The unified registration of real estate is to integrate the real estate registration responsibilities that were originally scattered in many departments such as land, houses, grasslands and forest land into one department and issue a unified real estate ownership certificate.
The difference between real estate license and real estate license: originally, buyers need to apply for ownership certificate and land use certificate after buying a house. After the registration of real estate began, the house ownership certificate and the land use certificate were combined into one, and they were uniformly registered on the certificate of real estate rights, that is, the two certificates were integrated.
The Provisional Regulations on Real Estate Registration came into effect on March 1 2065438. In the future, ten types of real estate, including collective land and building ownership, will be uniformly registered nationwide. Gradually change the "real estate license" into "real estate license". If the unified registration of real estate is fully implemented throughout the country, the property market will be thoroughly investigated.
In fact, in addition to the real estate license, there are also state-owned land use certificates, real estate ownership certificates, other warrants, forest warrants, sea use certificates and other certificates, which will not be issued in the future and will be issued in a unified manner.
Second, the real estate rights that need to be registered
Collective land ownership; Ownership of buildings and structures such as houses; Ownership of forests and trees; The contractual management right of cultivated land, forest land, grassland and other land; The right to use construction land; The right to use the homestead; Sea area use right; Easement; Mortgage right; Other real estate rights that need to be registered according to law.
Third, there is no need to change the current property right certificate and other property rights certificates.
According to the principle of "no change" of the country, all kinds of existing certificates of real estate rights continue to be valid, the rights remain unchanged, and the certificates are not replaced. In other words, both the old and new certificates have legal effect.
However, citizens who have newly purchased real estate such as houses and applied for the certificate of real estate title for the first time, and gone through the formalities of property right change registration and transfer registration will gradually issue new certificates of real estate title. The registration of rural land contractual management rights shall be subject to a five-year transition period in accordance with state regulations.
Fourth, the disadvantages of non-registration of real estate.
According to the relevant provisions of the Property Law, there is no requirement for compulsory registration of real estate rights. However, if the obligee does not register, the security of its real estate transaction will be seriously affected and ownership disputes will easily occur.
As the core content of unified registration of real estate, unified books and certificates can reflect the changes of real rights in a unified and standardized way and strictly protect real rights. If the documentary evidence is not uniform, there may be more sales in one room and one place, resulting in transaction risks. Therefore, from the perspective of protecting the right holder's property rights, the Property Law stipulates registration upon application.
The real estate rights enjoyed by real estate owners according to law shall not be affected by changes in registration institutions and procedures. All kinds of real estate ownership certificates issued in accordance with the law and the previous real estate registration books continue to be valid.
5. Time to start inquiring about real estate.
20 15, improve the supporting system; 20 16, the system is fully formed; 20 17 real estate registration information will be enjoyed and publicly inquired according to law.
6. Real estate registration is not available to everyone.
Only obligees, interested parties and relevant state organs can inquire and copy the real estate registration materials according to law.
The obligee refers to the owner of real estate rights. If the house is your own, you can apply to inquire about the property under your name. If the house is mortgaged to the bank, then the bank, as the mortgagee, has the right to inquire about the registration information by virtue of the mortgage registration.
Stakeholders refer to people who are directly related to real estate owners, such as husband and wife. In some debt disputes, creditors can also inquire about the confirmed property in the debtor's name by themselves or by entrusting a law firm with the notice of supplementary evidence materials from the people's court.
Seven, the impact of real estate registration
Protection of personal property rights: Real estate, land or woodland can be protected.
It is more convenient to go through the formalities: when the house is resold, there is no need for multiple departments of land and housing management to run back and forth.
The transaction is safer: you can inquire about the ownership of real estate, which helps to avoid the risk of selling more than one room.
Protection of farmers' property rights: Rural land, as a part of collective land, is included in the unified registration, which guarantees the usufructuary right of farmers' homestead.
Extended data:
The certificate of real estate ownership is the proof that the obligee enjoys the real estate right. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail. On March 2065438+2005 1 day, the Provisional Regulations on Real Estate Registration came into effect. At the same time, Xuzhou, Jiangsu and Luzhou, Sichuan issued the first certificate of immovable property rights in China. This marks the landing of a unified national real estate registration system.
Certificate of real estate ownership
The certificate of real estate ownership refers to the certificate issued by the real estate registration agency to prove that it enjoys real estate rights after examining and registering the real estate situation. The certificate of real estate ownership can be used as evidence that someone enjoys real estate rights. In case of ownership dispute between the parties, the dispute can be resolved and the rights can be confirmed according to the certificate of real estate ownership.
In general, the rights reflected in the certificate of real estate registration ownership are consistent with the contents recorded in the real estate register, but in the case of inconsistency between them, what should be the basis for confirming the ownership of real rights?
Article 17 of China's Property Law stipulates that the items recorded in the certificate of real estate ownership should be consistent with the real estate register. Unless there is evidence to prove that there is an error in the real estate register, the real estate register shall prevail. The above can prove that the proof of the real estate register is stronger than the certificate of real estate registration ownership.
basic content
The certificate of real estate ownership is the proof that the obligee enjoys the real estate right. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.
On March 2065438+2005 1 day, the Provisional Regulations on Real Estate Registration came into effect. At the same time, Xuzhou, Jiangsu and Luzhou, Sichuan issued the first certificate of immovable property rights in China. This marks the landing of a unified national real estate registration system.
Housing permit (real estate permit) refers to the certificate that the buyer obtains the legal ownership of the house through the transaction and can exercise the right of possession, use, income and disposal of the purchased house according to law. That is, the "House Ownership Certificate" is the legal certificate for the state to protect the ownership of houses according to law. Proof that the owner manages and uses his own house.
Property ownership certificate includes house ownership certificate and house ownership certificate. Generally speaking, the real estate license is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house. According to China's current housing ownership registration system, housing registration is a legal way to publicize the ownership of urban housing rights.
20 1 1 In late August, the tax authorities said that if the property was added, the deed tax would be levied at half of the house price.
20 13 In April, Beijing Municipal Commission of Housing and Urban-Rural Development stated that in order to prevent false sales and ensure the safety of housing transactions, the house ownership certificate obtained by Beijing buyers will be given a password free of charge, and the password must be provided if the house needs to be registered for transfer, change or mortgage. It is expected to be implemented in the second half of 20 13.
Processing cost
For each residential building in 80 yuan, if there is a * * * certificate, the production cost will increase 10 yuan/cost.
If the construction area of other properties is less than 500 (including 500)㎡, each set of 200 yuan, 300 yuan is 500~ 1000㎡, 500 yuan is 1000~2000㎡, 800 yuan is 2000~5000㎡, and 1000 yuan is 5000㎡. Such as * * * ownership certificate increases the production cost 10 yuan/copy. Other taxes and fees are as follows:
1, commercial house
Deed tax-1.5% (3% for non-ordinary houses)
Stamp duty -0. 1%
Business tax-if the real estate license is issued for less than two years, the business tax of 5.5% of the transaction price is required. Ordinary housing for more than two years shall be exempted, and non-ordinary housing shall pay 5.5% business tax according to the difference between the sales price and the purchase price.
2. Housing reform
Deed tax-1.5% (3% for non-ordinary houses)
Stamp duty -0. 1%
Land transfer fee: current cost multiplied by construction area multiplied by 1%.
If it is a standard or preferential housing reform, then you still need to pay the current cost multiplied by the construction area multiplied by 6%, and then pay taxes to transfer.
3. Affordable housing
Deed tax-1.5% (3% for non-ordinary houses)
Stamp duty -0. 1%
References:
Baidu encyclopedia-real estate license Baidu encyclopedia-real estate license