Generally, the date of the property right certificate or the time indicated on the property right certificate is the time to apply for the certificate. If it has been traded, it is always the time to obtain the real estate license.
In 2005, State Taxation Administration of The People's Republic of China made a detailed description of the time limit for purchasing houses.
1. Notice on Strengthening Real Estate Tax Management (Guo Shui Fa [2005] No.89) issued by State Taxation Administration of The People's Republic of China, Ministry of Finance and Ministry of Construction of People's Republic of China (PRC) stipulates in Item (4) of Article 3 that "the time indicated on the house title certificate or deed tax payment certificate obtained by an individual for purchasing a house is the time for purchasing the house".
Two. "Notice of State Taxation Administration of The People's Republic of China on Some Specific Issues of Real Estate Tax Policy" Guo Shui Fa [2005] 172 further clarified the issue about the time of buying a house in Guo Shui Fa [2005] No.89:
The "time indicated on the deed tax payment certificate" stipulated in the fourth paragraph of Article 3 of the Notice refers to the date of issuance indicated on the deed tax payment certificate. When the taxpayer declares, he will issue the house title certificate and deed tax payment certificate at the same time, and the time indicated by the two is inconsistent, and the time for purchasing the house shall be determined according to the principle of "which comes first". That is, if the time indicated on the property right certificate is earlier than the time indicated on the deed tax payment certificate, the time for purchasing the house is the time to prove the property right of the house; If the time indicated on the deed tax payment certificate is earlier than the time indicated on the real estate license, the time indicated on the deed tax payment certificate shall be the purchase time.
: is the date of the real estate license counted from the date of issuance?
If the house you buy is an auction house, 90 days is the normal time to handle the real estate license from the date of delivery. Once it exceeds 90 days, the developer will be liable for breach of contract. If it is more than 90 days and one year, and the buyer can't get the real estate license due to the developer's reasons, the buyer can ask for return of the house and compensation.
Legal basis: Article 21 of the Provisional Regulations on the Registration of Real Estate is completed when the registered items are recorded in the real estate register. Upon completion of registration, the real estate registration agency shall issue the certificate of ownership of real estate or registration certificate to the applicant according to law.
"Urban Real Estate Management Law" Article 60 The state practices a system of registration and certification of land use rights and house ownership.
Article 61 When real estate is transferred or changed, it shall apply to the real estate management department of the local people's government at or above the county level for registration of change of real estate, and apply to the land management department of the people's government at the same level for registration of change of land use right on the basis of the changed house ownership certificate. After verification by the land administration department of the people's government at the same level, the land use right certificate shall be replaced or changed by the people's government at the same level. If it is otherwise provided by law, it shall be handled in accordance with the provisions of relevant laws.