Provisional Regulations on real estate registration

Provisional Regulations on real estate registration

Ref: People's Republic of China State Council Order No. 656
Issued by: State Department
Date issued: 2014-11-24

State Council of the People's Republic of China
No. 656
Notice is hereby given, "Provisional Regulations on real estate registration," shall become effective March 1, 2015.
Premier Li Keqiang
November 24, 2014
Chapter I General Provisions
The first is the integration of real estate registration duties, standardized registration act, convenient for people to apply for registration and protection of the rights of the legitimate rights and interests, according to "People's Republic of China Property Law" and other laws and regulations are formulated.
Article II of the Regulation, registration of real estate, real estate registration agency refers to the rights of ownership of real property in accordance with law and other legal matters recorded in the realty register behavior.
In this Regulation, real estate, refers to land, sea and houses, trees and other fixed objects.
Article first registration of real estate, change of registration, transfer of registration, cancellation of registration, correction of the registration, the dissidence registration, notice of registration, seal registration, the application of this Ordinance.
The state shall implement a unified real property registration system.
Real estate registration follow strict management, continuous stability, facilitating the masses.
Realty realty have legally entitled to, not because the registration authority and the registration procedures affected.
Article 5 The following real property rights, in accordance with the provisions of these Regulations for registration:
(A) collective ownership of land;
(B) housing and other buildings and structures of ownership;
(C) forests, forest ownership;
(Iv) the land contract and management rights of farmland, woodland, grassland;
(V) construction land use rights;
(Vi) the right to use the homestead;
(Vii) the right to use the waters;
(Viii) the easement;
(Ix) the mortgagee;
Other real estate rights (j) the law requires registration.
Article Land and resources departments of the State Council in charge of guidance and supervision of the national real estate registration work.
Local people's governments above the county level should establish a department-oriented real estate registration agency administrative regions responsible for the registration of real estate and receive guidance higher people's government department in charge of real estate registration and supervision.
Article by the real estate registration Real estate location county government agency for real estate registration; municipalities, districts and municipal people's government can determine the level of real estate registration agency to handle unified real estate registration belongs to the districts.
Registration of real estate across the county-level administrative regions shall be handled by the county-level administrative regions across the real estate registration agency, respectively. It can not be handled separately from the inter-county level administrative regions to handle real estate registration agency consultations; negotiation fails, designated by the common superior people's government department in charge of real estate registration.
Forest State Council focuses on state-owned forests, trees and woodlands, the State Council approved the project by the sea, with the island of real estate registration, the central state organs to use state-owned land, the Land and resources departments in conjunction with relevant departments under the State Council.
The second chapter in the realty register
Article VIII of real estate in the real estate unit as the basic unit for registration. Real estate unit has a unique code.
Real estate registration agency shall establish a unified real estate registration book in accordance with the provisions of the State Council department in charge of Land and Resources.
Realty register shall record the following matters:
(A) immovable property situated, boundary, spatial boundaries, area, purpose and other natural conditions;
(B) subject real property rights, the type, content, origin, duration, rights change ownership status;
(C) relates to real property rights restrictions, prompting matters;
(Iv) other relevant matters.
Article IX realty register shall use electronic media, they will not have the conditions, you can use the paper medium. Real estate registration agency shall clear the realty register the only legitimate form of media.
Realty register using electronic media should be regularly backed up off-site, and has a unique, paper form conversion determined.
Article X of real estate registration agency shall, according to law all kinds of registration items is accurate, complete, clearly recorded in the realty register. No person shall damage the realty register, in addition to be corrected by law may not modify registered items.
Article XI of real estate registration and registration of real estate shall have the work to adapt the expertise and operational capacity.
Real estate registration agency shall strengthen the management of real estate registration staff and professional and technical training.
Article XII of real estate registration agency shall designate a person responsible for keeping the register of real property, and establish and improve the safety responsibility system.
Using paper medium realty register shall be equipped with the necessary security, fire prevention, anti-stain, anti-pest and other security facilities.
The use of electronic media in the realty register shall be equipped with special storage facilities, information networks and to take safety precautions.
Article XIII of real estate register kept by the permanent registration of real estate agencies. Real estate register are damaged or lost, the real estate registration agency shall, on the basis of the original registration data to be rebuilt.
Regional administrative change or adjust the functions of the real estate registration agency shall promptly transfer the real property register corresponding registration of real estate agencies.
Chapter III registration program
Article 14 sale, such as the right to apply for a mortgage real estate registration shall be jointly filed by the parties.
Belong to one of the following circumstances, the party may unilaterally apply:
(A) have not yet registered for the first time to apply for registration of real estate;
(B) Preserving and accept bequests to acquire immovable property rights;
(Iii) the people's court, the legal instruments in force arbitration committee or the people's government decided to wait for the entry into force of the establishment, alteration, transfer, elimination of real property rights;
(Iv) the rights of the name, or the name of the natural conditions change, apply for change of registration;
(E) loss of real property or real property rights of people to give up the right to apply for cancellation of registration;
(F) apply for correction of the registration or objection to registration;
(Vii) legal, administrative regulations may be other circumstances unilateral application by the parties.
Article XV to the party or its agent shall apply for real estate registration office for the registration of real estate.
Real estate registration agency will apply for registration before items recorded in the realty register, the applicant may withdraw the registration application.
Article XVI applicant shall submit the following materials, and responsible for the authenticity of the application materials:
(A) an application for registration;
(B) The applicant, agent identity documents, power of attorney;
(C) the relevant materials to prove the source of real estate ownership, registration reason documents, real estate ownership certificate;
(Iv) real property boundary, spatial boundaries, area and other materials;
(E) description of the material with others interested in the relationship;
Implementation of other materials prescribed in the Regulations (vi) laws, administrative regulations and the present regulations.
Real estate registration agency shall, in the workplace and open the portal to apply for registration materials needed directories and model text and other information.
Article XVII of real estate registration of real estate registration agency receives the application materials should be handled separately in accordance with the following conditions:
(A) belong to the scope of registration duties, application materials are complete and meet the statutory form, or the applicant has submitted all the corrections in accordance with the requirements of the application materials shall accept the application and inform the applicant in writing;
The presence of errors can be corrected on the spot (ii) the application materials shall inform the applicant corrected on the spot, the applicant corrected on the spot, shall accept and inform the applicant in writing;
(C) the application materials are incomplete or do not meet the statutory form, it shall inform the applicant in writing will not be accepted on the spot and at once inform the entire contents to be supplemented;
(D) the application for registration of real estate does not belong to the scope of the agency registration, it shall notify the applicant in writing on the spot and inform the applicant inadmissible to have the right institutions to apply for registration.
Real estate registration agency did not inform the applicant in writing on the spot inadmissible deemed admissible.
Article XVIII of real estate registration agency to receive real estate registration, the applicant shall be inspected in accordance with the following requirements:
Real estate situation (a) real property boundary, spatial boundaries, area and other materials with the application for registration are the same;
(B) the relevant documents, the contents of the file with the application for registration are the same;
(C) the application for registration is a violation of laws and administrative regulations.
Article XIX of the following circumstances, the real estate registration agency may apply for registration of real estate field View:
(A) housing and other buildings and structures first registration of ownership;
(B) building under construction mortgage registration;
(Iii) due to the loss caused by the cancellation of registration of real estate;
(Iv) registration of real estate agencies believe that the need for other situations in the field of view.
Ownership dispute that may exist or may be involved in the application for registration of others stakes, real estate registration agency may conduct investigations to the applicant and the interested party or unit.
Registration of real estate agency or view the field investigation, the applicant, the respondent shall cooperate.
Article 20 The real estate registration agency shall accept the application for registration within 30 working days III real estate registration procedures, unless otherwise provided by law.
Article XXI Registration of completion of the registration from the time recorded in the realty register.
Registration of real estate agencies to complete the registration, it shall be issued to the applicant of real estate ownership certificate or registration certificate.
Article 22 The application for registration of the following circumstances, the real estate registration agency shall deny registration and inform the applicant in writing:
(A) violation of laws, administrative regulations;
(Ii) the existence of unresolved ownership dispute;
Real property rights (iii) the application for registration exceeds a predetermined period;
(Iv) laws and administrative regulations shall not be registered in other circumstances.
Chapter 4 Registration Information Sharing and Protection
Article 23 Land and resources departments under the State Council shall, jointly with relevant departments to establish a unified real estate registration information management infrastructure platform.
Registration of real estate agencies at all levels should be included in the registration information of a unified real estate registration information management infrastructure platform to ensure real-time sharing of national, provincial, municipal and county levels of registration information.
Article 24 The real estate registration and information about housing and urban construction, agriculture, forestry, marine and other departments for approval information, transaction information, and shall communicate in real-time sharing.
Registration of real estate agencies to share information obtained through real-time exchange, shall not require the applicant to submit real estate registration.
Article 25 Land and Resources, public security, civil affairs, finance, taxation, industry and commerce, finance, audit, statistics departments should strengthen the exchange of real estate registration information sharing.
Article 26 The registration of real estate agencies, real estate registration information sharing units and their staff should be on real estate registration information confidential; real estate registration information involving state secrets, should take the necessary security measures in accordance with law.
Article 27 The rights of people interested person may lawfully query, data copy of real estate registration, real estate registration agency shall provide.
Relevant national authorities may, in accordance with laws, administrative regulations queries, replication and investigation matters related to real estate registration information.
Article 28 The real estate registration information query units and individuals should explain the purpose of registration of real estate agencies query, the query of real estate registration information shall not be obtained for any other purpose; without the consent of the rightholder shall not disclose the real estate registration information obtained by the query.
Chapter V Legal Liability
Article 29 The real estate registration office registration errors harm to others, or the party provides false materials for registration of damage caused to others, liability in accordance with the provisions of "People's Republic of China Property Law".
Article 30 The real estate registration agency staff false registration, destroyed, forged in the realty register, unauthorized modification registration matters, or any other abuse of authority, dereliction of duty behavior, shall be punished; harm to others, it shall be liable for compensation ; constitute a crime, be held criminally responsible.
Article 31 forged or altered certificate of ownership of real estate, real estate registration certificate, or the sale, use of forged or altered certificate of ownership of real estate, real estate registration certificate shall be confiscated by the real estate registration agency or public security organs according to law; illegal income, confiscate the illegal income; harm to others, it shall be liable for compensation; constitutes a violation of public security administration, he shall be given administrative punishment; constitute a crime, be held criminally responsible.
Article 32 The registration of real estate agencies, real estate registration information sharing units and their staff, real estate registration information query entity or individual in violation of state regulations, disclosure of real estate registration information, registration information, or the use of real estate registration information, registration information fraudulently activities, harm to others, it shall be liable for compensation; relevant responsible persons shall be punished; relevant responsible persons constitutes a crime, be held criminally responsible.
Chapter VI Supplementary Provisions
Article 33 of various types of real estate ownership certificate issued prior to the implementation of regulations and law making real estate register remain valid.
Unified registration of real estate during the transitional period, the registration of rural land contract and management rights in accordance with relevant state regulations.
Article 34 of the Regulations Implementing Rules by the Land and resources departments of the State Council jointly with relevant departments.
Article 35 of the Regulations shall be effective March 1, 2015. Before the implementation of the provisions of this Ordinance issued administrative regulations relating to real estate registration with the present regulations inconsistent with the provisions of this Ordinance shall prevail.