Attached is the Provisional Regulations on the Registration of Real Estate.
Chapter I General Provisions
Article 1 In order to integrate the duties of real estate registration, standardize the registration behavior, facilitate the people to apply for registration, and protect the legitimate rights and interests of obligees, these Regulations are formulated in accordance with the Property Law of People's Republic of China (PRC) and other laws.
Article 2 The term "real estate registration" as mentioned in these Regulations refers to the act that the real estate registration agency records the ownership of real estate rights and other legal matters in the real estate register according to law.
The term "immovable property" as mentioned in these Regulations refers to land, sea areas, houses, trees and other fixed objects.
Article 3 These Regulations shall apply to the first registration, alteration registration, transfer registration, cancellation registration, correction registration, objection registration, advance notice registration and seizure registration of real estate.
Article 4 The State practices a unified registration system for real estate.
Real estate registration follows the principles of strict management, stability and continuity, and convenience for the masses.
The real estate rights enjoyed by real estate owners according to law shall not be affected by changes in registration institutions and procedures.
Article 5 The following immovable property rights shall be registered in accordance with the provisions of these Regulations:
(1) collective land ownership;
(2) Ownership of buildings and structures such as houses;
(3) Ownership of forests and trees;
(four) the right to contract the management of cultivated land, forest land and grassland;
(five) the right to use the construction land;
(six) the right to use the homestead;
(7) the right to use sea areas;
(8) Easement;
(9) mortgage right.
(ten) other real estate rights that need to be registered according to law.
Article 6 The competent department of land and resources of the State Council is responsible for guiding and supervising the national real estate registration.
The local people's governments at or above the county level shall designate a department as the real estate registration institution within their respective administrative areas, which shall be responsible for the real estate registration and accept the guidance and supervision of the real estate registration department of the people's government at a higher level.
Seventh real estate registration by the people's government at the county level where the real estate is located.
Real estate registration agency; The people's governments of municipalities directly under the central government and cities divided into districts may determine the real estate registration agencies at the same level to uniformly handle the real estate registration in their respective jurisdictions.
Real estate registration across county-level administrative regions shall be handled by real estate registration agencies across county-level administrative regions respectively. If it cannot be handled separately, it shall be handled through consultation by the real estate registration agency across county-level administrative regions; If negotiation fails, it shall be handled by the real estate registration department of the people's government at the next higher level.
The registration of key state-owned forest areas identified in the State Council, sea areas and islands approved by the State Council and forests, trees and woodlands of state-owned land used by central state organs shall be stipulated by the competent department of land and resources of the State Council jointly with relevant departments.
Chapter II Real Estate Register
Article 8 Real estate registration takes the real estate unit as the basic unit. Real estate units have a unique code.
The real estate registration institution shall set up a unified real estate register in accordance with the provisions of the competent department of land and resources of the State Council.
The real estate register shall record the following items:
(a) the location, boundary, spatial boundary, area, use and other natural conditions of the real estate;
(two) the subject, type, content, source, duration, change of rights and other ownership status of real estate rights;
(3) Matters involving restrictions and tips on real estate rights;
(4) Other related matters.
Article 9 The real estate register shall use electronic media, and paper media may be used if the current conditions are not met. The real estate registration institution shall designate the only legal media form of the real estate registration book.
If electronic media is used in the real estate registration book, it should be backed up in different places regularly, and there is a unique and clear paper conversion form.
Article 10 A real estate registration institution shall accurately, completely and clearly record all the registered items in the real estate register according to law. No one is allowed to damage the real estate register, and no registered items are allowed to be modified except for correction according to law.
Eleventh real estate registration staff should have professional knowledge and professional ability to adapt to the real estate registration work.
Real estate registration agencies should strengthen the management and professional and technical training of real estate registration personnel.
Article 12 The real estate registration institution shall designate a special person to be responsible for keeping the real estate registration book, and establish and improve the corresponding safety responsibility system.
The use of paper real estate registration books shall be equipped with necessary security protection facilities such as anti-theft, fire prevention, anti-pollution and insect prevention.
Real estate registration books using electronic media should be equipped with special storage facilities and take information network security protection measures.
Thirteenth real estate registration books shall be kept permanently by the real estate registration agencies. If the real estate registration book is damaged or lost, the real estate registration institution shall rebuild it according to the original registration materials.
If the administrative area changes or the functions of the real estate registration agency are adjusted, the real estate registration book shall be handed over to the corresponding real estate registration agency in time.
Chapter III Registration Procedures
Article 14 Where an application for real estate registration is made for sale or mortgage, both parties shall apply at the same time.
In any of the following circumstances, the parties may apply unilaterally:
(a) unregistered real estate for the first time to apply for registration;
(2) Inheriting or accepting bequests to acquire real estate rights;
(three) the legal documents of the people's court and the arbitration commission or the decisions of the people's government.
The establishment, alteration, transfer or extinction of real estate rights;
(four) the name, ownership or natural conditions of the obligee have changed, and the application for registration of change has been made;
(five) the loss of real estate or the right holder to give up real estate rights and apply for cancellation of registration;
(six) to apply for registration of correction or objection;
(seven) other circumstances stipulated by laws and administrative regulations that can be unilaterally applied by the parties.
Fifteenth parties or their agents shall apply for real estate registration at the office of the real estate registration agency.
The real estate registration agency records the application for registration in front of the real estate register, and the applicant may withdraw the application for registration.
Article 16 An applicant shall submit the following materials and be responsible for the authenticity of the application materials:
(1) Application for registration;
(two) the identity documents and power of attorney of the applicant and the agent;
(three) the relevant certification materials of the source of real estate ownership, the certification documents of the reasons for registration and the certificate of real estate ownership;
(4) Property boundary, space boundary, area and other materials;
(5) A statement on the interests of others;
(six) other materials as prescribed by laws, administrative regulations and the detailed rules for the implementation of these regulations.
The real estate registration institution shall publicly apply for registration in the office and portal website, including the material catalogue and model text.
Seventeenth real estate registration agencies shall, after receiving the application materials for real estate registration, deal with the following situations respectively:
(a) the application materials are complete and conform to the statutory form, or the applicant submits all the corrected application materials as required, it shall accept and inform the applicant in writing;
(2) If there are errors in the application materials that can be corrected on the spot, it shall inform the applicant to correct them on the spot, and after the applicant corrects them on the spot, it shall accept and inform the applicant in writing;
(3) If the application materials are incomplete or do not conform to the statutory form, it shall inform the applicant in writing on the spot that it will not be accepted, and inform all the contents that need to be corrected at one time;
(4) If the application for real estate registration does not fall within the registration scope of this institution, it shall inform the applicant in writing on the spot that it will not be accepted, and inform the applicant to apply to the institution with registration right.
If the real estate registration agency fails to inform the applicant in writing on the spot that it will not accept the application, it shall be deemed to be accepted.
Article 18 When accepting an application for real estate registration, a real estate registration institution shall conduct inspection according to the following requirements:
(a) whether the boundary, spatial boundary, area and other materials of the real estate are consistent with the status of the real estate applied for registration;
(two) whether the relevant certification materials and documents are consistent with the contents of the application for registration;
(3) Whether the application for registration violates the provisions of laws and administrative regulations.
Nineteenth in any of the following circumstances, the real estate registration agency may conduct on-the-spot inspection of the real estate applying for registration:
(a) the ownership of buildings and structures such as houses is registered for the first time;
(2) Registration of mortgage rights of buildings under construction;
(3) Cancellation of registration due to loss of real estate;
(four) other circumstances that the real estate registration agency considers necessary for on-site inspection.
The real estate registration institution may make an investigation to the applicant, interested parties or relevant units on the registration application that may have ownership disputes or may involve the interests of others.
When the real estate registration agency conducts on-the-spot inspection or investigation, the applicant and the respondent shall cooperate.
Article 20 The real estate registration institution shall complete the real estate registration procedures within 30 working days from the date of accepting the application for registration, unless it is otherwise provided by law.
Twenty-first registered items shall be registered when recorded in the real estate register.
Upon completion of registration, the real estate registration agency shall issue the certificate of ownership of real estate or registration certificate to the applicant according to law.
Twenty-second application for registration in any of the following circumstances, the real estate registration agency shall not register, and notify the applicant in writing:
Violation of laws and administrative regulations;
(2) There are unresolved ownership disputes;
(three) the application for registration of real estate rights exceeds the prescribed time limit;
(4) Other circumstances in which the registration is not allowed according to laws and administrative regulations.
Chapter iv enjoyment and protection of registered information
Article 23 The competent department of land and resources of the State Council shall, jointly with relevant departments, establish a unified basic platform for real estate registration information management.
The information registered by real estate registration agencies at all levels should be incorporated into a unified basic platform for real estate registration information management to ensure the real-time sharing of registration information at the national, provincial, municipal and county levels.
Twenty-fourth real estate registration information and housing and urban and rural construction, agriculture, forestry, marine and other departments of the examination and approval information, transaction information should be shared in real time.
Real estate registration agencies can enjoy the information obtained through real-time communication, and may not require real estate registration applicants to submit it repeatedly.
Twenty-fifth departments of land and resources, public security, civil affairs, finance, taxation, industry and commerce, finance, auditing and statistics. Information exchange and sharing of real estate registration should be strengthened.
Twenty-sixth real estate registration agencies, real estate registration information sharing units and their staff should keep the real estate registration information confidential; Real estate registration information involving state secrets shall be kept confidential according to law.
Twenty-seventh rights holders and interested parties may inquire and copy the real estate registration information according to law, and the real estate registration agency shall provide it.
The relevant state organs may, in accordance with the provisions of laws and administrative regulations, inquire and copy the real estate registration materials related to the investigation and handling of matters.
Twenty-eighth units and individuals who inquire about the real estate registration information shall explain the purpose of the inquiry to the real estate registration agency, and shall not use the real estate registration information obtained by the inquiry for other purposes; Without the consent of the obligee, the obtained real estate registration information shall not be publicly inquired.
Chapter V Legal Liability
Twenty-ninth real estate registration agencies due to registration errors caused damage to others, or the parties provide false materials to apply for registration to others, in accordance with the provisions of the "People's Republic of China (PRC) * * * and China Property Law" shall be liable for compensation.
Article 30 Any staff member of a real estate registration agency who falsely registers, damages or forges a real estate registration book, changes the registered items without authorization or commits other acts of abuse of power or dereliction of duty shall be punished according to law; If it causes damage to others, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 31 Whoever forges or alters a certificate of real estate ownership or a certificate of real estate registration, or buys, sells or uses a forged or altered certificate of real estate ownership or a certificate of real estate registration, shall be confiscated by the real estate registration agency or the public security organ according to law; Illegal income, confiscate the illegal income; If it causes damage to others, it shall be liable for compensation according to law; If it constitutes a violation of public security administration, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 32 Where a real estate registration institution, a unit that enjoys real estate registration information and its staff, a unit or individual that inquires about real estate registration information, in violation of state regulations, divulges real estate registration information and registration information, or uses real estate registration information and registration information to engage in improper activities, thus causing damage to others, they shall be liable for compensation according to law; Punish the relevant responsible personnel according to law; If the person responsible constitutes a crime, he shall be investigated for criminal responsibility according to law.
Chapter VI Supplementary Provisions
Thirty-third before the implementation of these regulations, all kinds of real estate ownership certificates and real estate registration books issued according to law continue to be valid.
During the transition period of unified registration of real estate, the registration of rural land contractual management rights shall be implemented in accordance with relevant state regulations.
Article 34 The detailed rules for the implementation of these Regulations shall be formulated by the competent department of land and resources of the State Council jointly with relevant departments.
Article 35 These Regulations shall come into force on March 1 day, 2065. Where the provisions of administrative regulations promulgated before the implementation of these regulations are inconsistent with those of these regulations, the provisions of these regulations shall prevail.