land certificate and the real estate certificate?

6? 1 How do individuals apply for land certificates?

6? 1 How much does it cost to apply for a land certificate?

Other answers

Just take the real estate license to the Land Management Bureau.

Ghost of the night 2008-06-65438

Find a real estate agent

Mu Yi & Snowdrift reported on June-1818: 44, 2008.

Ask the developer for help, because only they have the floor plan, and some of them are separated from the * * * plot! You just need to provide them with relevant information! When signing the contract, it is generally stated that the developer will assist in handling the land certificate!

Happy angel

The relevant departments have different accreditation procedures in different places. I suggest you call the relevant departments first to find out about the registration procedures and the information you need to provide. Otherwise, you will be wronged. ...

~ forever ~ report

Property first, then land. You should bring your property right certificate, house sales agreement, copy of deed tax ticket, copy of ID cards of both parties and neighbor ID cards (I don't know if you want this). It should be enough to go to the Land and Resources Bureau.

I'm talking about a bungalow

Ha Zhu 2008-06- 18 20:4 1 report

Public housing purchased by employees belongs to housing reform. If there is no land certificate, it is suggested that the housing reform and selling units should apply uniformly. After the original state-owned land use certificate of the original unit is divided and registered, the housing property owner can apply again. To register the right to use state-owned land, the materials to be provided are: a copy of the property owner's ID card, a copy of the real estate license, and a copy of the public housing sales contract.

If it is a purchased commercial house and the housing development and construction unit still exists, the development unit may be required to apply to the Bureau of Land and Resources for split filing and registration. After the Land and Resources Bureau submits the confirmed information to the Land and Resources Bureau, the Land and Resources Bureau will make an announcement at the location of the house. After seeing the announcement, citizens who are property owners can apply for registration directly at the land branches with copies of their ID cards and real estate licenses.

If the housing development and construction unit has been dissolved or cancelled, the housing owner should apply for registration with the following materials: a copy of ID card, a copy of real estate license, a certificate of the source of land ownership (provided by the original housing development and construction unit, or consulted files in the reference room of the Land and Resources Bureau, or announced at the location of the house after the ownership investigation by the Land and Resources Bureau), a house purchase contract (demolition and resettlement agreement or purchase invoice), a cadastral map or topographic map containing the plane location of the house to be registered, etc.