Extended data:
Article 14 of the Provisional Regulations on the Registration of Real Estate shall be jointly applied by both parties if they apply for the registration of real estate due to sale or mortgage.
In any of the following circumstances, the parties may apply unilaterally:
(a) unregistered real estate for the first time to apply for registration;
(2) Inheriting or accepting bequests to acquire real estate rights;
(three) the effective legal documents of the people's government or the decision to establish, change, transfer or eliminate real estate rights;
(four) the name, ownership or natural conditions of the obligee have changed, and the application for registration of change has been made;
(five) the loss of real estate or the obligee gives up the right to real estate and applies for cancellation of registration;
6. Apply for correction registration or objection registration;
(seven) other circumstances stipulated by laws and administrative regulations that can be unilaterally applied by the parties.
Twenty-fourth due to the loss of housing, the expiration of the term of land use, the termination of his rights, etc. The obligee shall apply for cancellation of registration within 30 days from the date of the fact.
When the obligee applies for cancellation of registration, it shall submit the original house ownership certificate, other rights certificates, relevant contracts, agreements, certificates and other documents.
Article 27 The registration authority shall examine the application of the obligee (applicant). If the ownership is clear and the source of property rights is complete, the initial registration, transfer registration, change registration and other rights registration shall be approved and registered within two months after accepting the registration, and a certificate of housing ownership shall be issued; The cancellation of registration shall be approved and cancelled within one month after the acceptance of registration, and the house ownership certificate shall be cancelled.
How to handle the newly purchased commercial housing property certificate by the purchaser;
Step 1: Make sure that the developer has made the initial registration, that is, the contract for the purchase of a large property right house should stipulate the time limit for the developer to make the initial registration, especially the deadline for the developer to make the initial registration and the obligation to notify in time after the registration is completed, so as to clarify the liability for compensation if it is not handled in time.
Step 2: When you get the application form for housing (land) ownership registration from the management department, you can ask in advance which department the developer's property right certificate should be handled, and then directly ask the department to avoid going astray. If you want to apply for two certificates, you may have to go to two departments and get two different application forms.
Step 3: Take the map (table). Because the surveying and mapping table is an important basis for the registration department to determine the area marked on the real estate license, and it is one of the necessary materials.
Step 4: Fill in the form, stamp it and get the relevant documents. When you ask the relevant departments in front, you must know what documents you need and get them at once to avoid the pain of running around.
Step 5: Pay the public maintenance fund and deed tax, whether it is community collection or bank collection, you need to keep the payment voucher. The payment voucher of these two funds is the necessary voucher for handling the property right certificate. Once lost, it will affect the handling of the property right certificate.
Step 6: Submit the application materials, mainly including the following contents:
Stamped Application Form The seller and the buyer who signed the pre-sale contract signed the house number, the measured area of the house, the house price settlement confirmation map, the house registration form and the house type map. Two special maintenance funds receipt, deed tax payment or tax reduction and exemption certificate, and the identity certificate of the purchaser (copy check the original). The specific requirements for submitting the loan repayment certificate to the agreed bank in advance are different in different places. Be sure to ask in advance. Be sure to keep the license notice given by the management department and get the property right certificate according to the time notified above.
Step 7: Get the property right certificate according to the specified time, pay stamp duty, property right registration fee, production fee, etc., and carefully check the records of the property right certificate, especially the important information such as area, location, owner's name and ownership status.
Step 8: Apply for mortgage registration. Some loan banks allow themselves to apply for real estate licenses without withholding them. They just need to apply for mortgage registration. In this case, the documents that need to be submitted for formalities usually include: house ownership certificate, common house ownership certificate, written opinions of co-owners agreeing to mortgage, loan contract of state-owned land use certificate, mortgage contract, and house rent signed by mortgagor and mortgagee. If the mortgagee is a financial institution, the financial license and business license can usually be submitted at the same time as the property right certificate is obtained, and the relevant documents can be prepared in advance. Different places have different specific requirements, so be sure to ask in advance.
Step 9: Hand over the property right certificate to the bank for sealing up. If the loan contract stipulates that the title certificate needs to be handed over to the loan bank for seizure. It stands to reason that after the eighth step, it is no longer necessary to hand over the property right certificate to the bank for seizure, but some banks are not at ease and often have to seize the original purchase contract for the sake of "three insurances".