1. There are three differences between the transfer and transfer of real estate license, namely:

(1) They are different in nature. Allocation refers to the state-owned land use right that the land user obtains or obtains indefinitely with the approval of the people's government at or above the county level after paying compensation and resettlement fees. It is an administrative act, not a civil act. Generally, the term of land use right is not set at the time of allocation, but certain restrictions are set, and it is not allowed to transfer, lease or mortgage. Get distribution after paying compensation or resettlement fees. Generally, the service life is not specified, but there are restrictions. Transfer means that the state transfers the land use right to the user, and the user has a certain use period and needs to pay the transfer fee;

(2) Different acquisition methods. Allocation is the right to use after the government department permits and pays the compensation fee, or the government department gives the right to use to the user free of charge. Transfer through listing, bidding or auction is a paid transaction, and the service life is strictly limited;

(3) Their rights and obligations are different. The allocated funds cannot be transferred to others, nor can they be leased to others, let alone mortgaged. And the user of the transfer has a certain right of disposal, which can be transferred to others, leased or mortgaged;

(4) The scope of use of the two is different. The allocated land is a policy land, which can only be used for public welfare undertakings and infrastructure construction projects, and shall not be used for other commercial purposes. At present, the land for the construction of affordable housing is also obtained by allocation.

(5) The purchase prices of the two are different. The allocated land is provided by the government to users free of charge, and users only need to pay a small amount of land compensation fees and resettlement subsidies when obtaining land use rights, or even get them free of charge; The land sold is purchased by the land user from the government at the market price;

(6) Their service life is different. There is no time limit for the allocation of land use rights, and users can use them indefinitely. The transfer of land use right is limited by the maximum land use period. For example, the current service life of residential commercial housing is generally 70 years;

(7) The transfer conditions are different. The transfer of allocated land must be approved by the original authority that approved the use of land, the transfer of affordable housing must go through a certain number of years, and the transfer of land use rights must be compensated, while the transfer of land and commercial housing has no such restrictions;

(8) Different compensation standards. In the case of government demolition, the compensation standard for transferring land is much higher than that for allocating land.

2. Legal basis: Article 40 of People's Republic of China (PRC) Real Estate Law.

Where the land use right is obtained by means of allocation, the transfer of real estate shall be reported to the people's government with approval authority for examination and approval in accordance with the provisions of the State Council. If the people's government with the right of approval approves the transfer, the transferee shall go through the formalities for transferring the land use right and pay the transfer fee for the land use right in accordance with the relevant provisions of the state.

If the land use right is obtained by allocation, and the people's government with the right of approval decides not to go through the formalities of land use right transfer when the real estate transfer is examined and approved, the transferor shall turn over the land proceeds from the real estate transfer to the state or make other treatments in accordance with the provisions of the State Council.

Second, what is the process of handling the real estate license?

1, apply, and bring the documents that should be submitted to the housing management office to apply for the real estate license;

2. Preliminary examination: the applicant conducts a preliminary examination of the application and the submitted materials, accepts the qualified materials immediately and issues a receipt, and conducts on-site inspection at a specified time;

3. Ward rounds: the holder will go to the site for ward rounds within a predetermined time, determine the location, structure and area of the house, draw a plane sketch and indicate the dimensions and surrounding walls;

4, examination and approval, according to the application materials and inspection results, to meet the policy requirements for examination and approval, to determine the housing property rights;

5. Payment, the property owner who handles the real estate license shall pay the license fee according to the regulations;

6, certification, housing management department completed within the prescribed time, housing property owners to the housing management office to receive all of the housing.