Importance of state-owned land use certificate
Land Use Certificate is a very important property right. Failure to issue the Land Use Certificate as agreed in the contract is a breach of contract by both the developer and the owner. Power? Infringement.
State-owned land use certificate is not only an integral part of residential real estate property right, but also a more important part.
1, lack of land use certificate, real estate? Property rights? Incomplete. Because Article 59 of the Real Estate Management Law stipulates that the state practices a system of registration and certification of land use rights and house ownership? This shows that real estate? Property rights? Including housing ownership and land use rights. The real estate bought by the owner includes house ownership and land use right, but now the developer only gives the owner house ownership and no land use right.
2. Without the Land Use Certificate, the transfer of real estate involving land use rights has no legal effect. Article 9 of the Property Law stipulates that the establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; It doesn't take effect without registration? . Without the State-owned Land Use Certificate, the owner will have no legal significance? Land use right? .
3, the lack of "state-owned land use certificate" of the real estate value seriously shrunk. According to Article 149 of the Property Law, the right to use residential construction land will be automatically renewed upon expiration? . This provision makes the original residence with a life span of only 70 years available for use. Automatic? Extension. Manufacturing? Residential? The nature of private property handed down from generation to generation is established in the form of law. But if you buy a house without a state-owned land use certificate, you will have no land use right, what's more? Handed down? How much is this house worth?
Procedures for handling state-owned land use certificates
The applicant (user) for land registration shall apply to the Bureau of Land and Resources with relevant materials proving the source of land ownership.
1, land registration application
(1) the government's approval document on the origin of the parcel, and the construction land permit. Submit the relevant land ownership materials that are effective in the operation procedures such as bidding, auction and agreement of state-owned land use rights.
(2) If the land use right is obtained by buying, selling, inheriting or donating, the agreement on the transfer of land use right, notarial certificate and state-owned land use certificate of the original land shall be submitted.
(3) Submit the ID card and residence booklet of the land registration applicant. Land users of enterprises and institutions shall submit the legal person land registration certificate, organization code certificate and legal person ID card.
2. Cadastral survey
On-the-spot investigation, verification, measurement, plot sketch and red line map of land registration applicants. Find out the location, ownership nature, boundary, area, use and related information of land users. It is also required that the boundaries of the four neighbors of the parcel be clear and uncontroversial, and be signed and sealed after confirmation.
3, land ownership audit
The land registration authority shall review the land registration application, ownership source materials and cadastral survey results submitted by land users, and decide whether to approve the legal procedures for the registration of land ownership of users who apply for land registration.
4, the issuance of state-owned land use right certificate.
(2) Assessment cost
According to the administrative license fee standard, the fee is calculated according to the total benchmark land price assessed by the parcel evaluation report.
■ The state-owned land use certificate is suspended or not issued.
"State-owned land use certificate" is a legal document that proves that land users (units or individuals) use state-owned land and is protected by law. In any of the following circumstances, the license shall be suspended or not issued:
(a) unauthorized occupation of land;
(two) illegal sublease, transfer of land use rights;
(three) more levy and less use, to levy substitution, waste of land;
(4) illegal construction;
(five) the ownership of the ground buildings is unclear;
(six) affecting urban and rural planning, environmental protection or fire safety;
(seven) there are objections and disputes about the land use right;
(eight) the construction of permanent or semi-permanent buildings on temporary land;
(nine) the land management department in the audit that temporarily unable to issue certificates.
This certificate is also more important for ordinary property buyers. If the relevant units do not get the certificate, then the house bought by the buyers will be considered as illegal construction, which will bring a lot of necessary troubles.
■ What should I do if the state-owned land use certificate expires?
The term of the state-owned land use certificate shall be calculated from the time when the developer obtains the state-owned land use certificate. According to the provisions of Article 21 of the Urban Real Estate Management Law, if the land user needs to continue to use the land after the expiration of the term stipulated in the land use right transfer contract, he shall apply for renewal at the latest one year before the expiration. In case of renewal, the land use right transfer contract shall be re-signed.
In addition, buying a second-hand house, if the house does not have a state-owned land use certificate, shows that the land use right of the house, the nature and duration of the land use right of the house is uncertain. Therefore, we must be cautious when buying this kind of house.
● How to apply for the state-owned land use certificate?
All commercial housing, affordable housing, poverty alleviation housing and housing reform housing with individual property rights can apply for state-owned land use certificates.
Handling the state-owned land use certificate requires the original and photocopy of the title certificate and the original and photocopy of the ID card. After 2009, new residential areas need to obtain the pre-division registration and transfer certificate of the developer or property. The fee for handling the state-owned land use certificate is: the certificate fee is 20 yuan, and the land registration fee is 13 yuan, totaling 33 yuan/book. In addition, the state-owned land use certificate does not need annual inspection. According to the current policy, the state-owned land use certificate does not need to pay an annual fee. ? full text
● Change of State-owned Land Use Certificate
1. Personal commodity kit:
The following original materials shall be provided for the change of the land use certificate of the commodity suite:
1. If a land transfer contract has been signed or a land use certificate has been obtained, the contract and land certificate shall be submitted. ? full text
● The role of state-owned land use certificate and house ownership certificate
1, the state-owned land use certificate is a legal document that legally owns the state-owned land use right, and the real estate license is a legal document that legally owns the house ownership. ? full text
● How to apply for the state-owned land use certificate when the spouse dies?
For the questions raised by two listeners, the director of Fushun Land Transaction Management Center gave a clear answer: in this case, you can apply for a land use certificate. ? full text
● Classification of state-owned land use certificates
Housing reform and affordable housing land? Land use certificate? Handling: the lessee and the original land unit shall apply to the land and resources management department of the jurisdiction, and the land and resources management department shall handle it according to law; If the original land unit no longer exists, the housing household may apply to the higher authorities of the unit or the unit that actually uses the original land to the land and resources management department; Houses are managed by neighborhood committees, and residents can apply to the land and resources management department by the neighborhood committees. ? full text
■ Legal advice and answers:
● Duration of real estate license and state-owned land use certificate
Q: Property certificate. How long is the state-owned land use certificate?
Lawyer of Zhonggu French Open answers: The real estate license is valid for life.
The term of the state-owned land use certificate is 70 years, which can be automatically renewed upon expiration.