Application conditions

(1) An application shall meet the following conditions:

1. Clarify the ownership of land and houses

2. The house can be used normally.

3. Does not affect the recent urban construction planning.

(two) in any of the following circumstances, it shall not be handled:

1. The ownership is disputed;

2. Real estate rights are restricted by judicial organs and administrative organs according to law;

3. Other circumstances that should not be handled as stipulated by laws and regulations.

Applicant subject

The subject of real estate rights applies for real estate registration.

Confirmation of land ownership

(a) the applicant holds the certificate of allocated land use, and can find the file to confirm the allocated land use right.

(two) the applicant holds the certificate of allocated land use, and the original registration authority has the registration book information but can not find the filing materials, and the original registration authority shall issue a copy of the registration book and affix the seal to make an announcement for confirmation. There is no certificate for the use of allocated land, but it can provide or prove the source information of ownership (government or functional units land use approval documents, materials, land acquisition compensation agreements of state-owned enterprises and institutions, etc.), and the allocated land use right will be confirmed after the announcement without objection.

The real estate registration center conducts a property right survey according to the applicant's application, and the survey results are published on Lushan TV Station and Lushan Briefing 15 working days. Without objection, you can confirm the allocation of land use rights; If there is any objection to the announcement, the allocation of land use rights will be confirmed after the objection is resolved.

(3) Use records. The real estate registration center shall register according to the contents approved by the certificate or the source of ownership information. If the certificate or ownership information source does not specify the approved use, it shall be registered according to the actual use. If the registered purpose of the house is inconsistent with the approved land use, it shall be recorded separately in the real estate register and the real estate certificate.

Housing registration

(1) For the development and construction projects with the main body of development and construction who have not registered the ownership of the house for the first time, the main body of development and construction shall apply, the county planning department shall issue the materials that the construction project conforms to the plan, the county housing and construction department shall issue the materials that the house has been completed, and the land resources and real estate management department shall dock the land and real estate surveying and mapping results of the real estate surveying and mapping institutions, and the real estate registration center shall handle the real estate registration in accordance with the relevant provisions on real estate registration.

(2) Before16, 12, 3 1 (including 12, 3 1), the business license of the original development and construction entity has been revoked or cancelled, and there is no successor or state organ, institution or state-owned enterprise to develop, construct or use its own land. Form meeting minutes. The minutes of the meeting show that the real estate registration center directly handles the household registration for the applicant according to the relevant regulations on real estate registration (handling the transfer of real estate license). If the applicant voluntarily pays the land transfer fee, he may apply for a certificate of immovable property rights of the nature of transfer in accordance with the relevant provisions of this opinion.

(three) individual housing (single-family) did not apply for housing ownership registration, and the applicant applied for registration, and the materials issued by the planning department within the planning area of the city or town met the planning or construction; Outside the planning area of a city or town, the materials that meet the planning or construction shall be issued by the township where the house is located, and the real estate registration center shall handle the real estate registration in accordance with the relevant provisions on real estate registration.

Pay land transfer fees and taxes

If the applicant needs to pay the land transfer fee when handling the Certificate of Transfer of Real Estate Rights, the following standards shall apply.

(a) the development and construction of the main land leasing payment

The development and construction subject shall pay the land transfer fee according to the transfer price minus the transfer price. The county planning department shall determine the planning indicators according to the current situation of construction projects; The completion date of the construction project is taken as the start date of the land use right; The evaluation date is based on the completion date of the construction project. The land and resources department entrusts an assessment agency to conduct land assessment, verify the overdue transfer amount, and issue a notice of payment to the development and construction subject, with the bill content as "overdue land transfer fee".

(2) Payment of individual land transfer fees

Before1.2016 12 3 1 (including1231), the original business license of the development and construction entity was revoked or cancelled, and there was no successor, so the house ownership was registered for the first time or the purchaser registered separately, and applied for transfer or transfer registration. Pay the land transfer fee according to 2% of the appraised price or transaction price of the house, and pay the land transfer fee according to 4% of the appraised price or transaction price of the house for the commercial part to be built, and handle the transfer of real estate license. If the transaction price is obviously lower than the market price without justifiable reasons, the tax collection organ shall refer to the market price for verification and payment.

State organs, institutions, state-owned enterprises independently or jointly with other units to develop and build public housing, fund-raising housing, cooperative housing and affordable housing, the applicant shall pay the land transfer fee in accordance with the provisions of this article when handling the transfer procedures or listing transactions.

2 affordable housing has been registered for the first time for housing ownership or household registration of buyers. Applicants applying for transfer or transfer registration to pay land leasing fees or land income shall be handled in accordance with the provisions of the Measures for the Administration of Economically Affordable Housing in Lushan County and the Detailed Rules for the Implementation of the Measures for the Administration of Economically Affordable Housing in Lushan County. That is, if the purchaser transfers affordable housing in the market, he shall pay the land income and other related prices according to 3% of the price difference between ordinary commodity housing and affordable housing in the same lot at that time, and obtain full property rights.

3. Individual housing (single-family housing) has been registered. If the applicant's application for transfer or transaction involves the transfer of the allocated land use right, it will no longer go through the formalities of approval and transfer of the land use right separately. The land transfer fee is calculated by the land department according to 40% of the current benchmark land price corresponding to the residential land level. If the current benchmark land price of the county government is adjusted, the transfer amount will be adjusted year-on-year.

The land and resources department issues a notice of payment, and the payer holds a bank payment bill (with the content of "paid land transfer fee") audited by the financial department to handle the transfer of property right certificate. The improvement of the transfer procedures of allocated houses in the absence of the state shall be handled with reference to the provisions of this article.

4. If the original state-owned allocated land use is inconsistent with the current planned land use and the planning conditions cannot be issued in a small area, the land transfer fee shall be paid for the transfer or transfer of the allocated land use right, and the land transfer fee shall be paid at 40% of the current benchmark land price according to the land use grade of the current planned land use. If the current benchmark land price of the county government is adjusted, the transfer amount will be adjusted year-on-year.

(3) Payment of taxes and fees

If the property buyers apply for household registration or transfer registration, and there is a purchase agreement or purchase bill, the house price specified in the agreement or bill (referring to contracts, agreements, contracts, documents, confirmations and other documents with contractual effect) shall be the tax basis for deed tax; If there is a housing appraisal report, the appraisal price shall be used as the tax basis for deed tax; If there is no purchase agreement, bill or housing evaluation report, or the transaction price is obviously lower than the market price without justifiable reasons, the tax collection organ shall verify the deed tax payable with reference to the market price.

In the process of real estate registration, the intermediary service fee that should be borne by the applicant shall be borne by the applicant.

Handling of immovable property certificate

(a) transfer procedures will no longer perform the examination and approval procedures, and no contract for the transfer of the right to use construction land will be signed. The land and resources department shall issue a notice of payment (with the content of "paid land transfer fee") to the applicant according to the market price or the assessed price or the taxable value approved by the tax collection authority, the financial department shall review the payer's payment bill, and the real estate registration center shall handle the transfer of real estate for the applicant according to the payment bill (with the content of "paid land transfer fee") and other relevant materials audited by the financial department.

(2) The service life of residential land is adjusted to 70 years, and that of commercial land is adjusted to 40 years. The initial period of land use is calculated from the date when the first house in the parcel is listed and traded, and the individual residence is calculated from the date when the transfer fee is paid.

Extended data

Land allocation:

The characteristics of land use with socialist characteristics also refer to the distribution of land use rights. According to Article 2 of the Interim Measures for the Administration of Allocated Land Use Rights: Allocated land use rights refer to the state-owned land use rights obtained by land users in various ways except transferring land use rights.

Article 23 of People's Republic of China (PRC) City Real Estate Management Law stipulates the way to obtain the allocated land use right: "The allocated land use right refers to the behavior that the people's government at or above the county level approves the land users to use the land after paying the compensation and resettlement fees, or delivers the land use right to the land users for free. If the land use right is obtained by allocation in accordance with the provisions of this Law, there is no restriction on the term of use unless otherwise provided by laws and administrative regulations. "

This provision is the most authoritative definition of the concept of land use right allocation at the legislative level so far.

Article 54 of the Land Management Law of the People's Republic of China and Article 23 of the People's Republic of China (PRC) Urban Real Estate Management Law stipulate that the following construction land can be obtained by allocation with the approval of the people's government at or above the county level according to law:

(a) land for state organs and military use;

(two) urban infrastructure and public welfare land;

(3) Land for energy, transportation, water conservancy and other infrastructure supported by the state;

(four) other land as prescribed by laws and administrative regulations.

References:

Opinions of Lushan County People's Government of Henan Province on Handling Real Estate Registration on State-owned Construction Land

Baidu Encyclopedia-Allocating Land