Can Quanzhou villa be transferred without land certificate?

The villa in Quanzhou has no land certificate, so it is impossible to handle the transfer procedures of house property rights. To handle the house transfer formalities, the owner needs to obtain the house property right, have the real estate license, deed tax certificate, land certificate of transfer nature, and pay off the mortgage loan before going through the transfer formalities.

"People's Republic of China (PRC) City Real Estate Management Law"

Thirty-second real estate transfer, mortgage, housing ownership and land use rights within the scope of housing occupation at the same time transfer, mortgage.

Thirty-eighth the following real estate may not be transferred:

(a) the acquisition of land use rights by means of transfer does not meet the conditions stipulated in Article 39 of this Law;

(two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law;

(three) to recover the land use right according to law;

(four) without the written consent of other people, * * * owns real estate;

(five) the ownership is controversial;

(6) Failing to register according to law and obtaining the ownership certificate;

(seven) other circumstances in which the transfer is prohibited by laws and administrative regulations.

Thirty-ninth to obtain land use rights and transfer real estate, the following conditions shall be met:

(a) according to the transfer contract, all the land use right transfer fees have been paid, and the land use right certificate has been obtained;

(two) investment and development in accordance with the transfer contract, which belongs to housing construction projects, exceeds 25% of the total investment in development, and belongs to plots of land, forming industrial land or other construction land conditions.

If the house has been completed when the real estate is transferred, it shall also hold the house ownership certificate.

Housing registration method:

Article 32

In any of the following circumstances, the parties concerned shall apply for the registration of the transfer of housing ownership after the relevant legal documents come into effect or the facts occur:

(1) buying and selling;

(2) Interchange;

(3) donation;

(4) Inheritance and bequest;

(five) the division and merger of houses, resulting in the transfer of ownership;

(six) to invest in housing;

(seven) the division or merger of legal persons or other organizations, resulting in the transfer of housing ownership;

(eight) other circumstances stipulated by laws and regulations.

Article 33

To apply for registration of house ownership transfer, the following materials shall be submitted:

(1) Application for registration;

(2) the identity certificate of the applicant;

(three) all of the housing or real estate ownership certificate;

(four) materials to prove the transfer of ownership of the house;

(5) Other necessary materials.

The materials mentioned in Item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequests, inheritance certificates, division agreements, merger agreements, legal documents that come into effect by the people's courts or arbitration committees, or other materials that prove the transfer of house ownership.