1. "Building Land Planning Permit".

Before the developer applies to the land authority for land allocation, it must be confirmed by the local urban planning administrative department that the project location is in compliance with the legal certificate of urban planning.

2. "Construction Project Planning Permit".

Legal documents that need to meet local urban planning requirements before building a building.

3. "State-owned Land Use Certificate".

Before using the land, land users should have the legal certificate of land use rights endorsed by the district, county, and municipal government departments; the information in the certificate records the name of the land user, land location, purpose, and land use. Area, service life and other information.

4. "Construction Project Construction License".

When building real estate, real estate developers need legal certificates from government construction units for construction. If construction is carried out without a construction permit, it is an illegal construction and is not protected by law.

5. "Commercial Housing Sales (Pre-sale) License".

In the construction of real estate, it is necessary to have legal certificates from the district, county, and municipal government real estate management departments to allow real estate development companies to sell commercial housing.

Why do you need to look at the five certificates when buying a house?

You must know that whether the five certificates are complete directly affects your interests and is related to the legality of the house you are buying. When buying a house with incomplete five certificates, buyers often face the following dilemmas:

1. Contracts signed by buyers without five certificates have no legal effect

According to the Civil Code , contracts signed under "violating the mandatory provisions of laws and administrative regulations" are all legal. Therefore, it is illegal for developers to sell houses without a "House Pre-sale License", and thus has no legal effect. ;

2. Developers who do not have the Five-Year Certificate may "steal their efforts"

If there is no Five-Year Certificate and it is an off-plan community, there is no way to confirm the building, floor, unit, room number, etc. , it may happen that the building purchased changes, and floors exceeding the plan are purchased;

3. Developers without five certificates may "sell more for one house"

If Home buyers and the houses they purchase cannot be sold through legal procedures, and some developers may take advantage of this loophole to sell more than one house.

4. Unable to handle mortgage procedures

Without the five certificates, home buyers cannot handle mortgage procedures and cannot pay for the house through mortgage. If a home buyer purchases a commercial house without a pre-sale permit through a certain channel of loan, once the company defaults, the home buyer will not only lose the house, but also have to repay the loan to the bank.

5. Unable to apply for house property rights

Without the five certificates, developers cannot handle completion acceptance procedures, and buyers cannot apply for property rights certificates at the housing registration department for commercial houses purchased. Even if the house is handed over and moved in, the property rights still cannot be processed.

6. The house may be demolished at any time

If the developer builds a house on collective land but does not go through the land acquisition procedures, it will not be able to obtain the five certificates. The house is the so-called "small property right house". Houses with small property rights are illegal buildings and are at risk of being demolished.

Legal basis:

Article 5 of the "Measures for the Administration of Pre-Sale of Urban Commercial Housing"

The pre-sale of commercial housing should meet the following conditions:

(1) All land use rights transfer fees have been paid and the land use right certificate has been obtained;

(2) Construction project planning license and construction license have been held;

(3) Calculated based on the commercial housing provided for pre-sale, the funds invested in development and construction account for more than 25% of the total investment in project construction, and the construction progress and completion delivery date have been determined.

Article 6 of the "Measures for the Administration of Advance Sales of Urban Commercial Housing"

A licensing system is implemented for the advance sale of commercial housing. When a development enterprise conducts pre-sale of commercial housing, it shall apply for a pre-sale license from the real estate management department and obtain a "Commercial Housing Pre-sale License". Those who have not obtained the "Commercial Housing Pre-sale License" are not allowed to conduct commercial housing pre-sales.

Article 7 of the "Measures for the Administration of Sales of Commercial Housing"

Commercial housing for immediate sale shall meet the following conditions:

(1) Real estate development enterprises that sell commercial housing for immediate sale shall Have a corporate business license and a real estate development enterprise qualification certificate;

(2) Obtain a land use right certificate or an approval document for the use of land;

(3) Hold a construction project planning permit certificate and construction permit;

(4) Has passed completion acceptance;

(5) Demolition and resettlement have been implemented;

(6) Water supply, power supply, Supporting infrastructure such as heating, gas, and communications are ready for delivery, and other supporting infrastructure and public facilities are ready for delivery or the construction progress and delivery date have been determined;

(7) Property management The plan has been implemented.