Interim regulations on assignment and transfer of the right to use state-owned land in cities and towns
Article 12 The maximum term of assignment of land use rights shall be determined according to the following purposes:
Residential land for 70 years;
Industrial land for 50 years;
The land use period for education, science and technology, culture, health and sports is 50 years;
Commercial, tourism and entertainment land for 40 years;
50 years of storage land;
Comprehensive or other land use for 50 years.
What does the historical land written on the real estate license mean? Due to historical reasons, some land use rights are sold by agreement or auction, and the state-owned land use certificate is issued after the land department directly confirms the right. This part of the land is called "historical land".
What does it mean to buy a house and settle in the real estate license? According to the requirements of housing registration information specification, the words "buy a house and settle down" should not appear on the real estate license. You can consult the Housing Authority.
There are three main ways to handle the transfer of housing property rights:
I. Transfer of house property right according to the gift of house property right:
1, required materials:
Parents bring their ID cards, household registration books, marriage certificates, house ownership certificates and proof of father-son relationship. Children bring their ID cards, household registration books and marriage certificates to the local notary office to notarize the house property right donation contract, and then bring the above procedures to the local house property right registration department to transfer the house property right, so that the house property right can be transferred to their children's names.
2. Costs required for transfer:
(1) notary fee: 2% of the house price,
(2) Appraisal fee: 0.5% of the house price.
(3) Deed tax: 3% of the house price.
(4) Land value-added tax: 65438+ 0% of the house price.
(5) Income tax: 65438+ 0% of the house price.
(6) Property registration fee: 100.00 Yuan.
Two, according to the sale of housing transfer:
1, required materials:
Parents bring their ID cards, household registration books, marriage certificates, and house ownership certificates. Children bring their ID cards, household registration books, and marriage certificates to the local house property rights registration department to handle the transfer procedures of house property rights transactions, and then transfer the house property rights to their children's names.
2. Costs required for transfer:
(1) Deed tax: first-time house purchase under 90 square meters1%; 1.5% is 90-65438 square meters; /kloc-3% for houses over 0/40 square meters.
(2) Business tax: the property right of the house shall be exempted for five years, and 5.5% of the house price shall be paid for less than five years.
(3) Land value-added tax: the property right of the house is exempted for five years, and it is paid at 1% of the house price for less than five years.
(4) Income tax: the property right of the house is exempted for five years, and if it is less than five years, it shall be paid at 1% of the house price or 20% of the difference between the original value and the present value of the house. (The original value of the house is generally calculated according to the last deed tax. )
(5) House transaction fee: paid according to the construction area of 6 yuan/m2.
(6) Property registration fee: 100.00 Yuan.
(7) Housing appraisal fee: 0.5% of the appraisal amount.
Third, the transfer of property inherited according to law:
1, required materials:
(a) for the transfer of real estate license, the decedent shall cancel his household registration at the local police station and apply for a death certificate:
(2) To handle the transfer procedures of the real estate license, you should go to the district or municipal notary office (the original export commercial housing went to the municipal notary office) to handle the notarization of inheritance rights. There are two kinds of inheritance of real estate: one is testamentary inheritance and the other is legal inheritance. The materials to be submitted are:
1, decedent's death certificate:
2. To handle the transfer of real estate license, you need to provide the real estate license or other supporting documents of the house;
3, household registration book or other documents that can prove the relationship between the decedent and the legal heir:
4. The identity certificate of the heir is required for the transfer of the real estate license:
Other materials to be submitted for notarization of testamentary succession right: the will made by the decedent (the will must be notarized, and other forms of wills will not be adopted temporarily because their authenticity cannot be determined).
(three) to apply for the transfer of housing registration, the applicant is the heir or legatee.
The applicant shall submit the following documents to the registration authority: application for registration of real estate (original), identity certificate (photocopy), certificate of ownership of real estate (original), notarized document of inheritance right or will certificate, notarized certificate of bequest acceptance (original) \ deed tax payment certificate (original).
(4) bequests are different from statutory inheritance and testamentary inheritance, and they need to be taxed.
2. Costs required for transfer:
(1) notary fee: 2% of the house price,
(2) Appraisal fee: 0.5% of the house price.
(3) Stamp duty: 0.05% of the appraised house price.
(4) Land value-added tax: 65438+ 0% of the house price.
(5) Property registration fee: 100.00 Yuan.
Remarks: The most economical transfer method depends on the situation of the house. For houses that have been purchased for more than five years, business tax shall be exempted when they are resold. If this suite is the only property of the family, it is not only exempt from business tax, but also exempt from personal income tax. If it is a house within five years, it is cheaper to choose a gift transfer. Parents can consult the real estate management department when handling the transfer and choose the way that suits them to transfer the house to their children.
According to the requirements of housing registration information specification, the words "buy a house and settle down" should not appear on the real estate license. You can consult the Housing Authority.
What does it mean that the house has been mortgaged on the property certificate? It means that the house has been mortgaged and needs to meet certain conditions before it can be mortgaged.
Loan conditions of mortgage loan:
Have a legal status;
Have a stable economic income, have the ability to repay the loan principal and interest, and have no bad credit record;
There is a legal and effective purchase contract;
If the newly purchased house is used as the maximum mortgage, it must have a legal and effective purchase contract, the age of the house is within 10 years, and the down payment of not less than 30% of the total price of the purchased house has been prepared or paid;
If the mortgage loan has been purchased, the original mortgage loan has been repaid for more than one year, the loan balance is less than 60% of the value of the mortgaged house, and the mortgaged house has obtained the property ownership certificate, and the age of the house is within 10 year;
Being able to provide effective guarantee recognized by the loan bank;
Other conditions stipulated by the lending bank.
What does it mean that the real estate license says that the monthly rent is 88.5? Are you sure it's a real estate license? Not proof of public rental housing or low-rent housing? In the early days, there was a certificate called house passbook, which was a public rental house in the early years! With this certificate, the rent is written on it.
What does it mean that the real estate license says "sole ownership"? Your father acquired the ownership of the house during his marriage with your mother. In the case that your grandfather didn't make it clear that the house was given to your father personally, even if the property ownership certificate says "one person owns it", it should be recognized as the common property of your parents. Therefore, your mother owns 50% of the property.
What does it mean that the real estate license says industrial land? Legal real estate, land use right and house property right are inseparable. In other words, the house follows the house everywhere. Therefore, if you have legal property rights, it means that you have corresponding land use rights.
What does the column on the title certificate mean? Now the land is allocated by the state, so there is no problem in writing it like this.