The house property certificate is the direct proof document of the house. If the house is purchased, after paying the necessary taxes, it is necessary to carry the necessary information in time and apply for the house property certificate at the housing authority. So what is the combination of three syndromes? What are the advantages and disadvantages of the combination of three syndromes?
At present, there is no system of "three certificates in one" in China, which has two certificates. The two certificates refer to "certificate of the use of state owned land of the people's Republic of China" and "certificate of the ownership of houses of the people's Republic of China".
House ownership certificate
The house ownership certificate is the legal certificate for the state to protect the house ownership in accordance with the law and has the law
The valid certificates shall be issued by the real estate administrative organ of the people's government. No other department or unit has the right to make or issue them, and the issued certificates shall be invalid. The Ministry of construction also stipulated in the notice on strengthening the issuance and management of the house ownership certificate that the house owner must apply to the real estate administrative authority in the place where the house is located to register and get the house ownership certificate according to law. Certificate management of real estate; certificate sale and rental of housing; certificate application for housing renovation, reconstruction and expansion; certificate application for housing inheritance, property analysis, division, gift, exchange, allocation and other property rights transfer procedures; certificate for mortgage procedures; certificate for demolition, resettlement, compensation procedures. When going through the relevant procedures, the administrative department shall also take the house ownership certificate as the confirmation certificate, and shall not substitute other certificates.
Land ownership certificate
According to the relevant regulations of the state, as of January 2009, there are three kinds of land certificates issued in China:
1. Collective land ownership certificate. The people's government at the county level shall register and register the land collectively owned by farmers, issue the ownership certificate of collective land and confirm the ownership.
2. Use right certificate of collective land for construction. The people's government at the county level shall register the land owned by the collective and used for non-agricultural construction in accordance with the law, issue the right to use the construction land of the collective and confirm the right to use the construction land.
3. State owned land use right certificate. The people's governments at or above the county level shall register and register the state-owned land used by units and individuals according to law, issue state-owned land use right certificates and confirm the right to use state-owned land.
In 2003, China began to issue forest right certificates, including some land rights and interests.
The advantages of the two certificates:
It is conducive to handling and can play the role of proving ownership.
Disadvantages:
First, it is easy to cause inconsistencies in relevant contents. Generally, the filling in of the land related content such as the house ownership certificate is based on the historical data held by the Housing Authority, while the relevant content of the land use certificate is filled in according to the actual measurement after the cadastral survey conducted by the land authority, and the measurement methods and diameters of the two will be inconsistent.
Second, it is easy to legalize illegal land use and illegal building. Sometimes, if we don't pay attention to it, we will issue real estate certificate to illegal land occupation and building houses, and issue land certificate to illegal building houses.
Third, it is easy to cause the discrepancy between the two syndromes. After the completion of the real estate certificate, the land certificate cannot be handled for a long time, and some homeowners do not even apply for the land certificate. After many commercial houses or public houses are sold, only real estate certificates without land certificates are issued, which makes it difficult to protect the rights and interests of the houses and affects the re transaction of the houses.
Fourth, it is easy to cause repeated mortgage of real estate, which affects the smooth development of real estate financial business. On the other hand, the distribution of "two certificates" is easy to cause the loss of national land revenue and the revenue of registration authority fees, and to promote the growth of invisible real estate market.
At present, there is no system of "three certificates in one" in China, which has two certificates. The two certificates refer to "certificate of the use of state owned land of the people's Republic of China" and "certificate of the ownership of houses of the people's Republic of China". If you are in a complex situation, you are welcome to have legal consultation if you also provide online consulting services for lawyers.