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How to transfer the property


        

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  • 2024-06-17 01:00:04

    Procedure:

    1. The parties to the real estate transfer sign a written transfer contract;

    2. The real estate transfer party shall, within 30 days after the signing of the real estate transfer contract, present the real estate ownership certificate, the legal certificate of the party concerned, the transfer contract and other relevant documents to the local real estate management department to apply and declare the transaction price;

    3. The real estate legal department shall review the relevant documents provided and make a written reply on whether to accept the application within 15 days;

    4. The real estate management department shall verify the declared transaction price, and conduct on-site survey and evaluation of the transferred real estate as required;

    5. The parties to the real estate transfer shall pay the relevant taxes according to the regulations;

    6. The real estate management department shall verify and issue the transfer form.

    Legal basis

    Article 210 of the Civil Code of the People's Republic of China [Real estate registration authority and unified registration of real estate] Real estate registration shall be handled by the registration authority in the place where the real estate is located.
    The State implements a unified registration system for immovables. The scope, organ and method of unified registration shall be stipulated by laws and administrative regulations.

    Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate, in order to obtain the right to the use of land by means of assignment or allocation, an application for registration shall be filed with the land administration department of the local people's government at or above the county level. After verification by the land administration department of the local people's government at or above the county level, the people's government at the same level shall issue a certificate of the right to the use of land.
    If a house is built on the land legally obtained for real estate development, it shall apply to the housing administration department of the local people's government at or above the county level for registration on the strength of the land use right certificate, which shall be verified and issued by the housing administration department of the local people's government at or above the county level.
    When the real estate is transferred or changed, it shall apply to the real estate administration department of the local people's government at or above the county level for the registration of the change of the real estate, and apply to the land administration department of the people's government at the same level for the registration of the change of the land use right on the strength of the changed house ownership certificate. After verification by the land administration department of the people's government at the same level, the people's government at the same level shall replace or change the certificate of the land use right.
    If the law provides otherwise, the provisions of the relevant law shall prevail.

    On***

    2024-06-17 01:00:04

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