First of all, we must understand that the land of small property houses is village (town) collective land, that is to say, the land is village collective and belongs to all villagers. We collectively call it home. Houses in rural areas are generally self-owned, not commercial houses, not for sale, and the building procedures are not standardized, and taxes and fees are hardly collected. If the state can handle the real estate license for this kind of house, then the city people are unfair, and there is no such word as commercial housing.
If you can provide the following information, you can apply for a real estate license. According to the provisions of the housing registration method, the following materials shall be submitted for the initial registration of housing ownership due to legal construction.
1, registration application
2, the applicant's identity certificate
3 proof of the right to use the homestead or the right to use the collectively owned construction land.
4. The house applying for registration conforms to the urban and rural planning certificate.
5, housing surveying and mapping report or the villagers' housing plan
6. Other necessary materials
To apply for the initial registration of villagers' ownership, it shall also submit the certificate that the applicant belongs to the rural collective economic organization where the house is located.
The process of handling real estate license in rural homestead
1. Application of the applicant to submit the above materials.
2, accept and submit the information required for rural real estate license.
Step 3 announce
Step 4 review
5. expenses
6, record into the file
7, 20 working days to get the certificate.
Summary: These materials are basically not submitted. Even if you have a real estate license, there is also an allocated homestead on the real estate license. After all, even if there is a certificate, it is also a small property house.
Basically can't get it!
First of all, you need to know what a small property right house is. Small property houses are houses built on these collective lands. Collective land may be unfamiliar to some people, but it is not. Now many developers are developing in rural areas or suburbs, and these lands belong to collective land. In the national law, these small property houses belong to illegal land use. So it is equivalent to the existence of "black households". If you don't go through the relevant procedures and pay the land transfer fee, it is even more impossible to get the real estate license. In contrast, although the house will be cheaper, you are always on the verge of danger. Once the land ownership expires, the house is basically gone, and even if it involves demolition, it will not get the compensation it deserves. Therefore, it is inevitable that people living in small property houses will be scared and have a sense of crisis that they can't hold hands.
In addition, there are three kinds of houses that can't get the title certificate. Let me tell you about it.
The first type: the developer's five certificates are incomplete
Brother Fang has mentioned this question many times before. It is very important for developers to have "five certificates" to protect the rights and interests of property buyers. Therefore, Fang Ge also reminded everyone that to understand a developer, we must first confirm whether the five certificates are complete.
Five certificates refer to commercial housing sales (pre-sale) permit, state-owned land use permit, construction land planning permit, construction project planning permit and construction project commencement permit. Among them, the Commercial Housing Sales (Pre-sale) Permit is the last of the five certificates. Only when the first four certificates are completed, the real estate management department will issue the Commercial Housing Sales (Pre-sale) Permit. Therefore, as long as there is no "Commercial Housing Sales (Pre-sale) License", it means that the five certificates of the house are incomplete and the property right certificate cannot be handled normally.
Because the reality is that many developers dare to sell without five certificates, and may lure buyers under the guise of discounts and special prices. If you buy because you are greedy and cheap, first of all, you can't apply for a loan and can't do a real estate license. Even the pre-sale contract that you thought was legally effective at first is actually invalid, and it is impossible to record the online contract in the real estate trading center. In other words, even if you spend money to buy this house, it can't prove that it is yours. What if the developer sells the house to someone else? You lost the down payment and didn't get the house. Therefore, Taiyuan Fangge has repeatedly stressed that the first thing to look at is whether the developer's five certificates are complete.
The second type: mortgaged or sealed houses.
Another coquettish operation. Businessmen are bold and profitable. In order to build new buildings, some developers will use existing real estate projects to apply for mortgage loans to withdraw funds. Many developers will do this, but property buyers generally do not understand this situation. For developers, as long as the loan is paid off and the mortgage is lifted before the property is sold, who can guarantee that nothing will happen? If you can't repay the loan within the time limit, then the house you bought can't be transferred. To make matters worse, if the developer runs away, the house will be auctioned by the court, and as a buyer, you will basically be empty. So I hope you don't buy this kind of house with a gambling mentality, because the cost is relatively high. In addition, some developers' projects involved economic disputes and were sealed up by the court, and they could not apply for real estate licenses before unsealing.
The third type: houses that are in arrears with taxes and fees for housing transactions.
House transaction tax is the tax to be paid when signing the pre-sale contract. Stamp duty: tax rate 1‰, 0.5‰ for both the buyer and the seller. Notarization fee: the rate is 3‰ of the house price, provided that the payer is the buyer when the contract is notarized. Attorney's fee: the rate is 2.5‰-4‰ of the house price, provided that the payer is the buyer when signing the house pre-sale contract. The voucher for paying the house transaction tax must be kept, because without this bill, the property buyers will not be able to apply for the real estate license.
To sum up, Taiyuan said that the house reminds everyone that these four houses must not be bought, even if the current price is more favorable, so as to avoid the loss of empty money and houses.
The state and local governments have been repeatedly reminding and warning small property rights, and it is unlikely that small property rights will have a chance to become a full member in the future. In other words, the risk of investing in small property houses is inevitable. This is the same as high income and high risk!
Let's talk about dialysis of land resources. Generally, every city in China has an annual land increase index. For example, if a city has an annual population of 654.38+10,000, the Ministry of Land and Resources will plan according to the land index of every 10,000 people/square kilometer. Then this place is equivalent to getting the land use index of 1000 hectares, so land distribution is carried out, such as 200 hectares of road traffic, 200 hectares of park landscape 100 hectares, 200 hectares of residence, 200 hectares of commercial office, 200 hectares of factory logistics technology land and 100 hectares of supporting land. In addition to residential land and commercial land, you can also get income through premium, and many others are provided at cost price and loss price, so as to construct various functions of a city.
Now, a family or enterprise suddenly runs out, jumps out of the land category stipulated by the state, directly builds a small property apartment on farmland or wasteland, and completes the real estate sales in the market without land allocation, land cost and resource matching arrangements. Not only did it not invest other expenses, but it also took away the land effect that was originally used for real estate to bring greater appreciation. This is simply a performance show, disrupting the pace of urban development. Originally, some of these properties were to be demolished, but now, on the other hand, these small property rights should enjoy the same treatment as residential properties. Will there be such a thing as dropping pies in the world? Obviously unlikely. Otherwise, factories can also be used, science and technology land can also be used, and logistics land can also become a residential feature. This has become the nature of which land is used when the market price is high. Does the enterprise industry and supporting facilities still need to be developed?
Recently, the state has also introduced a housing policy for collective land, mainly to adjust the shortage of real estate supply. According to the characteristics of commercial land, the return on construction investment on collective land is mainly to recover the cost through leasing. In fact, the internal rate of return of collective investment is relatively low, generally not higher than 10%, and some even less than 6%. Some of them just provide services to support the city. Such a small property right house is also the safest, much safer than a small property right house of an enterprise nature. But it is also impossible to change from small property rights to big property rights.
Of course, there are exceptions. In South China, there used to be such a policy of demolition and resettlement of villages in the city, in addition to compensation for real estate with legal proof of homestead. There are also some policy plans to compensate illegal buildings (small property houses) before 20001:1; For illegal buildings before 2008, certain demolition compensation will be given. But after 2008, all illegal buildings will be demolished unconditionally. This should be the most humane policy I have ever seen to deal with illegal buildings (small property houses).
In short, we must think twice before buying a small property right house, especially considering the risk of being demolished, and we can only face it with luck for one year. Instead of thinking about the unrealistic fantasy that small property houses become real all day. If you win, it is similar to the estimated probability of winning the lottery.
If there is a small property right house, this is really hard to say, because there is no relevant policy in this regard. The real estate market is very confused about small property houses, and there is no clear statement yet. We can only wait for the state to introduce policies, recognize its legalization and give it independent property rights. If it is used for living, the small property right house is still ok, but it is not easy to trade.
I bought a small property right house. As for the property right, I have to wait.
I dare not say. Because it is illegal to buy it.
Small property rights can only wait for the state to introduce policies, otherwise it can only be like this.
Is it possible to get a real estate license after buying a small property right house? Why? My views on this issue are as follows:
First, I think that "buying a small property right house" may get a real estate license in the future for the following reasons:
A. On June 2020, 5438+1 October1The new land law has been implemented, which clearly stipulates that houses with collective construction land can be circulated and listed. Of course, if listing is allowed, it is definitely necessary to pay a fee equivalent to the nature of land leasing. In this case, it is possible to get a real estate license. Of course, it is understandable that a new law has a transition period of one or two years from promulgation to formal implementation. Because after the framework principles of laws and regulations are determined, some implementation details are involved.
B, as we all know, small property houses have no real estate license, which is equivalent to unlicensed marriage, just like the de facto marriage that exists objectively in reality. Although it is not recognized by law, since it exists, it has certain rationality. This small property house. As a problem left over from history, it will be solved sooner or later, or the real estate license will be reissued or illegally removed.
Second, small property houses can survive in the cracks of the whole environment. With its own characteristics and advantages, it is possible that the location advantage is obvious, and the house price is generally lower than half of the normal house price, so that people with weak economic strength can live in a house.
It's impossible. Don't take any chances. For the simplest example, the original landlord transferred it to you at a low price. Even if the policy allows small property houses to be listed and traded in the future, can the original landlord agree? ! Break your word. You have nothing. Because this is a small property right. Moreover, the government will not issue you a real estate license without paying taxes and fees.
Personally, I think the country will definitely think of a comprehensive approach. Now he's clamoring for a property tax. The reason why it hasn't come out yet is because it has a lot to do with small property rights. If the property tax is only levied on certificates, it is unfair to those with certificates. In addition, the scale of small property rights is also very large. If these can be taxed, it will bring considerable tax revenue to the country. However, to tax, we must recognize property rights, so small property rights have a chance to become a full member. Then there are still many small property rights that just need a house, so the matter of turning positive is relatively light.