Shantou City Housing Registration

Original Language Title: 汕头市房屋登记办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351944.shtml

Shantou city housing registration

    (June 10, 2011 12th session of the Standing Committee of the people's Government of the 82nd, Shantou city considered by announced June 13, 2011 Government of Shantou, the 126th since as of August 1, 2011) Chapter I General provisions

    The first to standardize the registration activities of the housing and maintenance of real estate transaction security to protect the legitimate interests of rights holders, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second, Jinping district, longhu, haojiang district (hereinafter referred to as downtown) houses State-owned and collective land registration and management, application of this approach.

    Article housing registration mentioned in these measures refers to property according to law by the Administrative Department to housing rights and held within the scope of the housing land use rights and other matters shall be recorded, be recorded in the real estate Register Act.

Fourth municipal real estate administration, real estate Executive, as the competent authority in charge of the city's housing administration and registration management directly in charge of housing in the Center City real estate administrative departments of the Agency in the House registration management work.

    Housing registration relating to land registration, accepted by the competent departments of the municipal real estate administration, by the Municipal Department of land administration and the departments of municipal real estate administration, consistent with their respective mandates and the regulations after the audit, to be registered by the municipal real estate administration authority should be recorded in the register of real estate, issuing real estate ownership certificate or registration certificate.

    Fifth City real estate administrative departments shall establish a unified real estate register and registration of information systems.

Sixth alleged herein refers to the register of real estate real estate administrative departments make and manage, used to record the basic housing situation, the housing rights situation registered according to law and other matters of particular books, housing, land ownership, and content based.

Shall be recorded in the register of real estate rights of person's name or title, house numbers, the location, the source, structure, planning applications, building area and nature of land ownership, the right type, duration, purpose, area, four to and respectively, housing restrictions, land rights, registration and so on.

    Use of electronic media in the real estate register, should be able to convert only form, determine the paper medium, and offsite backups on a regular basis.

    Chapter II general provisions

    Seventh House registration shall follow home ownership and housing within the land-rights principles. Eighth House register shall, in accordance with the basic unit.

Basic units of housing means there is a fixed boundary, can be used independently and have a clear and unique number (building number, room number, etc) or specific space for housing. State-owned land within the separate flat, as the basic unit for registration; non-complete sets of houses, building blocks, layers, with fixed boundaries, such as between parts as the basic unit for registration.

Villagers ' housing collective land, a separate building on the Homestead for registration the basic unit; a total of Homestead village houses to be built on in order, with fixed boundaries, such as between parts as the basic unit for registration.

    Non-housing housing blocks, layers, sets, with fixed boundaries, such as between part of the register is the basic unit.

Article Nineth housing registration, in accordance with the following procedures:

(A) the application;

(B) is inadmissible;

(C) audits;

(D) record in the register of real estate;

(E) issuing real estate ownership certificate or registration certificate.

    Real estate administrative departments through public offerings in the city newspapers or real estate administrative departments administrative site registration notice notice period of 5th; notice expires without objection or opposition is not established, required to be registered.

    Tenth real estate administrative departments should be housing registration will need to submit a list of all materials in its offices for public notification.

11th under any of the following circumstances, registration materials related to real estate administrative departments will be transferred to the Department of land administration of audit opinions issued by the land registry for the registration of:

(A) initial registration and ownership of housing construction or a mortgage registration, registration of land;

(B) ownership transfers, changes, corrections, cancellation, replacement, replacement of registration, land uses, tenure type, use the term change, relating to land registration.

    Circumstances set forth in the first paragraph of this article other than the housing registration relating to land registration, followed by the property Administrative Department receives, together with audit registration. 12th home registration, the applicant shall apply to the real estate administrative departments to submit registration materials.

Registration materials are in foreign languages should be to produce a Chinese translation and Chinese translations of foreign-language material and inconsistencies, the Chinese version shall prevail.

    Applicants should apply for registration materials responsible for the authenticity, legitimacy, effectiveness, not concealing facts or providing false information. 13th home registration, the applicant shall use the name or names.

    The applicant is a natural person, registered name should be consistent with the name on the ID the applicant is a legal person or other organization, registered names should use the legal name or registered name.

Article 14th entrusts an agent to apply for housing, registration, agent shall be submitted to the principal and the agent's identity, the power of attorney; a natural person entrusts an agent to dispose of the housing, the agent shall submit a notarized power of Attorney does not provide, clients and agents should work together to receive housing register site submit proof of identity and sign a power of attorney.

Outside the house owner entrusts an agent to apply for registration of housing, power of attorney shall be in accordance with State regulations for notarization or certification.

    Buyers who signed a contract of sale of commercial housing and real estate Enterprise Agreement delegate registration of real estate development enterprises to apply for housing, real estate development enterprises shall be registered in accordance with the contract to apply for housing.

15th housing rights relating to parties of two or more parties, Parties shall be composed of two or more parties jointly apply for housing registration, except as otherwise provided in this way.

Any of the following circumstances, apply for housing, registration, by the unilateral application by the parties:

(A) the legal construction of housing access to housing rights;

(B) legal instruments in force due to the people's Court, arbitration institution access to housing rights;

(C) by the notary of inheritance or legacy access to housing rights;

(D) registration of changes of circumstances as provided herein;

(V) loss write off housing for housing rights;

(Vi) the right people give up the right to housing;

    (VII) other circumstances as stipulated by laws, rules and regulations.

16th total housing registrations, jointly by the co-owners shall be applied for.

    Shared property changes, you can share applications, but due to the nature or joint owners of shares total changes applied for registration, jointly by the co-owners shall be applied for. 17th the housing of minors registered by their guardians shall be applied for.

    Guardian shall submit evidence of guardian identity materials related to dispose of the housing of minors shall also provide written materials to guarantee the interests of minors.

Article 18th housing registration, real estate administrative departments shall be made in accordance with the following provisions:

(A) application for registration of housing are not covered by this registration area, decisions should be made on the spot inadmissible, and inform the applicant to apply to the real estate administrative departments having jurisdiction;

(B) application error can be corrected on the spot, shall permit the applicant to be corrected on the spot;

(C) the application materials are incomplete or not in compliance with the statutory form, shall at once inform all applicants need to supplement content;

    (D) the application for registration of housing within the registration area, application materials are complete and comply with the statutory format, or correction all application materials submitted as requested by the applicant, shall accept housing applications for registration. Article 19th real estate administrative departments shall examine applications for registration materials, and depending on the application for registration filed for registration if it is the true intention of the applicant, whether the application for registration of housing to total housing, real estate rights holders agree corrections recorded in the register, and registration material needs further investigation of other matters related to ask the applicant or an interested person.

If a decision shall be signed by the person being interrogated to confirm, and archives.

    Real estate administrative departments believe that housing related needs further proof of application for registration, may require the applicant to provide supplementary material.

20th for the following housing registration, real estate administrative departments should see:

(A) initial registration of housing ownership;

(B) construction of mortgage registration;

(C) the cancellation of registration of housing ownership due to a housing loss;

(D) the Housing Division, merger caused housing registration of transfer of ownership or change of registration;

(E) the laws, rules and regulations shall see other housing registration.

    Real estate administrative departments when viewed on the ground, the applicant shall meet.

21st housing registration application complies with the following conditions, real estate administrative departments shall be registered, will apply for registration should be recorded in the register of real estate:

(A) recorded in the materials submitted by the applicant and in accordance with the main line;

(B) the application for initial registration of housing and the applicant to submit plans, construction permit materials records, or apply for registration of other houses and recorded in the register of real estate;

(C) contents of the application for registration and the facts on the evidence;

(D) application to be registered and recorded in the real estate register houses, land rights conflicts;

    (E) the registration as provided herein does not exist. 22nd real estate administrative departments before the application for registration should be recorded in the register of real estate, the applicant may withdraw the registration application.

    Withdrawal of applications should be made in writing.

23rd one of the houses under the following circumstances an application for registration, real estate administrative departments shall not be registered:

(A) without obtaining planning permission, building permits or were not built in accordance with planning permission;

(B) acceptance or filing of the construction project, but except for the registration of construction;

(C) without lawful and valid proof of ownership origin;
(D) the right to apply for registration and ownership of source documents is inconsistent;

(E) applying for registration and recorded in the register of real estate matters of conflict, but recorded in the register of real estate have been identified except for correction of registration errors;

(F) the ownership of any controversy or dispute has not been resolved;

(VII) not specified or does not have an independent value or to temporary buildings;

(VIII) is imposed by law, the confiscation, the original right holder applying for registration;

(I) been sealed during the right to limit or to the legal form, the right holder applying for registration;

(10) other circumstances as stipulated by laws, rules and regulations.

Registration housing using Homestead built by the villagers ' houses, national, provincial and municipal planning and management, construction management, acceptance or filing management of the special provisions of the preceding paragraph of this article shall not apply to (a) and (b) provided. Real estate administrative departments shall not be registered, shall inform the applicant in writing reasons for registration, and returned to the applicants submitted applications for registration materials.

    Not registered or eliminate, the applicant can re-apply for registration.

Article 24th House, one of the following circumstances, registered by the real estate administrative departments directly:

(A) housing managed by the real estate administrative departments according to law;

(B) the people's Court without the House of the Lord;

(C) nationalized housing by judgments;

(D) being forfeited to the State House.

    The preceding paragraph of this section (b), (c), (d) the provision of housing, by law a decision or the confiscation decision authority notifies the property register directly by the Administrative Department.

25th property Administrative Department shall receive housing from the date of application for registration, in accordance with the following time limits, will apply for registration should be recorded in the real estate register or make a registration decision:

(A) within the scope of State-owned land property ownership registration, 30 working days, within the scope of collective land ownership register, 60 working days;

(B) the registration of mortgages, easements, and ten working days;

(C) advance registration, correction of registration, ten working days;

(D) the renewal, replacement of real estate ownership certificates, registration certificates, and ten working days;

(E) registration, seal registration, one business day.

    Time limits prescribed in the preceding paragraph of this article, not including the announcement time, the land administrative departments to check content of the land register time nuclear as well as the tax authorities levy (exemption) for tax time. 26th real estate administrative departments should be according to the register of real estate records, write and distribute real estate ownership certificate or registration certificate.

Promotion of real estate ownership certificates to configure encryption, anti-forgery measures.

Registration of real estate ownership certificates and proved to be the right people to housing, land rights certificates.

    Register of real estate ownership certificates, registration certificates and real estate records are inconsistent unless there is evidence that there are errors in the register of real estate, the real estate register shall prevail.

Initial registration article 27th commodity housing ownership in real estate after being recorded in the register, real estate administrative departments according to the basic units of housing available to issuance of registration certificate of real estate development enterprises.

Non-commodity housing ownership initial registration matters in real estate registration book SHANG be records Hou, belongs to cases ground all housing and the supporting facilities has built of, by property administrative competent sector issued real estate warrants; belongs to cases ground part housing and the supporting facilities has built of, by property administrative competent sector issued only records housing registration content of real estate warrants, and land administrative competent sector issued of State-owned land using card or collective land using card tie using.

    Mortgage registration, registration of easements or construction mortgage registration and registration matters in real estate after being recorded in the register, the Department of real estate administration real estate he issued the warrants or the construction mortgage registration certificate, and the real estate registration certificate.

28th real estate ownership certificate, registration certificate damaged or ownership certificate of real estate has been updated, you can apply to the real estate administrative departments issue, and submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) the original real estate ownership certificate or registration certificate;

(D) the housing floor plans and maps;

(E) other necessary materials.

    Meet the required conditions, real estate administrative departments shall be renewed in a timely manner, and to recover the original real estate ownership certificate or proof of registration, will be recorded in the register of real estate related matters.

Article 29th real estate ownership certificate, registration certificate is lost or destroyed, the right holder shall provide real estate administrative departments reported missing, and published newspapers and magazines published in this city lost or loss statement published in time for the 30th, published without objection or opposition is not established for the period, you can apply for a replacement, and submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) loss or loss statement notice published newspapers;

(D) the housing floor plans and maps;

(E) other necessary materials. Meet the required conditions, real estate administrative departments shall be reissued, and details should be recorded in the register of real estate.

Replacement certificate of real estate ownership, shall be indicated on the registration certificate "issued retrospectively".

    Real estate administrative departments of replacement housing within the context of collective land real estate ownership certificates, prior to registration, should be carried out in collective economic organizations, where the notice announcement.

    30th Court in the implementation of the case cannot be made in real estate ownership certificates, registration certificates, real estate administrative departments of the people's courts the legal instruments in force in real estate administrative departments-Government websites set aside statement.

    31st home registration, the applicant shall pay the registration fee in accordance with the relevant provisions of the State charges.

    Chapter III registration of ownership

32nd due to initial registration of legally built homes to apply for home ownership, shall submit the following materials:

(A) the application;

(B) identification of the applicant;

(Iii) land-use right certificate; old city reconstruction project land of unregistered certification shall be submitted to the official approval of the implementation plan of the old city reconstruction project documents, planning plans and land administrative departments of the red line of the approval documents;

(D) proof of the construction works to the town and country planning, building permits;

(E) construction and acceptance or filing of the certificate;

(Vi) use of land issued by the administrative departments of land identification documents

(VII) house number certificate;

(H) housing survey results report;

(IX) other necessary materials.

    Application registration of housing belongs to using Homestead built of villagers housing, national, and province and city in planning management, and construction management, and completed acceptance or record management, aspects on its has special provides of, applicants can not submitted this article Qian paragraph subsection (four) items and subsection (five) items provides of proved material, but property administrative competent sector can according to the special provides requirements applicants submitted corresponding of proved material.

Article 33rd initial registration using Homestead built the villagers ' housing to apply for home ownership, applicants are members of the House seat of rural collective economic organizations shall be presented proof.

Use of collective-owned construction land building initial registration apply for home ownership, shall be submitted to the villagers agreed or agreed by the villagers ' representatives authorized by the villagers of proof. Real estate administrative departments to accept collective land ownership in the context of the initial registration shall apply for registration within the rural collective economic organizations, where the housing announcement.

    Notice without objection or opposition is not established before they can be registered.

    Article 34th when real estate development enterprise applications for the initial registration of housing ownership of goods, shall be confirmed by the town and country planning department within the building zone belongs to all the owners of public places and public facilities and property management services as well as other houses in a joint application for registration, by real estate executive authorities shall be recorded on the register of real estate, not issuing real estate ownership certificates.

35th due to any of the following circumstances led to the registration of ownership transfer, shall, on the relevant legal instruments or the fact that after the entry into force, applications for home ownership transfer registration:

(A) sale;

(B) interchangeable;

(C) gifts;

(D) succession or legacy;

(E) allocation, and analysis of production;

(F) housing investment for shares;

(VII) the Housing Division, merged;

(H) the Division or merger of legal persons or other organizations;

(IX) the people's Court or an arbitration institution for the entry into force of legal instruments;

    (10) other circumstances as stipulated by laws, rules and regulations.

Article 36th home ownership transfer registration, the following documents shall be submitted:

(A) the application;

(B) identification of the applicant;

(C) real estate ownership certificates;

(D) prove home ownership transfer of materials;

(E) housing floor plans and maps;

    (Vi) other necessary materials. 37th within the scope of application for housing home ownership transfer registration shall submit documentation of villagers ' Committee or the rural collective economic organization agrees to transfer.

The assignee does not belong to houses where members of the rural collective economic organizations, unless otherwise provided by laws and regulations, real estate administrative departments refuse to register.

    Within the scope of application of collective-owned construction land ownership transfer registration, shall be submitted to the villagers agreed or agreed by the villagers ' representatives authorized by the villagers of proof.

    Article 38th on the mortgage during the home ownership transfer registration of the application, shall submit the mortgagee identification, the mortgagee agrees mortgage housing transfer written documents, he right certificate.

39th coming into force due to the people's Court or an arbitration institution of legal instruments, legal housing, inheritance or bequest to acquire building ownership, right to transfer ownership of the House or when the mortgaged houses, housing registration according to law should be given to the obligee after the name, repeat the House registration of transfer of ownership or registration of mortgage.
Legal instrument in force due to the people's Court or an arbitration institution to acquire building ownership, requiring real estate administrative departments of people's Court to assist in the implementation of notice registration, real estate administrative departments shall be dealt with according to law, with conditions for registration shall be recorded in the register of real estate based on the people's Court or an arbitration institution of legal instruments in force shall be registered; does not have the conditions for registration, it shall promptly notify the Court.

    40th under any of the following circumstances but are not registered property ownership transfer, shall, on the relevant legal instruments or the fact that after the entry into force, apply for registration of ownership changes:

(A) the owner's name and the change of housing;

(B) housing located Street, house number or House name change;

(C) the housing or land use changes;

(D) housing or land area increased or decreased;

(E) same owner segmentation, merging the housing;

    (Vi) other circumstances as stipulated by laws, rules and regulations.

41st home ownership change registration shall submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) real estate ownership certificates;

(D) proof changes the fact that material;

(E) housing floor plans and maps;

    (Vi) other necessary materials.

42nd under any of the following circumstances shall apply for cancellation of registration of housing ownership after the fact:

(A) the loss of housing;

(B) the housing owners to give up ownership of;

    (C) other circumstances as stipulated by laws, rules and regulations.

43rd housing cancellation of registration the applicant shall submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) real estate ownership certificates;

(Iv) evidence that the housing material loss;

(E) other necessary materials.

    Apply for cancellation of registration for house owners to give up ownership, but housing his right shall also provide written approval from the right.

    Eliminate 44th registered home ownership but did not apply for cancellation of registration, real estate administrative departments can be based on the people's Court, arbitration institution of effective legal instruments or is imposed by the entry into force of the people's Government decided to cancel its registration, the cancellation should be recorded in the register of real estate, aside the original ownership certificate of real estate to recover or bulletin.

    The fourth chapter registration of mortgage

    45th to housing or construction mortgage right mortgage of maximum amount shall apply for registration of mortgage.

46th mortgage registration the applicant shall submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) real estate ownership certificate or construction in the land ownership certificates, construction project planning permit, permit for construction materials;

(D) the mortgage contract;

(E) the principal contract;

(Vi) the mortgagee has the right to set real estate mortgage documents;

(G) housing, land valuation report or determined in consultation between the parties written agreement, the value of land for housing;

    (VIII) other necessary materials.

47th applied for registering the mortgage of one of the following circumstances, except as provided in this article 46th on the material, the corresponding supporting materials shall be submitted according to the following provisions:

(A) within the scope of collective-owned construction land houses or mortgages on projects under construction, submitted to the villagers of the collective economic organization more than two-thirds members or two-thirds over the villagers ' representatives agreed that mortgage documents;

(B) limited liability companies, joint stock companies such as housing or mortgages on projects under construction, documents submitted to the Board of directors or the general meeting of shareholders agreed with the mortgage;

(C) in order to be registered as joint tenancy or undivided co-ownership housing or mortgages on projects under construction, submit documentation of consent of the other co-owners mortgage;

(D) mortgage of maximum amount of pre-establishment of creditor's rights into the scope of the mortgage guarantee, submitted the registration of contract or other claims already exists evidence of sufficient reason, as well as the mortgage people already exists with the consent of the creditor's rights into maximum mortgage guarantees written material;

    (E) mortgage contracts made abroad, and submit the certificate of notarization or authentication.

48th mortgage housing or construction in progress within the land belongs to transfer, preferential assignment obtained, should be approved by the Department of land administration agreed and approved disposition should pay the price when the amount of parties when applying for mortgage registration shall provide appropriate documentation.

    Mortgage housing or construction in State-owned (collective) assets shall comply with State-owned (collective) relevant provisions of asset management; when the party applying for registration of mortgage shall provide appropriate documentation.

49th property registered with the administrative department granting mortgages, should be recorded in the register of real estate in the following matters:

(A) bonded parties, the debtor's name;

(B) the amount of the secured claim, debt discharge period;

(C) the registration time.

    Right to grant registration of mortgage of maximum amount, in addition to the matters listed in the preceding paragraph of this article, a real estate administrative departments should also be the maximum amount of claims, and recorded in the register of real estate during the term, and recorded it as the highest amount of mortgage.

50th article 49th herein listed items change, or laws, regulations, rules and regulations change mortgage in other circumstances, registration of alternation shall be applied for mortgages, and submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) real estate ownership certificate or certificates and encumbrance of real estate registration certificate;

(D) the mortgagor and the mortgagee change the written agreement of mortgage;

(E) other necessary materials.

Mortgage party, the debtor's name or name change, or mortgage housing and construction is located in streets, building an application to change the required for the preceding paragraph of this section (iv) provision of material.

    Application for registration of mortgage of maximum amount changes, should also be submitted to mortgage of maximum amount secured claims evidence has not been determined.

51st registered mortgage by transfer of the principal claim and shall apply for registration of mortgage transfers, and submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) real estate ownership certificate or certificates and encumbrance of real estate registration certificate;

(D) the mortgage transfer documents;

(E) other necessary materials.

    Application for registration of mortgage of maximum amount transferred, shall also submit the maximum mortgage creditor's evidence has not been determined. 52nd highest amount of mortgage-backed bonds until the transferred part of the claims of creditors, except otherwise agreed by the parties, real estate administrative departments shall not transfer the right to apply for the mortgage register.

    Contract of mortgage of maximum amount transferred with the transfer of part of the claim and should be identified after registration at the time of maximum amount mortgage, mortgage rights transfer of registration.

53rd due to one of the following situations cause the registered mortgage right shall apply for mortgage cancellation of registration:

(A) the principal debt elimination;

(B) the mortgage had been achieved;

(C) the mortgagee abandon the mortgage right;

    (D) the laws, regulations, rules and regulations of mortgage elimination in other circumstances.

54th mortgage cancellation of registration of the application, the following documents shall be submitted:

(A) the application;

(B) identification of the applicant;

(C) real estate ownership certificate or certificates and encumbrance of real estate registration certificate;

(D) has proven mortgage elimination of material;

    (E) other necessary materials.

55th registered its highest amount of mortgage debt secured by determined, the applications for registration of mortgage of maximum amount determined, shall submit the following materials:

(A) the application for registration;

(B) identification of the applicant;

(C) certificate of real estate ownership certificates and encumbrance of real estate;

(D) claims secured by mortgage of maximum amount identified supporting documents;

    (E) other necessary materials.

56th real estate administrative departments granting registration of mortgage of maximum amount determined, should be of maximum amount mortgage creditor's has determined that the facts recorded in the register of real estate.

    Agreement by the parties or the people's Court, arbitration institutions the legal instruments in force to determine the amount of claims, real estate administrative departments may, in accordance with the application of a party will claim the amount the parties determine the facts recorded in the register of real estate.

57th after the completion of a construction project when applying for the initial registration of housing ownership, construction mortgage relationship has not been terminated, the Parties shall apply for registration of mortgage of construction to register with the housing mortgage.

    Real estate administrative departments shall at the time of initial registration of real estate, the details should be recorded in the register of real estate, back drop construction mortgage registration certificates, issued property encumbrance certificate.

    The fifth chapter registration of easements

Article 58th House established on the application for registration of an easement an easement, shall submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) an easement contract;

(D) real estate ownership certificates;

    (E) other necessary materials.

    59th real estate administrative departments granting registration of an easement, related matters should be documented in the desired service and register of the servient estate, and can be attached to the contract for easement an easement and the real estate register service.

60th enrolled alteration, transfer or extinction of an easement shall apply for an easement alteration registration, transfer registration, cancellation of registration, and submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) certificate of real estate ownership certificates and encumbrance of real estate;

(D) that easement, transfer or termination of a material change;

    (E) other necessary materials.

    The sixth chapter registration

61st under any of the following circumstances, a party may apply for registration:

(A) the commercial housing purchased;

(B) commercial housing purchased the mortgage;

(C) the transfer of ownership and mortgages;

    (D) other circumstances as stipulated by laws, rules and regulations.

62nd without the written consent of the owner of the registration, notice of disposition of registration application for registration of housing, real estate administrative departments shall not handle.
After registration, claims the eradication of housing or can accordingly within 90 days from the date of registration, the party applying for registration of housing, real estate administrative departments shall be registered in accordance with the corresponding registration matters; the party is not required to apply for the housing register, failure of registration, cancellation of registration by the real estate Executive authority.

    63rd pre-sale and after the buyer signed a contract of sale of commercial housing, booking people within the agreed time and in advance applicants for registration, or not in accordance with the potential buyer who apply for registration, the purchaser may apply unilateral registration.

64th articles applied for commercial housing purchased the registration, the following documents shall be submitted:

(A) the application;

(B) identification of the applicant;

(C) register the sales contract;

(D) on registration of notice agreed by the parties;

(E) other necessary materials.

    Advance a unilateral application for commercial housing purchased registration, booking and advance registration in a sales contract with terms and conditions, the purchaser shall submit the corresponding proof materials.

65th registration of commercial housing purchased after the initial registration of ownership, sale is not specified or agreed time and purchaser apply for registration of transfer, or not in accordance with the order who apply for registration of transfer, the purchaser may apply unilateral transfer of registration, and submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) commercial housing purchased registration certificates;

(D) proof of delivery;

    (E) other necessary materials.

Section 66th of commercial housing purchased the mortgage registration, the following documents shall be submitted:

(A) the application;

(B) identification of the applicant;

(C) commercial housing purchased registration certificates;

(D) on registration of notice agreed by the parties;

(E) the mortgage contract;

(Vi) the principal contract;

(VII) other necessary materials.

Of commercial housing purchased without registration, not for commercial housing purchased the registration of mortgage.

    Registration of commercial housing purchased mortgage and mortgage relationship has not been terminated, the Parties apply for ownership transfer registration, should also apply for the conversion of commercial housing purchased the mortgage registration registration of mortgages; real estate administrative departments shall at the time of registration procedures for ownership transfer, the details should be recorded in the register of real estate and drop registration certificates, issued property encumbrance certificate.

67th home ownership transfer registration, the following documents shall be submitted:

(A) the application;

(B) identification of the applicant;

(C) ownership transfer contract for housing;

(D) transfer of ownership certificate of real estate;

(E) on registration of notice agreed by the parties;

    (Vi) other necessary materials.

68th home mortgage registration, the following documents shall be submitted:

(A) the application;

(B) identification of the applicant;

(C) the mortgage contract;

(D) the principal contract;

(E) real estate ownership certificates or notices of ownership transfer registration certificate;

(Vi) on registration of notice agreed by the parties;

    (VII) other necessary materials.

Apply for cancellation of registration article 69th, shall submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) the registration certificate;

    (D) registration terminated according to law on housing rights or invalidation of registration documents.

    The seventh chapter registration

70th right holders, interested parties consider real estate register records are wrong, can apply for the correction of the registration, and submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) the material proved that errors are recorded in the register of real estate;

(D) other necessary materials.

    Application for correction of the registration of the matters concerning the rights of third homes, rights of the person concerned shall jointly apply.

One of the 71st under any of the following circumstances, real estate administrative departments should be corrected, and matters related to registration will be recorded in the register of real estate:

(A) the written consent of the rights recorded in the register of real estate correction, and recorded in the register of real estate matters is definitely incorrect;

    (B) the person recorded in the register of real estate rights disagreed with correction, but have the executive authorities, people's Court, the arbitration institution to a legally binding documents to prove ownership of the real estate registration book is definitely incorrect. 72nd real estate administrative departments found errors recorded in the real estate register, shall notify the relevant rights holders within the deadline for correction of the registration.

    Right holders without due cause fails to handle the correct registration and records errors related to housing rights in the register of real estate ownership and contents, real estate administrative departments can be based on the original application for registration materials or effective legal documents on the real estate register of corrected records and notify the parties in writing.

    73rd rights recorded in the register of real estate people deal with housing rights during the correction of the registration application for registration, but records errors related to housing rights in the register of real estate ownership and contents, real estate administrative departments shall defer processing.

    74th article interest relationship people think real estate registration book of records errors, and real estate registration book records of right people not agreed corrections, and interest relationship people cannot submitted administrative organ, and Court, and arbitration institutions has occurred legal effectiveness of file proved real estate registration book of records does have errors of, interest relationship people can application objections registration, and submitted applications, and applicants ID ming, and applicants and the registration matters exists legal Shang interest relationship of proved material, and real estate registration book records errors of proved file, material.

    75th property Administrative Department accepting registration, objections shall be recorded in the register of real estate.

76th rights recorded in the register of real estate people deal with housing rights to apply for registration during the registration, real estate administrative departments shall defer processing.

    Recorded in the register of real estate matters people deal with housing rights to apply for registration of the rights recorded in real estate before you register, apply for registration of the third party, real estate administrative departments should stop handling people dispose of the housing rights of registration application and notify the applicant in writing.

77th registration applicant shall from the date of the dissidence registration in the 15th, submitted to the real estate administrative departments of litigation or arbitration request was admissible evidence; not available, failure of registration, cancellation of registration by the real estate administration authority.

Registration during the registration the applicant drew attention to the litigation, arbitration, people's Court, the arbitration body shall not accept or dismiss their litigation, arbitration requests, registration applicant housing recorded in the register or the right holder may apply for cancellation of registration.

    After the registration is cancelled, the original applicant of the same reasons apply for registration again, real estate administrative departments shall not accept it.

    78th Court, arbitration institution of effective legal instruments to determine housing rights or rights not consistent with the situation of the rights recorded in the real estate register, real estate administrative departments shall, in accordance with the party's application or the relevant legal instruments, the corresponding registration.

79th under any of the following circumstances, real estate administrative departments to revoke the original housing registration, return or notice aside real estate ownership certificates, registration certificates, but except for housing rights acquired in good faith for others:

(A) the judiciary, administrative bodies, arbitration institutions legally effective documents to conceal real, submitted false materials and other illegal means to obtain housing registration;

    (B) ownership of source documents submitted by the parties were cancelled or confirmed as invalid.

80th property received by the Administrative Department of justice organs, administrative organs in accordance with the seal or restrict the right to housing to assist in the implementation of instruments, shall assist in the implementation of the instruments set out matters and start and end time to handle the seizure of registration and matters related to registration will be recorded in the register of real estate.

    Real estate administrative departments in assisting the judicial authorities, administrative authorities sealed up registration, no entity of the effective legal instruments and assist in the implementation of instruments review errors that entry into force of legal instruments, reviews recommendations to the judicial and administrative authorities.

81st under any of the following circumstances, real estate administrative departments shall nullify the seizure of registration and recorded in the register of real estate:

(A) the seizure of registration has expired, sealed up registration failure;

    (B) the judicial or administrative authorities lifted restrictions, or are required by law to lift the restrictions.

    Eighth chapter real estate register query

82nd right holders, interested parties can apply to query for information recorded in the register of real estate.

    Apply query for information recorded in the register of real estate, real estate administrative departments should be provided with valid proof of identity, the right or an interested look up real estate ownership documents, the certificate number or the real estate is located, and fill in the application form.

83rd article has any of the following circumstances, real estate administrative departments may not provide query, and shall inform the applicant does not provide a reason for query:

(A) application query property is not within the registration area;

(B) for the contents of the query exceeds the specified query;

(C) shall not query other circumstances.

    Except as provided in the preceding paragraph of this section, real estate administrative departments should provide query service.

    84th real estate administrative departments and their staff shall keep secret the contents of register of real estate and real estate register without changing the query scope.

    Nineth legal liability

    85th unlawful reproduction, forged or altered certificate or proof of registration of real estate ownership, or use of illegally printed, forged or altered certificate or proof of registration of real estate ownership, by real estate administrative departments to be collected; constitutes a crime, criminal responsibility shall be investigated according to law.

    86th errors, false materials submitted by the applicant to apply for housing registration, and cause damage to others shall bear the corresponding legal responsibility.

    87th real estate administrative departments and their staff in violation of these regulations provides for housing registration, harm is done to others, the Department of real estate administration bear the corresponding legal responsibility; real estate administrative departments bear responsibility for compensation, to staff registration error caused by intentional misconduct or gross negligence, is entitled to recover.

88th housing Administrative Department staff to one of the following acts shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) alter, damage, falsification of register of real estate;
(B) does not meet the conditions for registration applications for registration be registered;

(C) unable to reason, to meet the conditions for registration the registration application is not registered, or not be registered in accordance with the time limits;

    (D) neglect, abuse, deception.

    The tenth chapter by-laws

    89th independent value of a particular space and docks, depots and other buildings and structures of the registration, you can refer to these measures.

    90th before the implementation of these measures, authorized by the people's Governments and their departments concerned in accordance with its housing registration executive decisions taken on administrative permission law, housing registration formalities can be used as a basis for unregistered housing left over from history, according to the relevant policy regulations.

    91st article chenghai, Chaoyang District, Chao nan and Nan ' ao County housing registration in accordance with the measures implemented. 92nd these measures come into force on August 1, 2011. Released July 6, 2000 Government of Shantou, 42nd in the Shantou special economic zone measures on administration of registration of mortgage of land repealed simultaneously.