Refers to the owner's ownership of the house and the right to use the land occupied by the house. The specific content is that property owners have the right to possess, use, benefit and dispose of real estate according to law.
What is land use right?
Land use right refers to the authority of the owner of land use right to land use, including development right, income right and disposal right. The government will transfer the right to use state-owned land to land users within a certain period of time through auction, bidding and agreement. After the expiration of the land use right, if the land use meets the requirements of urban planning at that time, the land user may apply for continued use, and may continue to use it after approval and land price compensation.
What is the legal effect of the registration of real estate rights?
Real estate rights registered according to law are protected by law. After the registration of real estate rights, real rights are legally recognized. The property owner can exercise the right of possession, use, disposal and income of his real estate according to law, and no one else has the right to interfere or hinder it, otherwise the property owner can request legal protection according to law.
Which department is responsible for the registration and certification of real estate?
According to the Regulations on the Registration of Real Estate, the competent department of real estate, namely the Municipal Housing Authority, is the real estate registration authority, and the registration and certification work is specifically undertaken by the Surveying and Mapping Property Rights Office of the Bureau and its branch real estate rights registration office.
What is the function of real estate license?
"Real Estate Certificate" is a certificate for the obligee to manage, operate, use and dispose of real estate according to law, and it is also a certificate for legally owning real estate.
What are the types of real estate registration?
The types of real estate registration are divided into initial registration, transfer registration, mortgage registration, change registration and other registration.
Which real estate contracts need notarization?
According to relevant regulations, if one party to a real estate contract is an overseas person or institution, it must go through the notarization procedures of the contract. It is stipulated that domestic people must also apply for contract notarization.
What is the initial registration of real estate rights?
Refers to the registration of land use rights and ownership of buildings and attachments that have not been confirmed by the registration authority and obtained the certificate of real estate rights.
How is the term of land use determined?
If a contract for the assignment of land use rights is signed with the Bureau of Land and Resources, the land use period shall be implemented in accordance with state regulations. Namely: residential land for 70 years; Fifty years of land for industry, commerce, education, science and technology, culture, health and sports; Forty years of land for tourism and entertainment; Comprehensive land or other land for fifty years.
What is an auction house?
Auction refers to the period from the time when the developer obtains the pre-sale permit of commercial housing to the time when the real estate title certificate is obtained (initial registration is completed). Commercial housing in this period is called faster, and consumers should sign pre-sale contracts when buying commercial housing at this stage. The auction house in Hong Kong and Macao is called "uncompleted residential flats", which is a common way for real estate developers to sell houses. Buying an auction house means that the buyer is buying a real estate project that is still under construction.
What is an existing house?
Xianfang refers to the commercial housing for which the developer has completed the property right certificate (property right card), and consumers should sign a sales contract for Xianfang when purchasing commercial housing at this stage. The existing house in the usual sense refers to the house whose project has been completed and accepted.
Five Certificates and Two Books
Five certificates: a. construction land planning permit; B construction project planning permit; C. construction project commencement certificate; D. state-owned land use certificate; E. Pre-sale permit for commercial housing;
Two books: a "residential quality guarantee" and b "residential instruction manual";
What conditions do developers need to meet for the pre-sale of commercial housing?
(1) The land use right has been registered according to law, and the property right certificate has been obtained;
(2) Obtaining a construction permit and a construction permit;
(3) In addition to paying off the land price, the funds invested in the development of the building have reached 25% of the total investment in the project budget and have been verified by certified public accountants;
(four) the real estate developer and the financial institution signed the prepayment supervision agreement;
(5) The land use right has not been mortgaged or the mortgage relationship has been lifted.
Meet the above conditions, after approval by the competent department, issued a "pre-sale permit for commercial housing".
16. What taxes and fees do buyers need to pay when they apply to the developer for registration of purchasing first-hand commercial housing?
Insurance premium mortgage fee deed tax registration fee stamp duty
What is real estate mortgage?
It refers to the act that the debtor or the third party (mortgagor) provides the creditor (mortgagee) with the real estate legally owned by him as collateral. Real estate mortgage is a form of real estate mortgage.