What is the state-owned land use certificate?

Question 1: What is the function of the state-owned land use certificate? Land use certificate is a very important property right. Failure to issue land use certificates as agreed in the contract is a breach of contract by the developer and an infringement on the "power" of the owner. State-owned land use certificate is not only an integral part of residential real estate property right, but also a more important part. 1. Without the land use certificate, the "real right" of real estate is incomplete. Because Article 59 of the Real Estate Management Law stipulates that "the state practices the system of registration and certification of land use right and house ownership", this shows that the "property right" of real estate includes both house ownership and land use right. The real estate bought by the owner includes house ownership and land use right, but now the developer only gives the owner house ownership and no land use right. 2. Without the Land Use Certificate, the transfer of real estate involving land use rights has no legal effect. Article 9 of the Property Law stipulates: "The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it has no effect. " Without the state-owned land use certificate, the owner has no "land use right" in the legal sense. 3. The lack of Land Use Certificate has seriously shrunk the value of real estate. According to Article 149 of the Property Law, "the right to use residential construction land will be automatically renewed upon expiration". This provision makes the original 70-year residence "automatically" extended. The private property nature of "residence" handed down from generation to generation is established in the form of law. However, if you buy a house without a state-owned land use certificate, you will have no land use right, let alone pass it on from generation to generation. How valuable is such a house?

Question 2: What is the difference between the state-owned land use certificate and the real estate license? The real estate license is the identity card of the house, which proves the owner of the house property; Land certificate is the identity card of the land, which proves who owns the land.

Question 3: What does the state-owned land use certificate contain? Right holder, land use, land location, land area, type of use right, termination date, and current situation map.

Question 4: The difference between collective state-owned land use certificate and state-owned land use certificate 1. There is no Collective State-owned Land Use Certificate, only the Collective Land Use Certificate.

2 "collective land use certificate" and "state-owned land use certificate" record the purpose of construction land, and the contents contained in the certificate are different, mainly including:

(1) Different owners: collective ownership and state ownership.

(2) Different users: the users of collective land are generally collective villagers or enterprises in the village, and the users of state-owned land can be any unit or individual.

(3) Different land uses: collective construction land is only used for building houses needed by villagers or village collectives for production and life, while state-owned construction land can be used for residential, industrial, commercial, entertainment, office, tourism, green landscape and other construction (with a wide range of uses).

(4) Different types of right to use: the right to use collective construction land is allocated homestead, and the right to use state-owned construction land is allocated, transferred, leased and authorized.

(5) Different service life: collective construction land has no service life, while state-owned construction land has service life (except allocated land).

Question 5: What does the state-owned allocation in the land use certificate mean? Transfer corresponding distribution. Transfer means to pay when you get it, and only pay the value-added tax when you transfer it.

Question 6: What is the use of state-owned land use certificate in China? Very useful. You have your own state-owned land, which is your territory. It's up to you.

Question 7: How to handle the formalities of state-owned land use certificate;

I. Accepting the application materials

Second, the audit materials

Third, the calibration registration

Four. Issuance of certificates

"State-owned land use certificate" required materials:

One,

Materials to be submitted for applying for the registration of the division and change of commercial housing, housing reform housing, demolition and relocation housing and affordable housing;

(1) Information to be provided by the transferor:

1, 1 original land certificate (land certificates issued after 10 in 2004 shall be provided to the Cadastral Office of Chengdu Bureau of Land and Resources (1 land use area allocation calculation table);

2. 1 land transfer contract;

3. 1 Copy of business license or administrative and business code;

4. 1 total property right;

5. The questionnaire of indigenous peoples 1 copy, and the results table of boundary point coordinates (extracted from Chengdu Bureau of Land and Resources);

6. Land registration card (extracted from Chengdu Bureau of Land and Resources);

7, property rights measurement report

8. 1 application;

9. Corporate identity certificate and power of attorney 1 copy, and corporate and trustee identity cards 1 copy;

10, segment description;

1 1, 1 Total allocated area of land use right * * (division of1)

12. the current allocation table: the old method uses the land division change registration form and the * * * income right registration form; The new method adopts the summary table of allocated area of land use right. (Submit 1 copy of the above form first, and then submit 3 copies after verifying and affixing the official seal of the company. Fill in the order of building number, unit, floor and serial number; * * * Occupancy shall be filled in separately and marked with * * * Occupancy; * * * The occupied land area is shared according to the property right certificate and filled in separately; The serial number or sub-family number is numbered according to the number of households; Real estate license number and number fill the mountain; Forms are made and printed by computers). (A copy of the above-mentioned material center must be stamped with the official seal of the applicant to prove that the original and the copy are consistent).

(2) Materials to be provided by the transferee:

1. If the transferee is an individual, submit: 1 application form (the transferor and the transferee jointly apply and affix their seals, 1 ID card, 1 title certificate, 1 power of attorney; )

2. If the transferee is the unit, submit: 1 application (the transferor and the transferee jointly apply and affix their seals; The legal person's identity certificate and power of attorney are 1, the legal person trustee's identity card is 1, the property right certificate is 1, and the industrial and commercial business license or administrative and business code is 1. A copy of the above materials must be stamped with the official seal of the reporting unit to prove that the original and the copy are consistent. )

Two, for the "state-owned land use certificate" change registration shall provide the following information:

Application for land registration, original state-owned land use certificate, Chengdu house ownership certificate, copy of house ownership certificate (original inspection), double-sided copy of ID card (second-generation double-sided copy), special circumstances need to be explained in writing.

(1) If the individual's "state-owned land use right" is changed and registered due to the sale of the house, a letter for land registration (issued by the Municipal Land Mining Rights Trading Center) shall also be provided;

(2) For the change registration of the certificate of the right to use the state-owned land of the unit where the house is bought and sold, the Approval Form for the Transaction of the Right to Use the State-owned Land (issued by Chengdu Bureau of Land and Resources), the legal person's identity certificate, the land registration power of attorney, the copy of the legal person's ID card, the copy of the trustee's ID card (original inspection), the business license of the enterprise and the copy of the organization code shall also be provided. (A copy of the above materials shall be stamped with the official seal of the applicant to prove that the original and the copy are consistent; )

(3) A notarial certificate (original) shall also be provided if the state-owned land use right is changed and registered due to inheritance or donation.

(4) If the state-owned land use right is registered for change due to divorce, a copy of the divorce certificate or court ruling (original inspection) shall also be provided;

(5) If the state-owned land use right is registered for change due to address change, the original address change certificate issued by the local police station shall also be provided.

Three, the cancellation of registration of the "state-owned land use certificate":

(a) to issue a written application and an application for land registration;

(2) If the applicant is an individual, provide a copy of the ID card (original inspection);

(3) The applicant shall provide legal person identity certificate, land registration power of attorney, copy of legal person ID card, copy of trustee ID card (original inspection), copy of enterprise business license and organization code. (A copy of the above materials shall be stamped with the official seal of the applicant to prove that the original and the copy are consistent. ".

(four) the original land certificate;

(five) the approval or valid documents of the termination of land rights;

Four, the land certificate is lost to re submit the application materials:

(1) Issue a written application and land registration ... >>

Question 8: What kind of land certificate is the state-owned land certificate? It is the legal basis for land owners or land users to enjoy land ownership or use rights.

According to the relevant provisions of the state, as of June 5438+ 10, 2009, there are three main types of land certificates issued in China:

1, collective land ownership certificate. The people at the county level * * * register the land collectively owned by farmers, issue collective land ownership certificates and confirm the ownership.

2, collective land construction land use right certificate. The people at the county level * * * legally register the collectively owned land for non-agricultural construction, issue the certificate of the right to use the collective land for construction, 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 the state-owned land used by units and individuals according to law, issue certificates of state-owned land use rights, and confirm the right to use state-owned land.

The role of land certificate is to have the legal right to use land and be protected by law. The land certificate will indicate the geographical location, nature, area and users of the land. Land users can use their own land, and land users who have obtained the right to use state-owned land by means of transfer can also transfer, invest at a fixed price, lease or mortgage the right to use land.

Question 9: What are the uses of the state-owned land use certificate? The types of land use rights are divided into allocation and transfer, and the purposes are divided into commercial, residential and industrial purposes.

The purpose of the land use certificate is that with the land use certificate, this land will be used by you within the prescribed time limit and protected by the property law.

You can also use it as collateral or guarantee.

Question 10: How to go through the formalities of applying for the state-owned land use certificate (1).

The applicant (user) for land registration shall apply to the Bureau of Land and Resources with relevant materials proving the source of land ownership.

1, land registration application

(1) the * * * approval document and construction land permit on the origin of the parcel. Submit relevant land ownership materials that are effective in the operation procedures such as bidding, auction and agreement of state-owned land use rights.

(2) If the land use right is obtained by buying, selling, inheriting or donating, submit the agreement on the transfer of land use right by buying, selling, inheriting or donating and the notarial certificate, and the state-owned land use certificate of the original land use.

(3) Submit the ID card and residence booklet of the land registration applicant. Land users of enterprises and institutions shall submit the legal person land registration certificate, organization code certificate and legal person ID card.

2. Cadastral survey

On-the-spot investigation, verification, measurement, plot sketch and red line map of land registration applicants. Find out the location, ownership nature, boundary, area, use and related information of land users. It is also required that the boundaries of the four neighbors of the parcel be clear and uncontroversial, and be signed and sealed after confirmation.

3, land ownership audit

The land registration authority shall review the land registration application, ownership source materials and cadastral survey results submitted by land users, and decide whether to approve the legal procedures for the registration of land ownership of users who apply for land registration.

4, the issuance of state-owned land use right certificate.

(2) Assessment cost

According to the administrative license fee standard, the fee is calculated according to the total benchmark land price assessed by the parcel evaluation report.

Edit this paragraph change

Materials to be submitted when applying for transfer and change registration

1. Personal commodity kit:

The following original materials shall be provided for the change of the land use certificate of the commodity suite:

1. If a land transfer contract has been signed or a land use certificate has been obtained, the contract and land certificate shall be submitted.

2. Real estate license

3. Deed certificate

4. The transferee's identity card

5. Other materials

Second, individual independent private land:

(1) Form of agreement transfer:

The following original materials shall be provided when going through the formalities for changing the land use certificate:

1. If a land transfer contract has been signed or a land use certificate has been obtained, the contract and land certificate shall be submitted.

2. Real estate license

3. deed or sales agreement

4. The transferee's identity card

5. Other materials

(2) The court ruled that:

The following original materials shall be provided when going through the formalities for changing the land use certificate:

1. If a land transfer contract has been signed or a land use certificate has been obtained, the contract and land certificate shall be submitted.

2, the court verdict or court ruling or court mediation.

3, the transferee's identity card

4. If the property has been transferred, provide the property ownership certificate and deed certificate.

5. Other materials

(3) Entrusted auction:

The following original materials shall be provided when going through the formalities for changing the land use certificate:

1. If a land transfer contract has been signed or a land use certificate has been obtained, the contract and land certificate shall be submitted.

2. Auction notarial certificate or entrustment notarial certificate

3, the transferee's identity card

4. If the property has been transferred, provide the property ownership certificate and deed certificate.

5. Other materials

Third, the unit land:

(1) Agreement transfer:

The following original materials shall be provided when going through the formalities for changing the land use certificate:

1. If a land transfer contract has been signed or a land use certificate has been obtained, the contract and land certificate shall be submitted.

2. Real estate license

3. deed or sales agreement

4. The transferee's ID card or the legal representative's ID card.

5, enterprises (things) business unit license

6. Articles of Association

7. Other materials

(2) The court ruled that:

The following original materials shall be provided when going through the formalities for changing the land use certificate:

1. If a land transfer contract has been signed or a land use certificate has been obtained, the contract and land certificate shall be submitted.

2, the court verdict or court ruling or court mediation.

3, the transferee's ID card or the legal representative's ID card.

4. If the property has been transferred, provide the property ownership certificate and deed certificate.

5, enterprises (things) business unit license

6. Articles of Association

7. Other materials

(3) Entrusted auction:

The following original materials shall be provided when going through the formalities for changing the land use certificate:

1. If a land transfer contract has been signed or a land use certificate has been obtained, submit the contract ... >>