The so-called new housing five certificates, refers to the real estate developers in the pre-sale of housing should have "construction land use planning permit", "construction planning permit", "building construction permit", "state-owned land use certificate" and "pre-sale of commercial real estate license", referred to as "five certificates". The first three certificates are issued by the URA, while the State-owned Land Use Certificate and the Commodity Property Pre-sale License are issued by the Municipal Land Resources and Housing Administration.
1 State-owned land use certificate
General home buyers can not remember the name of the "five certificates" and the issuing authority, in fact, do not have to remember so much. You only need to look at the purchase of housing "State-owned land use certificate" and "pre-sale license" the "two certificates" on the line. Because if the developer has not obtained the "State-owned Land Use Certificate" is not to get the "Construction Land Use Planning Permit" and "Construction Project Planning Permit", not to obtain the above two "Planning Permit" and "Construction Permit" is not to get the "Presale Permit". By obtaining the Pre-sale Permit, the developer can prove that the project has passed the government's approval in terms of planning, engineering, land use, etc., and has the qualification to enter into the market transaction of the developed commercial properties. According to the regulations of the Beijing Municipal Government, the developer can only sign a formal pre-sale contract with the customer if the developer has a pre-sale license. The company's website is a great place to find out more about the latest developments in the market, and it's also a great place to find out more about the latest developments in the market.
Purchasers in the handover ("two books", "a table" is only issued after the completion of the project, the purchase of the general developers can only provide "five certificates") should be asked to Real estate developers and sellers to provide a complete "five certificates", "two books", "a table", which is the law on the basic requirements of the seller." The "five certificates" refer to the "State-owned Land Use Certificate", "Construction Land Use Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit" (Construction Project Commencement Certificate), and "Commodity Property Sales (Pre-sale) Permit". Two Books" refers to "Residential Quality Guarantee" and "Residential Use Instruction"." A table" refers to the "completion of the acceptance of the record table".
2 residential quality assurance
It is the developer of the sale of commercial residential quality responsibility of the legal documents, can be used as a commercial property pre-sale contract, and the contract has the same effect as the supplementary agreement. Engineering quality assurance certificate is a real estate development enterprises on the sale of commercial housing quality responsibility of the legal documents.
Commercial housing warranty period from the developer will be completed and accepted the date of delivery of housing. Specific warranty period and warranty coverage in the engineering quality warranty "Residential Quality Warranty" generally agreed that the basement and pipe leakage for 1 year; and written in the engineering quality warranty.
The most important of the five certificates are the State-owned Land Use Certificate and the Commodity Property Sales (Pre-sale) License, both of which indicate that the purchased house is a legal transaction. Commodity sales (pre-sale) license "pre-sale range for the project can be sold floor, buyers must see whether the purchase of floor in the pre-sale range.
The "two books" can be used as a supplement to the contract for the purchase and sale of commercial real estate, and is a real estate development enterprises in the delivery of commercial real estate use, to the buyer to provide the quality of commercial housing to bear the responsibility of the legal documents and documents to ensure. [1]
3Land Use Certificate
The State-owned Land Use Certificate is a legal document that proves that the land user (unit or individual) is using the state-owned land, and is protected by law. Beijing Municipal Land and Housing Bureau to fill in the direct issuance of the "State-owned land use certificate" according to the use of state-owned land in different ways, respectively, stamped with the "Land and Housing Bureau allocated land use certificate seal", "Land and Housing Bureau paid land use certificate seal>> >.
4 Construction Land Use Planning Permit
"Construction Land Use Planning Permit" is the construction unit in the land management department to apply for expropriation, allocation of land before the administrative department of urban planning to confirm the location and scope of the construction project in line with the urban planning of the legal certificate, is the construction of land use of the unit of the legal certificate. Without this certificate, the land use unit is an illegal land use, and the real estate developer's sale of housing is also illegal, and cannot receive real estate ownership documents.
The purpose of issuance: to ensure that land use is in line with urban planning, and to safeguard the legitimate rights and interests of construction units to use land in accordance with urban planning.
Legal Consequences: According to the relevant regulations, even if a real estate developer obtains the approval document for construction land, if he occupies the land without obtaining the Construction Land Use Planning Permit, his construction land use approval document is invalid.
5Construction Project Planning Permit
The Construction Project Planning Permit is a legal certificate regarding the conformity of the construction project with the requirements of urban planning, a legal certificate for the construction unit to construct the project, and a legal basis for accepting the supervision and inspection in the construction activities. Without this license, the construction unit, the construction of the project building is illegal construction, can not receive real estate ownership documents.
The purpose of issuance: to confirm the legal status of the construction activities concerned, to ensure the legitimate rights and interests of the construction units and individuals concerned.
Legal consequences: real estate developers who fail to obtain the Construction Project Planning Permit or carry out development and construction in violation of the provisions of the Construction Project Planning Permit, which seriously affects urban planning, will be ordered by the administrative department in charge of urban planning to stop the construction, and to dismantle or confiscate the illegal buildings, structures and other facilities within a certain period of time, and the responsible personnel may be given administrative sanctions by their units or higher competent authorities. Give administrative sanctions.
6 Construction Permit
The Construction Permit (Construction Starting Permit) is an approval document for a construction unit to meet the various construction conditions and to allow work to begin, and is a legal document for the construction unit to carry out the project, as well as one of the main bases for the registration of housing ownership. No construction projects are illegal and not protected by law. When all kinds of construction conditions are complete, the construction unit should be approved in accordance with the plan to start the project to the construction administrative department of the people's government at or above the county level where the project is located to apply for a construction permit and receive a construction permit. Without a construction permit shall not be started.
7 commercial real estate sales (pre-sale) license
"Commercial real estate sales (pre-sale) license" is the municipal and county people's real estate administrative departments to allow real estate development enterprises to sell commercial real estate approval documents. Its competent authority is the Land and Housing Bureau, and the certificate is uniformly printed, registered for approval and issued by the municipal Land and Housing Bureau. Real estate developers should also hold a certificate of ownership of a house when selling a commercial house if the house has been completed. Homebuyers who need to investigate the construction quality of the house can also check the real estate developer's "Engineering Acceptance Certificate".
8 Residential Quality Warranty
What does the Residential Quality Warranty stipulate? And what is the warranty period and warranty coverage?
Answer: China's real estate laws and regulations provide that real estate development enterprises should provide buyers with the "Residential Quality Warranty" and
"Residential Instruction Manuals" at the time of delivery and use of commercial properties. Residential Quality Guarantee" is a real estate development enterprises on the sale of commercial housing quality responsibility of the legal documents.
The warranty period for commercial housing is calculated from the date the developer delivers the completed and inspected housing for use. Specific warranty period and warranty scope is: foundation and the main structure within a reasonable service life; roof waterproofing for 3 years; walls, kitchen and bathroom floors for 1 year; basement and pipeline leakage for 1 year; walls, ceiling plaster layer off for 1 year; ground drums and cracks, large areas of sand for 1 year; doors and windows cracked, hardware and sanitary ware damage for 1 year; lamps, electrical switches damaged for 6 months; pipeline blockage for 2 months; the door and window cracks, hardware and sanitary ware damage for 1 year; lamps, electrical switches damaged for 6 months The warranty period for other parts and components shall be agreed between the buyer and seller.
9 Residential Instruction Manual
The Residential Instruction Manual shall explain the structure, performance and the type, performance and standard of each part (component) of the residential property, as well as provide precautions for its use, and shall generally contain the following contents:
1, development unit, design unit and construction unit, and the supervisory unit shall be indicated if supervision has been entrusted to it;
2, the type of structure;
3, renovation, decoration precautions;
4, water, sewerage, electricity, gas, heat, communications, fire and other facilities configuration of the instructions;
5, related equipment, facilities, installation of the installation of the location of the reservation and installation of the precautions;
6, the type of doors, windows, the use of the precautions;
7, power distribution load;
8, load-bearing walls, insulation walls, waterproof layer, balconies and other parts of the notes on the instructions;
9, other issues to be explained.
(The above answer was posted on 2013-10-24, the current relevant housing policy please prevail)
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