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Interim Regulations On Registration Of Real Estate

Original Language Title: 不动产登记暂行条例

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People's Republic of China promulgated by Decree No. 656

Promulgated the interim regulations on registration of real estate, as of March 1, 2015.
                             Prime Minister Li keqiang

On November 24, 2014 interim regulations on registration of real estate
  Chapter I General provisions

First registration duties for consolidation, standardized registration, convenient for people to apply for registration, protection of the rights of legitimate rights and interests, in accordance with the People's Republic of China property law and other laws, this Ordinance is enacted.

Real estate registration referred to in article II of this Ordinance refers to registration shall administer real property rights ownership and other legal matters recorded in the real estate Register Act.

Referred to in these regulations real property refers to land and sea areas and houses, trees and other things.

Article first registration, registration, transfer of real estate registration, cancellation of registration, correction of registration, registration, registration, seal registration, application of this regulation.

The fourth State applies a uniform registration system of real estate.

Real estate registration follows the principle of strict management, stable and continuous, convenient to the masses.

The obligee had immovable property shall have the right, and is not affected by the registration authority and registration procedures changed.

Fifth the following real property rights registration in accordance with the provisions of this Ordinance:

(A) the collective ownership of land;

(B) the ownership of houses and other buildings and structures;

(C) the ownership of forests and trees;

(D) land, woodland, grassland and other land;

(E) the right to use construction land;

(F) the Homestead;

(G) the right to use sea areas;

(H) the easement;

(I) the mortgage;

(J) the law requires registration of other real property rights.

The sixth State Council departments in charge of land and resources to guide and supervise the national Estate register.

Local people's Governments at or above the county level should establish a Department for the administration of registration of real estate agency, is responsible for the registration of real estate, and accept the people's Government of the guidance and supervision of the real estate registration Department.

Article seventh registration handled by the County Government of the location of the real estate registration real estate agencies; municipalities, districts can determine the level of the municipal real estate registration agency through the integration of various areas of the real estate registration. Cross-County real estate, real estate registration agency shall be handled separately across the County.

Cannot be handled separately, by real estate agencies handling across the County through consultation, by common local registration authorities designated to handle one level up.

Designated by the State Council's key State-owned forest region of forests, trees and forest land, State Council approved the project with sea and island, Central Government institutions to use State-owned land, such as real estate, land and resources administration, jointly with relevant departments under the State Council.
  Chapter II register of real estate Eighth Realty real estate units as the basic unit for registration.

Real estate unit has a unique code.

Real estate registration agency shall, in accordance with the land and resources department provides for the establishment of unified real property register.

Real estate register shall record the following:

(A) the real property is located, the location and space limits, size, purpose and other natural conditions;

(B) real property rights the subject, type, content, source, duration, change ownership of rights;

(C) matters related to real property rights restrictions, prompting;

(D) other relevant matters. Nineth real estate registration book shall be in electronic media, no conditions, printed media can be used.

Real property registration institutions should make it clear the real estate register sole and legitimate form of media.

Real estate register with electronic media, regular off-site backups, and has a unique, identifying the paper into forms. Tenth Realty registration registered institution shall be accurate, complete, legible and recorded in the real property register.

No person shall damage the real estate register, except corrected registration shall not be modified.

11th real estate registration staff should be commensurate with the registration of real estate expertise and operational capacity.

Staff of the real property registration institutions should be enhanced on registration of real estate management and technical training.

12th real property registration Department shall designate a person responsible for keeping the register of real estate, and establish a sound security system.

Real estate register of paper media, shall be equipped with the necessary security, fire protection, against stains, pests and other security protection facilities.

Real estate register of electronic media, should be equipped with a dedicated storage facilities, and take the information network security protection measures. 13th real estate register by the registration body for permanent retention.

Register of damage to or loss of real property, real estate registration agency shall, in accordance with the original registration renewal information.

Administrative change or adjustment of the real estate registration functions, shall promptly transfer the corresponding registration in the register of real estate agencies.
  Chapter III registration procedures

14th sold, mortgaged, applications for registration shall be conducted by a joint application by the parties.

Belonging to one of the following, by the unilateral application by the parties:

(A) has not been registered the first application for registration of real estate;

(B) inheritance and accept bequests made real property rights;

(C) the legal instruments in force or the people's Government of the people's Court, the Arbitration Committee decision in force, such as the establishment, alteration, transfer, termination of real property rights;

(D) the name, changes in name or the nature of the right, apply for registration of change;

(E) real property lost or abandoned real property rights the rights, apply for cancellation of registration;

(F) the correction of the registration or the registration of the application;

(G) the unilateral application of laws, administrative regulations, the party concerned may in other circumstances.

15th the parties or their agents shall register with the real estate agency offices to apply for registration.

Real estate agencies before applying for registered items recorded in the real property register, the applicant may withdraw the registration application.

16th the applicant shall submit the following documents and be responsible for the authenticity of the application materials:

(A) the application for registration;

(B) the applicant, agent identification materials, a power of Attorney;

(C) relevant sources of real estate ownership documents, proof of reason, real property ownership certificate of registration;

(D) real property parcel boundaries, space, area and so on;

(E) with others interested in explanatory material;

(F) the laws, administrative regulations and to the rules for the implementation of provisions of other materials.

Real estate registration office shall work sites and portal sites required for registration materials catalog and model information.

17th registration agency receiving the application for registration materials, handling should be according to the following circumstances:

(A) belong to the scope of registration duties, application materials are complete and comply with the statutory format, or correction all application materials submitted as requested by the applicant, shall be accepted and shall inform the applicant;

(B) application errors that can be corrected on the spot, shall inform the applicant be corrected on the spot, applicants corrected on the spot, shall be accepted and shall inform the applicant;

(C) the application materials are incomplete or not in compliance with the statutory form, shall inform in writing the applicant inadmissible on the spot and once told to all contents of the supplement;

(D) applications for the registration of immovable property does not belong to the scope of the register, and shall inform the applicant in writing not to accept on the spot and inform the institution of the right of an applicant to be a registered application.

Real estate agency did not immediately inform in writing the applicant inadmissible, considered inadmissible.

18th accepts an application for registration of the real estate registration bodies, inspection shall, in accordance with the following requirements:

(A) real property location and spatial boundaries, area material and registration of real estate are the same;

(B) the relevant documents, files and contents of the application for registration are the same;

(C) whether the application for registration in violation of laws and administrative rules and regulations.

19th belongs to one of the following circumstances, may apply for the registration of real property registration institutions see:

(A) the first registration of ownership of houses and other buildings and structures;

(B) the registration of mortgages for buildings under construction;

(C) the loss led to the cancellation of registration of real estate;

(D) real property registration institutions feel the need to see other cases.

There may be a dispute, or may involve other people interested in registration applications, registration bodies can contribute to the applicant and interested parties and relevant authorities for investigation.

Real property registration institutions to conduct inspection or investigation, the applicant and the person shall cooperate.

20th Realty registered with the registration authority shall accept the application within 30 working days from the date of registration of real estate, except as otherwise provided by law.

21st when the registered items recorded in the real property register to complete the registration.

Real property registration Department to complete the registration, it shall be issuing real estate ownership certificate or proof of registration to the applicant.

22nd registration application has any of the following circumstances, registration agencies shall not be registered, inform the applicant in writing and:

(A) violation of laws, administrative rules and regulations;

(B) pending dispute;

(C) applications for the registration of real property rights in excess of the prescribed time limit;

(D) other circumstances as stipulated by laws and administrative regulations are not registered.
  The fourth chapter registration information sharing and protection

23rd land and resources departments under the State Council shall, jointly with relevant departments to establish a unified registration information management platform.

All levels of registration registration information registration information should be integrated into a unified management platform to ensure that national, provincial, city and County grade registration information sharing in real time.

24th registration-related information and the housing and urban-rural construction, agriculture, forestry, marine and other departments should exchange in real time sharing of information, transaction information.

Real estate registration agency able to share information obtained by each other in real time, real estate registration applicants shall not be required to repeat submission.

The 25th Ministry of land and resources, public security, civil affairs, finance, taxation, business, finance, audit, and statistics departments should strengthen registration of real estate-related information exchange sharing.

26th the real estate registration agency shared units and their staff, registration information registration information should be confidential registration information involving State secrets, it shall take the necessary security measures.

Right holders, interested parties may, in accordance with article 27th query, copy, registration information, real estate registration organ.

The State organs concerned may, in accordance with provisions of laws and administrative rules and queries, copy and investigate and deal with matters relating to the registration of real estate information.

28th query registration information units and individuals should register with the real estate agency that purpose queries, queries to obtain registration information shall not be used for other purposes; without the right holder's consent may disclose registration information query.
  The fifth chapter legal liability

Article 29th registry errors cause damage to others, or damage caused to other parties provided false information to apply for registration, in accordance with the People's Republic of China real right Act liability.

Article 30th false registration real estate registration agency staff, damaged, forged the real estate register, tampering, registration, or other acts of abuse their powers, neglect their duties, shall be subject to punishment and cause damage to others shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.

31st article forged, and variable made real estate ownership certificate, and real estate registration proved, or sale, and using forged, and variable made of real estate ownership certificate, and real estate registration proved of, by real estate registration institutions or police organ law be collection; has illegal proceeds of, confiscated illegal proceeds; to others caused damage of, law bear compensation responsibility; constitute violation security management behavior of, law give security management punishment; constitute crime of, law held criminal.

32nd article real estate registration institutions, and real estate registration information shared units and staff, query real estate registration information of units or personal violation national provides, leaked real estate registration information, and registration information, or using real estate registration information, and registration information for not due activities, to others caused damage of, law bear compensation responsibility; on about responsibility personnel law give disposition; about responsibility personnel constitute crime of, law held criminal.
  The sixth chapter supplementary articles

33rd article this regulation issued prior to the implementation of the law for all types of real property ownership certificates and making real estate register remain valid.

Transitional period in real estate register, registration of contractual operation right of rural land in accordance with the relevant provisions of the State.

34th article of the implementing rules of the regulations enacted by the land and resources administration, jointly with relevant departments of the State Council. 35th article of the regulations come into force on March 1, 2015. This administrative regulations published before the commencement of the registration provisions inconsistent with the provisions of this Ordinance, the provisions of this Ordinance shall prevail.