Luoyang City Housing Management Authority In The Registration Management

Original Language Title: 洛阳市城市房屋权属登记管理办法

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(January 11, 2008 2nd meeting consideration of the people's Government of Luoyang City on February 2, 2008, Luoyang City people's Government promulgated as of March 1, 2008, 97th) Chapter I General provisions article to strengthen the urban house ownership management, standardized House registration, maintaining market order, protect the housing rights of legitimate rights and interests, in accordance with the People's Republic of China on urban real estate administration law and related laws and regulations, combined with the city's actual, these measures are formulated.
    Second this approach applies to the State-owned land within the House registration management.
    Third house registration in these measures refers to property management departments of housing ownership and home ownership mortgage and other housing register his right, confirmed house ownership and housing ownership certificates issued in accordance with law.
    Housing rights in these measures (hereinafter referred to as the right people), refers to the right to home ownership and the housing within the land, housing his legal persons, other organizations, and natural persons.
    Housing rights in these measures the applicant (hereinafter the applicant), means that you have access to the housing and make housing registration applications, but has yet to acquire building ownership certificates to legal persons, other organizations, and natural persons. House ownership certificates in these measures, including the house ownership, the housing of the total, the houses of his warrants.
    House ownership certificates used construction administrative departments under the State Council uniformly made the text.
    Claimed the report referred to surveying and mapping, is a qualification issued by the surveying and mapping agency of real estate survey reports, including house plans, floor plans, sharing floor space allocation scheme, family room area.
    Fourth municipal real estate management sector (hereinafter referred to as registration authority) is responsible for the supervision and administration of city housing management authority in the registration, host city housing management authority in the registration, certification management.
    The County (City) real estate management sector (hereinafter referred to as registration authority) responsible for the area's housing management authority in the registration, certification management.
    Fifth of municipal property management departments shall establish a city-wide integrated housing management authority in the registration book and registration information system, making a unified registration, housing management authority in the registration specification. Ownership of housing is housing ownership and content according to the register. Registration authority shall, in accordance with the technical specifications for house registration and registration requirements of information systems, to record the House registration books, publicity, and issuing house ownership certificate or registration certificate.
    House ownership register managed by the registration authority. Sixth creation, modification, transfer and termination of property rights, in accordance with the law shall be registered, recorded when the in house ownership register comes into force.
    Entered into between the parties relating to the establishment, change, transfer and extinction of property rights of contract, unless otherwise provided by law or otherwise specified in the contract, since the contract implemented; failure to register does not affect the contract. Seventh House ownership certificates are proof of right people have that property.
    Item recorded in the certificate of house ownership, should be consistent with the House registration books; inconsistent records unless there is evidence to prove ownership of housing there are errors in the register, subject to the housing management authority in the registration book. Article eighth person recorded in the register, interested parties that the ownership of housing matters wrong, can apply for the correction of the registration.
    House ownership records the written consent of the rights holders in the register a correction or have evidence that registration is definitely incorrect, the registration organ shall be corrected. House ownership records right holders did not agree with the correction in the register, and interested parties can apply for registration. Registration by the registration authority, the applicant at the date of the dissidence registration not to prosecute in the 15th, the dissidence registration failure.
    Improper registration, caused by the right holder, the right holder can request compensation for damage to the applicant. Nineth party entered into sale and purchase agreements for housing, in accordance with the agreement could apply for registration with the registration authorities.
    After the registration, without advance registration right holders consent, disposition of the property, without the real title.
    After registration, debt eradication or ownership fails to apply for registration within 3 months from the date of registration, registration failure.
    Tenth party provides false information to apply for registration, and cause damage to others shall bear liability. Due to registration errors, harm is done to others, the registration authority shall bear the liability.
    Registration authority for compensation, recourse can be caused to the person who has registered.
    Chapter II general provisions article 11th home ownership acquisition, transfer, change, set his rights and lost, shall be registered in accordance with this regulation.
    Primary registration of building property right registration, transfer registration, change of registration, registration and cancellation of registration of his right.
    12th house registration in accordance with the following procedures: (a) the application for registration, (ii) the ownership audit, (iii) record in the register (iv) approved the registration, housing ownership certificates issued.
    The registration authority may consider necessary, registration notice.
    13th before the implementation of these measures was constructed more than 20 years of housing, housing ownership information is not complete, no objection by notice and a written statement by the applicant that the related departments, organizations or held, and to grant registration.
    14th House, one of the following circumstances, registered by the registration authority directly, not house ownership certificates issued: (a) property management departments in accordance with escrow houses and (ii) no one claimed House; (c) the laws and regulations of other houses.
    15th House, one of the following circumstances, it shall not be registered: (a) belonging to the illegal construction or temporary construction, (ii) registration rights were restricted according to law and (iii) do not provide valid proof of real estate ownership source; (d) the housing dispute unresolved; (e) laws and regulations shall not be registered in other circumstances. 16th application housing management authority in the registration by the rights holder (the applicant) applies. Right (the applicant) shall submit a registration application to provide legal proof of identity. Right (the applicant) is a natural person, registered name should be consistent with the name on his ID card. Owner (applicant) for legal persons, other organizations, registered names should use the legal name or registered name, abbreviation and common name shall not be used.
    National authorities should be the code for certification agencies, institutions and registration certificate of legal entity, the Enterprise shall be consistent with the name of industrial and commercial business license. Owner (applicant) for foreign natural persons, should be based on the names of his passport to register.
    Hong Kong S.A.R., and Macau S.A.R., and Taiwan areas should provide an ID or to and from the Mainland.
    Overseas institutions and individuals applying for real estate registration, name should be used to register, submit evidence of their Chinese names and their identity of notarial documents.
    Article 17th shared property ownership registration, by the co-owners jointly apply for housing other rights registered, by the right of people to apply. Article 18th commissions the agent applying for registration, it shall issue a power of Attorney and the Attorney's identity document. Without civil capacity and limited capacity for civil conduct by the guardian to apply for registration.
    Guardians are designated by the people's Court or other institution shall be submitted to the people's Court or the relevant certificates issued by other organizations.
    Clients in local, power of attorney shall be subject to the registration authority staff review to a registration certificate issued by the client or his employer (neighborhood) proved.
    19th applicant submitted materials are complete and in compliance with the statutory form, the registration authority shall be admissible, and written to accept vouchers. 20th of damaged housing ownership certificates, housing rights may apply to the registration organ replacement.
    Registration Office before the renewal of housing ownership certificates, shall check and recover the original ownership certificate. House ownership certificates are lost, destroyed or lost, housing rights may apply to the registration organ replacement. As indicated in the certificate and shall note in the register a replacement timing and reasons for reissue.
    Replacement shall be indicated on the certificate "issued retrospectively". 21st the registration organ received the Justice Department's forfeiture, seizure or restrictions to assist in the implementation of housing rights notice, shall assist in the implementation of the matters set out in the notice to assist implementation.
    Seal or restrict the rights of housing, shall be executed in accordance with start/end times to assist.
    Sealing up houses or expiry of restrictions on housing rights, housing rights human rights of natural recovery.
    Of the 22nd under any of the following circumstances, the applicant or any other interested person should be entrusted with real estate house property surveying and mapping the qualification of surveying and mapping units: (a) initial registration of home ownership, (ii) changes in housing conditions, apply for registration of change, (iii) the housing area of dispute, parties to claim mapping. 23rd surveying and mapping unit of its real estate report issued by the accuracy and responsibility.
    Mapping reports for house registration, registration authority for review.
    24th article has following case one of of, registration organ right to cancellation housing ownership certificate: (a) declared not real of; (ii) altered housing ownership certificate of; (three) housing right out lost, and right people not in provides term within handle housing ownership cancellation registration of; (four) in accordance with Court, and arbitration institutions entered into force of legal instruments ruling transfer of; (five) registration does have errors of; (six) has evidence proved holding witnesses on housing not has property of; (seven) legal, and regulations provides should cancellation of other case.
    Cancellation of housing ownership certificates, the registration authority shall make a written decision, and served on the parties concerned and recover the original issue of house ownership certificates or announcement of original ownership certificate void.
    25th registration authority of housing management authority in the registration form of house ownership file, unified management and preservation. Damage or unauthorized modification, destruction of house ownership file is prohibited.
    House ownership file available as required, copy, copy. Chapter III registration

    26th real estate enterprise development and construction of commercial housing, in housing delivery should be used within 3 months from the date of initial registration apply for home ownership, and submit the following materials: (a) the State-owned land use permit, (ii) construction project planning permit; (c) the survey report (iv) completion inspection data (v) other documents required by laws and regulations.
    27th article corporate or other organization new non-commodity housing, right people should in housing completed acceptance qualified Hou application housing ownership initial registration, and submitted following material: (a) State-owned land using card or with to proved file; (ii) construction engineering meet planning of proved; (three) mapping report; (four) engineering completed acceptance information; (five) legal, and regulations provides of other file.
    28th natural building of private houses, primary registration of right holders apply for housing shall submit proof of compliance with construction plans, mapping report.
    29th article law made housing ownership card, and housing total warrants of housing, for following facts occurred of, should handle housing ownership transfer registration: (a) sale, and Exchange, and gift, and inherited, and segmentation, and pricing funded shares; (ii) units merged or membership relationship occurred changes of; (three) Court judgment (ruled, and mediation), and arbitration ruling (mediation), led housing ownership occurred transfer of.
    30th article right people application housing ownership transfer registration, should submitted following material: (a) sale, and Exchange, and segmentation, and merged, and pricing funded shares, to contract way transfer housing ownership of, submitted housing ownership card, and contract; (ii) gift, and inherited of, submitted housing ownership card, and notary book; (three) in accordance with Court, and arbitration institutions entered into force of legal instruments ruling transfer of, submitted Court judgement, and mediation book, and ruled book or arbitration institutions ruling book, and mediation book.
    Involving State-owned allocated land housing ownership transferred, in accordance with the relevant State laws and regulations.
    31st legal persons, other organizations should follow the policy of housing's term for employees house ownership certificates, after obtaining the certificate of house ownership and in the 10th, will house ownership certificates submitted to the housing rights of people. 32nd article housing ownership law occurred mandatory transfer, applicants according to Court of assist implementation notice and has entered into force of court judgment (ruled, and mediation), and arbitration ruling (mediation), requirements handle transfer registration, original right people in provides term within assist handle transfer registration of, registration organ can directly handle transfer registration procedures and recovered original housing ownership certificate; original right people in provides term within not assist handle transfer registration of, registration organ in handle transfer registration procedures of while,
    The original ownership certificate should be cancelled.
    33rd article has following case one of of, housing right people should to registration organ application change registration: (a) right people of name (name) occurred change of; (ii) housing is located of street, and number or housing name occurred change of; (three) housing area occurred changes of; (four) by city planning administration sector approved change original housing design uses of; (five) same ownership people on housing registration unit for segmentation, and merged of; (six) legal, and regulations provides of other case. 34th article housing right people application change registration, should by following provides respectively submitted about material: (a) housing right people of name (name) occurred change of, should submitted housing ownership certificate, and right people name (name) change of about proved; (ii) housing is located of street, and number or housing name occurred change of, should submitted housing ownership certificate, and decided change of units issued of change proved; (three) housing area increased of, should submitted housing ownership certificate, and Construction engineering planning license (or residents building license) or construction engineering meet planning of proved, and housing mapping report; (four) housing area reduced of, should submitted housing ownership certificate, and housing mapping report, and housing out lost cancellation registration table; (five) housing design uses change of, should submitted housing ownership certificate, and city planning administration sector of approved file or proved material; (six) same ownership people on housing registration unit for segmentation, and merged of, should submitted housing ownership card, and
    Housing survey reports. Shall obtain the article 35th of the housing of the housing mortgage and other rights, the right man, his right to register the applicant shall take the following documents to apply for housing other rights registered, receiving the housing of his warrants: (a) the housing ownership certificates.
    Total housing should also be submitted to the House a total of and the proof of the other joint owners agreed to set him right, (ii) the mortgage contract; (c) the principal contract; (d) the laws, regulations and other documents.
    36th article building housing set mortgage application he items right registration of, should submitted following material: (a) State-owned land right card; (ii) construction engineering planning license; (three) mortgage guarantees of main claims contract; (four) mortgage contract; (five) applicants identity proved and the handling people Attorney, and assessment report, and mortgage real listing; (six) legal, and regulations provides of other file.
    37th due to housing loss, his right to terminate, the right holder shall apply to the registration authority to cancel the registration.
    Application for cancellation of registration, the holder shall submit the original certificate of house ownership and encumbrance certificate, proof of contracts, agreements, and other documents.
    Article 38th by the demolition of housing authority approved the demolition of houses, demolished after the 30th, centrally by the party applying for cancellation of the registration.
    39th housing loss, housing rights are not in accordance with the means of cancellation of registration article 37th, registration authorities can apply for registration.
    According to the provisions of the preceding paragraph may apply directly to cancel the registration, the registration authority shall notify in advance the rights of people and order the right to pay back house ownership certificates within related rights within the deadlines to pay back house ownership certificates, the registration organ shall notice in the news media, the city housing management authority certificate revocation.
    Fourth chapter legal liability real estate development enterprises in the 40th after the delivery of commercial housing, does not comply with the requirements to submit information in an application for registration by the registration authority, be warned by the property management Department, a rectification; fails to correct, punishable by penalty of 20,000 yuan and 30,000 yuan; losses caused to the housing rights of people, housing rights suit before a people's Court according to law.
    One of the 41st under any of the following acts, each card by the property management Department fined a maximum of 1000 Yuan, and made the house ownership certificates be cancelled according to law: (a) making false statements on or concealing illegal means, such as access to housing ownership certificates, (b) alteration, forgery of house ownership certificates. 42nd legal persons, other organizations have not prescribed for this unit the employees house ownership certificates or house ownership certificates that are not agents to home owners, and monitored by the competent departments or agencies responsible for penalties in real estate management sector can be ordered to rectify.
    House ownership certificates for agent refused to be sent to home owners, by the owners of housing applications, property management Department is available for replacement housing ownership certificates, and cancellation of legal persons, other organizations, housing ownership certificate held by the applicant. 43rd article property management sector of staff has following behavior one of of, by its where units or monitored organ on competent personnel and directly responsibility personnel depending on plot weight, give administrative sanctions; constitute crime of, law held criminal: (a) violation statutory program handle registration of; (ii) on not has application qualification or not meet registration conditions of applicants handle registration of; (three) beyond statutory terms handle registration procedures of; (four) for registration staff of deliberately or fault,
    Lead to improper House registration; (e) intentionally or does not meet the conditions for the registration of the applicant; (f) abuse of power, favoritism and violations of the laws and regulations of the other Act and the regulations.
    Provisions of the preceding paragraph (a), (b), (c), (d) of the real estate management based on application or the right based on the terms of reference, you can unregister house ownership certificates in accordance with law.
              Fifth chapter supplementary articles article 44th these measures shall take effect on March 1, 2008.