1, the rural homestead belongs to the rural homestead, and only has the right to use it, and it is not listed for sale, but can only be traded within the collective;

If you are registered in this village, you can legally trade this house, and you can only sell it to the villagers. Please think twice.

Rural housing certificate

First, the definition and characteristics of joint construction

The so-called co-construction refers to the behavior that one party provides the land use right and the other party provides funds for cooperative housing construction, and manages or distributes the benefits of the completed real estate. What we usually call co-construction agreements, cooperative development contracts and joint development contracts are all co-construction contracts.

From the definition of the concept, it is not difficult to find that the joint development of real estate belongs to the joint venture of legal persons stipulated in the General Principles of Civil Law, which has the following characteristics:

(1) subject specificity. Reflected in the joint development of both sides must have more than one real estate development qualification. Article 15 of the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Disputes over State-owned Land Use Rights Contracts stipulates that at least one party must be qualified for real estate development, otherwise, the joint construction contract will be deemed invalid. The Regulations on the Management of Real Estate Development and Operation puts forward higher conditions for the establishment of real estate development enterprises: to establish a real estate development enterprise, in addition to meeting the conditions for the establishment of enterprises stipulated by relevant laws and administrative regulations, it should also meet the following conditions: (1) having a registered capital of more than 6,543,800 yuan; (two) there are more than four full-time technicians in real estate and construction engineering with qualification certificates, and more than two full-time accountants with qualification certificates. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, put forward higher requirements for the registered capital and professional and technical personnel for the establishment of real estate development enterprises than those stipulated in the preceding paragraph. Ensure that companies entering this field have corresponding development capabilities.

(two) to implement the principle of unity of responsibility, right and benefit.

In practice, many joint development behaviors are deemed invalid by the court because they violate the basic principles of joint venture. For example, in the joint development agreement signed between Company A and Company B, it is stipulated that Company A is only responsible for providing construction land and does not participate in project construction management. No matter whether the project is profitable or not, Company B should give Company A some benefits ... According to the Supreme People's Court's Answers to Several Questions on Trial of Joint Venture Contract Disputes, such clauses belong to the "guarantee clauses" of the joint venture contract and should be deemed invalid. According to the new provisions of the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Disputes over State-owned Land Use Rights Contracts, such contracts are no longer directly deemed invalid, but changed, that is, recognized as loan contracts. It should be pointed out that the so-called unity of responsibilities and rights refers to the unity of rights and obligations of both parties in terms of their position in the whole contract, which does not mean that both parties must pay and benefit equally in any link of development. For example, in the construction project of a project, a company without real estate development qualification will not participate in the specific management work (or just send someone to supervise it), but the real estate company will take full responsibility, which does not mean that it violates this principle.

(3) The legal relationship is complicated.

The joint development of real estate involves many legal relations, which is more complicated. First of all, the relationship between the two partners, as mentioned above, should be a joint venture, which is divided into legal person joint venture and loose joint venture. The organizational form and the distribution of rights and obligations need to be carefully agreed (this article will analyze it in detail); Secondly, the relationship between the consortium and the government's subjective departments. All aspects of real estate development, from project establishment, planning, construction, pre-sale and acceptance, are inseparable from the supervision of government departments. The most intuitive performance is to apply for multiple licenses or approval documents. Joint development needs to be approved by government departments, and the handling, management, certification and approval should be handled in the names of both parties. Only in this way can joint development be recognized by law. Cases in which one party's rights and interests are damaged or the cooperation contract is deemed invalid by the court due to the failure to do a good job in the examination and approval of joint development are all logical and the lessons are very painful. Thirdly, the relationship between the consortium and other units or individuals includes construction contractors, demolition and resettlement personnel, house owners, loan and mortgage cooperative banks, etc.

Prove the model essay

Rural housing certificate ().

Two, the main types of real estate co-construction and its legal nature

In the field of real estate joint development, there are many irregular operations and various types of joint construction. Correctly distinguishing its types is conducive to judging its legal nature and confirming the validity of the contract. Now several common types of joint venture contracts and their legal nature are analyzed as follows:

1. Both parties * * * jointly provide the land for construction, * * * jointly contribute, * * * jointly handle the construction examination and approval procedures, and * * * jointly take charge of the construction. After the house is completed, both parties shall jointly acquire or separately acquire the property rights of the completed house according to the contract. In this kind of contract, because the planning permit is obtained in the names of both parties, according to the Provisions on the Registration of Urban House Ownership issued by the Ministry of Construction, several policy issues are involved. From the specific rights and obligations of this kind of contract, it can be seen that the main parties of this kind of contract are * * * to contribute capital, * * * to jointly operate, * * * to enjoy the benefits and * * * to bear the risks for the same cause. This kind of housing co-construction behavior is essentially an economic cooperation behavior, and its rights and obligations are similar to the partnership relationship in civil legal relations. A joint construction contract shall be recognized as a joint housing construction contract.

Second, one party provides land for construction and the other party contributes. The two sides have gone through the examination and approval procedures for land transfer and joint construction, and both sides are responsible for the construction. Both parties shall enjoy the benefits and bear the risks according to the investment proportion agreed in the contract. This kind of contract is a typical form of joint housing development because it meets the legal conditions of real estate management and development.

Third, one party provides construction land in its own name and obtains the approval procedures for building, while the other party contributes and is responsible for the construction. Both parties respectively obtained the property rights of the completed houses according to the proportion agreed in the contract. This kind of housing joint construction is more common, mainly between those who have land and no money and those who have money and no land.

In this kind of contract, the other party participates in the real estate development of one party in the form of investment, because the construction approval procedures such as planning project permit are collected by one party. According to the relevant laws and regulations, this method is essentially a transfer of real estate, and the property right of the house should first be enjoyed by the party holding the building approval procedures. Only after one party has registered the housing rights can the property rights be transferred to the other party in accordance with the contract. According to Article 4 1 of China's Real Estate Management Law, the rights and obligations stipulated in the land use right transfer contract will be transferred when the real estate is transferred. When one party transfers the property right of the house to the other party, the land use right occupied by the house is also transferred. Therefore, this kind of contract not only has the nature of housing transfer, but also has the nature of paid transfer of land use rights.

Fourth, one party provides land and funds for the construction, obtains the construction approval procedures in its own name, and is responsible for the construction itself. The other party only provides certain funds according to the agreed unit price and area. After the building is completed, one party will give the other party specific property rights or high returns according to the contract. This joint construction method is also very common. When the land use right is insufficient, the party who enjoys the land use right often takes this way to attract another enterprise to participate in the "* * * simultaneous development". Because the investors who participate in the construction obtain the property right or high return of a specific house without taking any economic risks, and have not gone through the examination and approval procedures for joint construction, do not have the qualification for building development, and do not actually engage in construction and real estate development activities, this form of participation in construction is essentially an illegal financing act. This kind of contract belongs to the "guarantee clause" of the joint venture contract according to the provisions of the Supreme People's Court's "Answers to Several Questions on the Trial of Joint Venture Contract Disputes", which should have been deemed invalid. However, according to the new provisions of the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of State-owned Land Use Right Contract Disputes, this kind of contract is once again recognized as a change contract, that is, a financing loan contract.

In short, there are various forms of housing joint construction, but no matter what form of housing joint construction, we should correctly grasp its legal characteristics and confirm its legal nature according to the contents of the contract. Only in this way can we correctly judge the validity of the contract.

Third, the legal risk prevention of real estate joint construction

(1) Determination of subject qualification: The People's Republic of China (PRC) Urban Real Estate Management Law clearly stipulates that real estate developers must have corresponding qualifications, and the joint construction of real estate development is also a kind of real estate development, so it is also necessary to abide by this provision, and the relevant judicial interpretation in the Supreme People's Court also clarifies this condition. Therefore, in real estate development and joint construction, risks first come from partners. Enterprises that have the right to use land but lack capital or real estate development and operation qualifications should first verify whether the other party has the corresponding real estate development and operation qualifications when choosing partners for joint construction; Units with capital or real estate development qualifications but no land use right shall confirm whether the other party legally holds the land use right of the project construction. Otherwise, the contract signed by both parties may be invalid because they do not have the conditions for real estate development and operation, and even be subject to administrative punishment. Article 34 and Article 35 of the Regulations on the Administration of Urban Real Estate Development and Operation stipulate that those who engage in real estate development and operation without obtaining a business license in violation of the regulations shall be ordered by the administrative department for industry and commerce of the people's government at or above the county level to stop real estate development and operation activities, their illegal income shall be confiscated, and they may also be fined less than five times their illegal income; Without obtaining the qualification certificate or engaging in real estate development and management beyond the qualification level, the real estate development department of the people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of 50,000 yuan to 65,438+10,000 yuan; If no correction is made within the time limit, the business license shall be revoked by the administrative department for industry and commerce. Of course, if an enterprise has both land use rights and real estate development and management qualifications, it would be much easier if it just lacks funds.

Therefore, partners should be required to provide the business license of enterprise legal person and the qualification certificate of real estate development that has passed the annual inspection (it is best to make a copy and file it for future reference), and carefully examine it; At the same time, you can also entrust a lawyer to investigate the credit and land ownership of the other party to confirm the qualification of the contract subject.

(B) legal risk prevention of joint construction contracts

After determining the co-construction partners, we will enter the negotiation and signing stage of specific cooperation matters between the two parties.

At this stage, the two parties should generally negotiate at least the following matters (including risks), and sign a co-construction contract (or agreement) after reaching an agreement: (1) Overview of cooperation matters between the two parties, including the basic situation of the project, project approval procedures, project demolition, early development, etc. ; (2) Rights and obligations of both parties. This agreement includes, but is not limited to: cooperation mode and corresponding authority, total investment of the project and investment mode, change registration of land use right certificate, handling of relevant licenses of engineering construction projects, arrangement of funds in place, distribution ratio of profits or houses built, tax burden, and other matters deemed necessary by both parties; (3) Liability for breach of contract; (4) cooperation period; (five) the way to deal with the unfinished business; (6) dispute resolution.

At this stage, the main things that joint builders should do are: (1) to verify the authenticity and legality of the state-owned land use right certificate, state-owned land use approval document or corresponding real estate development and operation qualification held by the other party. This is because Article 23 of the Regulations on the Implementation of the Land Management Law clearly stipulates that if a specific construction project needs to use land, it must apply for the use of state-owned construction land within the scope of urban construction land determined by the overall land use planning according to law. Specific construction projects without land use rights are illegal construction, which will lead to investigation and punishment by relevant state departments. (2) When signing a contract, we should pay attention to the following principles: the terms of the contract, especially the rights, obligations and liabilities of both parties for breach of contract, must be clear, specific and detailed, and the words (including punctuation marks) should be accurate and not vague or ambiguous; It's best to put what is agreed orally into a specific written contract. As the saying goes, "what you say is nothing, and what you say is well-founded." After all, when a dispute occurs, you need evidence to support your claims and requests. You would rather have a little trouble when signing the contract than have a dispute in the future.

Article 2 rural land certificate

[Preview] Rural Land Certificates According to the relevant provisions of the state, as of June 5438+October 2009 1, there are three main types of land certificates issued in China:1and collective land ownership certificates. The people's government at the county level shall register the land collectively owned by farmers, issue the certificate of collective land ownership and confirm the ownership. 2, collective land construction land use right certificate. People's governments at the county level shall register collectively owned non-agricultural construction land according to law, issue certificates of collective land use rights for construction land, and confirm the right to use 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. [1] In 2003, China began to issue forest right certificates, and its four rights and interests also included some land rights and interests. [2] Edit the program in this paragraph 1. When the house is transferred or the land use right is transferred, the original house purchase and sale agreement, house photos and land use certificate must be submitted. 2. If the house is inherited and donated together with the land use right, a photo of the house, the original land use certificate, a notarial certificate or an agreement signed by the user and a street certificate shall be submitted. 3, the land registration of new houses should be submitted to the building approval of the land planning department. 4. If the land certificate is lost or damaged, the land owner shall timely file with the original issuing authority, apply for a new certificate, and make an announcement in the local newspaper. If there is no objection within 30 days from the date of announcement, the original land certificate shall be cancelled by the original issuing authority and renewed. 5. Sales cases, inheritance cases and gift cases must be handled by both parties at the same time. 6. In addition to the above materials, the entrusted agent shall also provide the power of attorney signed and sealed by the principal. [3] Edit this paragraph to develop historical agriculture Article 60: Rural land "……………………………………………"

Article 3 proof of house

[Preview] House Certificate 1. In order to maintain the order of the real estate market, protect the legitimate rights and interests of real estate owners, and standardize the printing management of housing ownership certificates, these measures are formulated in accordance with the People's Republic of China (PRC) Urban Real Estate Management Law, the Regulations on the Administration of Printing Industry and the Measures for the Administration of Urban Housing Ownership Registration. Two, the house ownership certificate is the only legal certificate that the owner of the house owns the house according to law and exercises possession, use, income and disposal of the house. 3. The house ownership certificate includes house ownership certificate, house ownership certificate, house ownership certificate or house ownership certificate, house ownership certificate and house ownership certificate. Four, all levels of construction (real estate), publishing, public security, industrial and commercial administrative departments, to carry out their duties, cooperate with each other, * * * responsible for the printing and management of housing ownership certificates. Five, all of the housing by the Ministry of construction producer. The printing enterprise that prints the house ownership certificate shall be an enterprise that has obtained the printing business license issued by the publishing administrative department and the special trade license issued by the public security department according to law and registered in the administrative department for industry and commerce according to law. Printing enterprises shall be determined by the Ministry of Construction and reported to the General Administration of Press and Publication for the record. Six, the provinces, autonomous regions and municipalities directly under the central government, the construction administrative departments of real estate administrative departments should be strictly in accordance with the principle of territorial management, will be within the jurisdiction of the city and county housing ownership registration and certification authority name unified report to the Ministry of construction, the Ministry of construction unified preparation of the registration number. Seven, the housing ownership certificate commissioned by the printing unit for the province, autonomous region construction department and the municipal real estate administrative department. Eight, the entrusted printing unit must hold the entrusted printing certificate issued by the Ministry of Construction to the printing enterprise printing factory determined by the Ministry of Construction to receive the house ownership certificate. Nine, the printing factory must verify the housing ownership certificate of the construction enterprise. ...

Article 4 House lease certificate

[Preview] The landlord and lessor of the house lease certificate are both Party A, and their names are _ _ _ _ _ _ _ _ _ _ _. The lessee rents _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Electricity began to be used at _ _ degrees, and indoor tap water began to be used at _ _ tons. Check-in time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If Party B still fails to check out after 15 days, the landlord has the right to move Party B's things out of the house, and Party B shall bear the losses or damages. If the lease is refused within 15 days, the deposit will be returned to Party B. However, during the lease period of _ _ _ _ _ months, due to internal and external reasons and personal reasons, Party B cannot ask for the refund of the lease or the deposit. Matters that the Lessee agrees to pay attention to and abide by when leasing Ben apartment, regardless of whether the lease term of this Agreement has expired: 1. The deposit cannot be used as rent. Party B shall pay off the rent for the next month and the water and electricity charges for the last month on _ _ _ every month.

Article 5 House Lease Certificate

[Preview] Certificate of House Lease Certificate of House Lease Chongqing Administration for Industry and Commerce Branch: This is to certify that it is located in a residence and is intended to be used as a business place. According to Article 77 of People's Republic of China (PRC) Property Law, "the owner shall not change the house into a business house in violation of laws, regulations and management regulations. If the owner changes the house into a business house, it shall be approved by the interested owner in addition to complying with laws, regulations and management regulations. " Now the interested owners of the house unanimously agree to change the house into a business room. This is to certify that. According to the relevant regulations of the state, house leasing should meet the following conditions: ① having legal property right certificate; (2) If * * * has the property right, the consent certificate of * * * * must be submitted; (three) to change the house or other houses into business houses for rent, it shall submit the consent certificate of the planning and housing management department; (four) to rent public houses directly managed by the housing management department, a certificate of approval from the housing management department shall be submitted; ⑤ The house can be used normally, and it is not included in the dangerous houses. Houses under the following eight circumstances shall not be rented: ① Newly built houses shall not be rented without comprehensive acceptance by the relevant state departments and without a license for sale or lease. Property certificate is the only proof of house ownership, and houses without "House Ownership Certificate" shall not be rented. (2) The property belongs to a house jointly owned by two or more * * * people. If the * * * people disagree and the ownership of the property is disputed, it is not allowed to be rented. (3) Houses without a written house lease contract (rental purpose, lease term, rent, rights and obligations of both parties and liability for breach of contract, etc.). ) and not for housing rental registration procedures are not allowed to rent. (4) The lessee lives in the public houses of the housing management department or other enterprises and institutions.

Sixth proof of free use of the house

[Preview] Certificate of Free Use of the House Certificate of Free Use of the House (style) Certificate of authorized free use of the house: Zhangjiajie public institution registration administration department: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Submit its copy) □ I rent the house (submit the property right certificate, show the lease contract with a lease term of more than one year within the validity period and submit its copy) □ The house allocated by the state (submit relevant supporting documents) □ Other information is now provided to _ _ _ _ (name of the organization) free of charge, and the service period is _ _ _ _. Legal Authorized Person of the Property (Seal) ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Signature (or seal) of the owner of the house: Note: This certificate, together with a copy of the house property right certificate or the certificate of the residence (business premises) of the enterprise, serves as the proof of the place. The free use of the house proves that I have a house of 100 square meter on. Donghai Road, Caiyuan Town, Shengsi County, used by Dongsheng Aquatic Food Factory free of charge; Long service life. Owner: Chen Min's (signature or seal) certificate of free use is issued by the company itself. However, if the property is used for free, the lessee shall pay the property tax according to the original value of the property, that is, * 70% * 1.2%. ...

Seventh housing notice registration certificate

[Preview] Certificate of advance notice registration of houses: According to Article 20 of the Property Law, "the parties sign an agreement on the sale of houses or other real estate rights, and in order to ensure the realization of future property rights, they can apply to the registration agency for advance notice registration according to the agreement. After the advance notice registration, if the obligee without advance notice registration agrees to dispose of the real estate, the real right effect will not occur. The function of proof: after the advance notice registration, if the creditor's rights are extinguished or the application for registration is not made within three months from the date when the real estate registration can be carried out, the advance notice registration is invalid. It can be seen that the certificate of house advance notice registration refers to the certificate that the parties apply for advance notice registration to the real estate registration management department (real estate bureau) in order to ensure the realization of future property rights when signing the house sale agreement, and the real estate management department reviews and registers it according to law. Guide to the replacement of house notice registration certificate 1. Work basis: 1, Property Law 2, Housing Registration Method 3, Detailed Rules for the Implementation of Hunan Province 4. Notice issued by Hunan Provincial Price Bureau and Hunan Provincial Department of Finance (Xiang Jia Fei [2008]122) II. Received information: 1. Application form for registration (inquiry); 2, the applicant's identity certificate (copy); 3. Housing advance notice registration certificate; 4. Other necessary materials. Three. Business process: application → acceptance → preliminary examination → examination and approval, appointment → certificate preparation → charging, certification → filing. Processing time: 5 working days. 5. Fees and standard certificate fee: 65,438+00 yuan per certificate. 6. Certificates. Undertaking department: Housing Sales Management Section of Chenzhou Real Estate Transaction and Ownership Registration Management Office (pre-registration of pre-purchased commercial housing) Read the full text of Chenzhou real estate transaction and ...

Eighth housing safety appraisal certificate

[Preview] Housing Safety Appraisal Certificate This year, the Ministry of Construction issued Order 129, which revised the original Regulations on the Management of Urban Dangerous Houses, and proposed that "the real estate administrative departments of the people's governments of cities and counties should set up housing safety appraisal institutions to be responsible for the safety appraisal of real estate, and uniformly use the' professional seal for housing safety appraisal'". The Municipal Real Estate Administration recently established the Housing Safety Appraisal and Testing Center of the Municipal Real Estate Administration, which is responsible for the housing safety appraisal in the whole city. Clearly point out seven situations, the user should give the house a physical examination. According to the latest explanation, a dangerous house refers to a house whose structure has been seriously damaged or whose load-bearing objects are dangerous components, which may lose its structural stability and bearing capacity at any time and cannot guarantee the safety of living and using. "Tianjin Housing Safety and Use Management Regulations" clearly points out that there are seven situations in which users should conduct housing safety appraisal. 1. If the installation of towering objects, shelving objects or hanging objects on a building is to demolish the building structure, obviously increase the load of the building or install billboards and other towering objects on the roof, the original architectural design unit or a design unit with corresponding qualification grade shall put forward a design scheme, and the installation can only be carried out after the building safety appraisal agency has appraised that it meets the safety conditions. 2. Seriously damaged houses are generally not allowed to be renovated. If it is really necessary to decorate, the house safety appraisal should be carried out first, and repair and reinforcement measures should be taken to meet the safety conditions of living and use before decoration can be carried out. 3, non-residential housing renovation involves the demolition of housing structure, significantly increase the housing load, it should be by the original housing design units or design units with corresponding qualification levels to put forward the design scheme, after the housing safety appraisal institutions to identify the safety conditions.