Recently, Mr. Han, who lives in Vivi Garden, Jinshui District, Zhengzhou City, is very upset: he has lived in a house for more than ten years and has a household registration book, but because the land where the community is located is collective land, he can't get a title certificate and can't trade. There are many similar situations in Mr. Han's community. In addition, some communities cannot complete real estate registration because of the nature of land or incomplete land information. □ Dongfang Jinbao Mammoth reporter Rolling/Wen Shenxiang/map
Case 1: occupying collective land, having a house but unable to trade.
In 200 1 year, Mr. Han bought a set of quasi-existing houses in the garden near the intersection of Wenhua Road and North Third Ring Road in Zhengzhou at the price of commercial housing. At that time, the price was about per square meter 1400 yuan. Shortly after the delivery, Mr. Han obtained the title certificate of commercial housing, but the developer did not give the land use certificate. To this end, this 100 multi-family community set up an owners' Committee and took the developer to court.
However, after winning the case, the developer did not pay the land transfer fee according to the judgment. "The developer cheated, and the real estate transaction at that time was based on the real estate license, so the land certificate was put on hold." Mr. Han said that the house price in Zhengzhou has been rising all the time last year, and his 1.20 square meter multi-storey house has also risen from 1450 per square meter when he first bought it to 14500 now.
Because the community has been built for a long time, some of Mr. Han's neighbors began to sell houses one after another and used the proceeds to buy houses in some new communities. At the beginning of April, Mr. Han also wanted to sell the house. After the house was hung up in the intermediary, the price was also negotiated with the buyer. However, in early April, the intermediary called and said that the house could not be sold, because the nature of the residential land was collective land and there was no property right certificate.
What Mr. Han can't understand is that he has paid all kinds of taxes and fees for the commercial house he bought at the market price of 200 1. Now, why do these communities, which cover more than ten acres 100, become "small property houses" with houses but cannot be traded and mortgaged?
Case 2: Due to the nature of the land, you can't get the money after completing the account.
The house can't complete the transaction either. Ms. Yang is located in the North Asia Pacific Garden Community at the intersection of Hanghai East Road and Chaofeng Road. 20 13 Ms. Yang bought a house in Asia Pacific Garden, with a price of more than 7,000 yuan per square meter. 2065438+July 2006, the house price near the community rose to about 10,000 yuan, and Ms. Yang wanted to sell the house and change it to a bigger one.
On August 4, 20 16, she signed a sales contract with the buyer, and then went through the follow-up procedures. The Housing Authority paid various fees. After the house was transferred to the buyer, it just happened to catch up with the real estate registration reform, and the house transaction was finally stuck in the process of issuing the real estate license. This delay is eight months, because the loan money can't be taken out in the bank. Now Ms. Yang has no room and can't afford to sell the house.
What makes her speechless most is that in the past eight months, the house price in the Economic Development Zone has increased by 40%. The original house sold at 6,543,800 yuan per square meter has now risen to 6,543,800 yuan. She has no money to buy a new house because she has no money to sell it. If you sell less money, you have to pay more in the future. Ms. Yang calculated an account. She could have bought a three-bedroom apartment at the sale price, but now she can only buy two bedrooms.
The problem is, although I heard that the real estate department of the Economic Development Zone had measured the residential land before, after several months, I still haven't heard any solutions from the real estate department. Even if she bought two rooms, she should get the money to buy a house before the house price rises sharply again. Ms. Yang said that she also went to the land department and asked that there are not a few people who have similar experiences in selling houses in the Economic Development Zone. Because the nature of land in many residential areas in the Economic Development Zone is industrial land, the nature of land has not changed, so few houses can be transferred.
"If there is a problem with the residential land, how did Asia Pacific Garden get the real estate license in 2008?" Ms. Yang said that all the houses in the Asia-Pacific Garden cannot be transferred now, nor can those with real estate licenses be transferred. "At that time, we dared to buy it because we had a real estate license. Now the registration of real estate rights is being implemented, saying that my house cannot be traded. Who should I talk to? "
There are many similar "problem communities" in Zhengzhou.
At present, in Zhengzhou, there are many communities that have houses but cannot register real estate rights. Earlier, some media reported that the Economic Development Zone includes Jin Dian in the east, Yuanda Ideal City (some properties have problems), Cape of Good Hope, Tian Ming Garden, Expert Garden, Sydney Sunshine, No.76 courtyard of Sixth Street in the Economic Development Zone, relatives courtyard of the Economic Development Zone Management Committee, Qingqing Beautiful House, Green Holiday, Green Holiday Villa, Oriental Taoyuan, Dong Jun Blue Bay, Hong Guang Heyuan, Shangdongmei Cube 15.
Many communities in Zhongyuan District cannot complete the registration of real estate because the land is sealed up or there is no land information. In Jinshui District, Vivi Garden and No.7 Qin Highway can't register real estate except for the problem areas such as land grabbing, because the land in this area is collective land.
Recently, a letter from Zhengzhou Land and Resources Bureau to Zhengzhou Housing Management Bureau about stopping housing transactions in some residential quarters showed that 27 residential quarters, including Vivi Garden in Jinshui District of Zhengzhou City, stopped housing transactions in accordance with the relevant provisions of Property Law, Land Management Law and Urban Real Estate Management Law because they occupied state-owned agricultural land and collective land.
The response will introduce corresponding policies. You can register some "problem communities".
The relevant person in charge of Zhengzhou real estate department said in an interview that these 27 communities are only preliminary statistics and need further confirmation. After confirmation, relevant departments will further deal with it according to relevant laws and regulations.
It is understood that due to the occupation of industrial land, the real estate registration department will solve the situation that houses such as "no land information" and "the planned use of houses does not match the land use" cannot be registered for transfer and mortgage according to the Guiding Opinions on Doing a Good Job in Real Estate Registration issued by the Provincial Department of Land and Resources at the end of 20 16. For example, as long as the land where the house is located has obtained a large land certificate, it has not been sealed up, mortgaged, changed in use, and has no cross-parcel boundary, it will not affect the registration of real estate. Houses that have not obtained a large land certificate, as well as houses that have problems such as land seizure, mortgage, inconsistent use of houses and inconsistent ownership of houses, cannot apply for real estate registration until the Zhengzhou Municipal Government issues relevant policies.
People should not bear the debt of correct history.
Some people think that the problem community has been hidden before the real estate registration.
According to industry insiders, whether it is state-owned construction land is an important reference standard to distinguish "small property houses". Because of the land problem, there is "capital" but no "certificate", but one fact must be faced squarely, that is, the owner has paid the house price and obtained the real estate license when buying a house, and some houses have even been traded many times. At present, due to the problems of developers or poor government supervision, it is impossible to register real estate. Relevant departments should pay attention to the voice of owners who are eager to register real estate rights and come up with specific treatment opinions through consultation as soon as possible. Otherwise, these owners will turn the contradiction to the reform of real estate registration.
There is a voice that if the problem community wants to completely complete the registration of real estate, it involves the change of land nature, which involves the change of land nature and the payment of land transfer fees. Some old community developers no longer exist or have changed their identities. Maybe it can only be borne by the owner. However, some people in the industry believe that since no one has paid a room less because of the land problem when buying a house, and since the owner has paid all the purchase price and has actually occupied the house and obtained the property right certificate, the historical debt of the developer who has not paid the land transfer fee should not be borne by the people.