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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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(Summit 2nd meeting of the Government of the Liveli city on 11 January 2008 to consider the adoption of the Decree No. 97 of 2 February 2008 No. 97 of the Order of the People's Government of the Livestock on 1 March 2008)

Chapter I General
Article 1. To strengthen the management of urban housing rights, regulate the registration of housing rights, preserve the property market order, guarantee the legitimate rights and interests of the owner, and develop this approach in the light of the National People's Republic of China's Urban Property Management Act and the relevant legal provisions.
Article 2, this approach applies to the registration of housing rights within the State's land.
Article 3. The right to housing as described in this approach is registered and refers to the registration by the housing administration of his rights to house ownership, as well as mortgage rights arising from the ownership of the house, which is confirmed by law and issued a certificate of residence.
The approach refers to persons entitled to housing (hereinafter referred to as rights), which are legally entitled to home ownership and the right to land use within the scope of the house's occupation, legal persons, other organizations and natural persons of their rights.
The scheme refers to the applicant for the right to housing (hereinafter referred to as the applicant), which has been granted a house and made a request for registration of a house, but legal persons, other organizations and natural persons who have not yet obtained a housing title certificate.
The right to housing, as described in this approach, includes the Housing Title Certificate, the Sharehold of Housing, and the Housing Heights. Housing rights are certified using the text developed by the Department of State to build the administrative authority.
The mapping report referred to by the methodology refers to the survey reports carried out by a mapping body with the quality of the stock, including a house file, a nutrient map, a shared construction area-sharing programme, a household building area.
Article IV. The municipal properties management (hereinafter referred to as the registration authority) is responsible for the supervision of the entire city's right to register and document management.
The district (market) properties management (hereinafter referred to as the registration authority) is responsible for the registration and issuance of documents.
Article 5
The right to housing is registered as a basis for property rights and content. The registration authority shall document, disclose and issue a certificate of residence or registration certificate in accordance with the requirements of the security rights registry technical norms and the registration information system. Housing rights are governed by the registry.
Article 6. The establishment, modification, transfer and elimination of housing property rights shall be registered in accordance with the law and shall have effect since the registration of the home rights registry. A contract between the parties concerning the establishment, modification, transfer and elimination of property rights in the home has entered into force since the contract was established, except as otherwise provided by the law or otherwise agreed by the contract; the non-procedural registry does not affect the effectiveness of the contract.
Article 7. The issue of the right to housing certificate should be consistent with the home registry; it is not in keeping with the records, except where there is evidence that the right to housing is wrongly registered in the home registry.
Article 8. The right of the owner, the owner of the person concerned, is of the opinion that the right to housing is erroneous and may apply for correction. The owner of the right to housing as a document of the registry agreed in writing to corrections or to show that registration was wrong and that the registration authority should be corrected.
The owner of the right to housing as a document of the registry does not agree with corrections and the owner may apply for the registration of the objection. The registry was registered by an objecting authority and the applicant was not prosecuted within 15 days of the date of the objection registration. The author may request damages to the applicant.
Article 9. The parties signed agreements on the sale of homes and, in accordance with the agreement, may apply to the registry authorities for advance registration. Upon registration, the right to dispose of the property was not effective without the consent of the registered owner.
Upon registration, the claim was eliminated or was not registered within three months from the date of the right to be registered, and the registration was invalid.
Article 10 provides for registration of false material by the parties, causing damage to others, and shall be liable.
As a result of the error of registration, the registry should assume liability. After the compensation of the registry agency, compensation could be paid to those who caused the error of registration.
Chapter II General provisions
Article 11. The acquisition, transfer, modification, creation of his rights and removal shall be registered in accordance with this approach.
The right to housing is registered in the initial registration, transfer registration, modification, registration and write-off registration.
Article 12
(i) To receive registration requests;
(ii) The right to review;
(iii) The registration books;
(iv) Approval of registration and issuance of a certificate of residence.
In the opinion of the registry, a notice can be made on registration matters.
Article 13, which was established for more than 20 years prior to the operation of this scheme, has the right to housing proved to be incomplete, without any objection and in the written statement of the applicant, or if the relevant departments, organizations have proved that the registration is granted.
Article 14.
(i) The housing administration is governed by law;
(ii) No house claiming rights;
(iii) Other houses provided for by law, regulations.
Article 15 has one of the following conditions and does not register:
(i) Be in conflict with or temporary buildings;
(ii) The right to registration has been restricted by law;
(iii) Failure to provide valid property rights certificates by source;
(iv) The right to housing is not resolved by controversy;
(v) Other circumstances that are not registered under the law, legislation and regulations.
Article 16 requires that the right to housing be registered by the owner (the applicant). The owner (the applicant) shall submit a registration application and provide a legal certificate. The owner (the applicant) is a natural person and the name of the registration shall be consistent with the name of the identity document submitted. The owner (the applicant) is a legal, other organization and the name of the registration shall be subject to a statutory name or to the name registered under the law and shall not be used in a simple and customary name. State organs should be consistent with the corporate codes, the unit of the cause and the name of the business licence.
The owner (the applicant) is a natural person outside the country and shall be registered in the name of its passport. The Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the inhabitants of the Taiwan region should provide identification or transit passes.
The overseas institutions and natural persons shall apply for the registration of their property and shall be registered with Chinese names and shall be submitted to a public certificate that demonstrates that their names are consistent with their status.
Article 17 rights of a total of homes are registered with a common application by a common number of people; the registration of the rights of the house is jointly applied by the relevant rights.
Article 18 entrusts the author of the application for registration and shall give the author and the author's identity certificate. A person who has no civil act and limits a civil act capacity is registered by the guardian. The guardian is appointed by the People's Court or by other bodies and shall be submitted to the People's Court or other bodies for the relevant testimony.
Authors are local, and the letter of assignment should be reviewed by the staff of the registry agency or provided by the registry body with the certificate of the unit of the author (the Resident Committee).
Submissions submitted by the applicant in full and in accordance with the statutory form, the registration authority shall be admissible and the written admissibility certificate.
Article 20 of the right to housing is damaged by the certificate, and the owner may apply for the transfer of property to the registry. The registration authority shall be inspected and recovered prior to the issuance of a certificate of origin.
The right to housing is lost and lost, and the owner can apply to the registry. Removal certificates should be recorded in the register and the reasons for the replenishment. The reference to “removal” should be noted in the award.
Article 21 shall be implemented in accordance with matters set out in the letter of assist in the implementation of the notification of the assistance of the registry after the registration authority has been granted by the judiciary forfeiture, seizure of homes or restrictions on the right to housing. The envelope or restriction of the rights of homes should be carried out at the end of the time.
The rights of the owner are naturally restored.
Article 2 is one of the following cases, and the applicant or other stakeholders should entrust the Mapping Unit with the qualifications of the property mapping:
(i) The application for housing rights to be registered at the initial level;
(ii) Applications for a change in the status of the home;
(iii) Because of the controversy over the area of the house, the parties requested mapping.
Article 23 is responsible for the accuracy and responsibility of the Mapping Unit for its report on the management of property. The registration authority may be subject to review.
In one of the following cases, the registration authority has the right to write a certificate of residence:
(i) The declaration is not true;
(ii) Removal of housing rights certificates;
(iii) The loss of housing rights, while the rights of the owner had not been registered with the write-off of the right to house within the specified period;
(iv) Transfers in accordance with the legal instruments in force of the courts, arbitral bodies;
(v) There is a error in registration;
(vi) There is evidence that witnesses do not have property rights in the home;
(vii) Other cases to be cancelled by law, legislation and regulations.
The write-off of the right to housing is a certificate and the registration authority shall make a written decision to send the party and to recover the original certificate of residence or to declare the original certificate of the right to housing.
Article 25 The archives of the property rights of the house registered by the registry bodies should be managed and properly maintained.
The destruction or unauthorized modification and destruction of property files is prohibited. The housing property files can be accessed, reproduced and replicated as prescribed.
Chapter III Registration of rights
Article 26
(i) National land use evidence;
(ii) Construction of engineering planning licences;
(iii) Mapping reports;
(iv) The material obtained for the completion of the work;
(v) Other documents provided for by law, regulations.
Article 27 establishes new non-commercial houses by legal persons or other organizations, who shall apply for the initial registration of home ownership after they are completed and submit the following materials:
(i) National land use certificates or the use of land-use certificates;
(ii) Construction works in line with planning evidence;
(iii) Mapping reports;
(iv) The material obtained for the completion of the work;
(v) Other documents provided for by law, regulations.
Article twenty-eighth private houses constructed by natural persons, whose rights apply for the initial registration of homes, should be submitted to the construction work in compliance with the planning certificate, mapping report.
Article 29 provides for the acquisition of houses under the law of the Housing Title Act, the Shareholding of Housing, and, as a result of the fact that the right to housing is to be registered as a result of:
(i) The sale, exchange, grant and inheritance, division, and value-based crediting units;
(ii) Changes in merger or subordinate relations;
(iii) The right to housing, such as the judgement of the People's Court (decisions, mediation), arbitral awards (mediation).
Article 33 The right of the owner to apply for the transfer of the right to housing shall be submitted to the following materials:
(i) Transfer of home ownership by way of contract, such as sale, exchange, division, consolidation, and value-based crediting units, for submission to the Housing Title Certificate, the contract;
(ii) Grants and successions, to be submitted to the Homeownership Certificate and to public certificates;
(iii) Transfers in accordance with the legal instruments in force of the Court, the arbitral body shall be submitted to the Court of Justice, the letter of mediation, the decision or the arbitral body ruling, the letter of mediation.
In relation to the transfer of land tenure by State, implementation is carried out in accordance with the relevant national law.
Article 31 Legal persons, other organizations shall be granted a certificate of residence to the worker, in accordance with the period specified in the housing reform policy, and within 10 days of the granting of a housing certificate to the owner.
Article 32 provides for a mandatory transfer of the right to housing, in accordance with the letter of assist of the People's Court and the court judgement in force (decisions, mediation), arbitral awards (concilitative), requiring the transfer of registrations, the assistance of the original owner within the prescribed time period, the registration authority may directly process the transfer of registration procedures and recover the certificates of title of the original house; the original owner shall not facilitate the transfer of registrations within the prescribed time period, and the registration authority shall write the original residence certificate.
In one of the following cases, the owner shall apply to the registry for a change in registration:
(i) Changes in the name of the owner (name);
(ii) Changes in the streets, doors or house names of the houses;
(iii) Changes in the area of housing;
(iv) A change in the design of former homes, approved by the urban planning administration;
(v) The same owner divided and merged the housing registration module;
(vi) Other cases provided for by law, regulations.
Article 344 Changes in the registration of the owner shall be submitted in accordance with the following provisions:
(i) Changes in the name of the owner (name) should be submitted to the relevant evidence of changes in the name of the owner (name);
(ii) Changes in the streets, gates or house names of the houses should be submitted to a certificate of residence, a change in the number of units determining changes;
(iii) The increase in the area of housing should be submitted to the certificate of residence, the construction of engineering planning licences (or the resident construction of housing permits) or construction work in compliance with the planning certificate, the housing mapping report;
(iv) A decrease in the area of housing should be submitted to the certificate of residence, the housing mapping report, the loss of the home and the registration form for the cancellation of the property;
(v) Changes in the design of houses should be submitted to the certificate of residence, approval of the urban planning administration or material;
(vi) The same owner's division and consolidation of the housing registration module should be submitted to the home ownership certificate, housing mapping reports.
Article XV, which is legally granted the right to mortgage a house such as the home title certificate, shall have the following material to apply for the registration of his rights in the home and receive the Housing Helicens:
(i) Housing titles. Shared houses should also be submitted to the Housing Coverage certificate and to other complicants agree on the creation of his rights;
(ii) The mortgage contract;
(iii) The main claim contract;
(iv) Other documents provided for by law, regulations.
Article XVI provides for the registration of a collateral application for his rights in the construction of a house and shall submit the following material:
(i) National ownership of land use;
(ii) Construction of engineering planning licences;
(iii) Holding claims contracts for mortgage guarantees;
(iv) The mortgage contract;
(v) The applicant's identity certificate, the assessment report, the list of mortgages;
(vi) Other documents provided for by law, regulations.
Article 37 shall apply to the registry for the write-off of registrations due to the loss of homes and the termination of his rights.
The owner shall submit the original certificate of residence, his rights certificate, the relevant contracts, agreements, certificates, etc.
Article 338, with the approval of the house demolitions by the house demolition authorities, has resulted in a uniform application for the write-off registration of demolitions within 30 days of the demolition.
As a result of the loss of homes, the owner of the house was not registered as a result of the write-off under article 37 of this approach, and the registration authority could conduct the write-off process directly.
In accordance with the preceding paragraph, the registration authority shall notify the owner in advance of writing and shall be responsible for the payment of the certificate of the right to housing for the duration of the period of time; the relevant owner has not paid a certificate of residence rights within the prescribed time period, and the registration authority shall notify the owner of the certificate of the right to housing in the present municipal media.
Chapter IV Legal responsibility
Article 40
Article 40 is one of the following acts, which is fined by the property management of the property and write-offs in accordance with the law:
(i) To obtain a certificate of ownership of the right to housing through illegal means, such as false reports and seizures;
(ii) Restructuring and falsification of housing rights certificates.
Article 42, legal persons, other organizations that have not been granted a certificate of residence for the employee of the unit or have not been assigned to the owner of the house, are subject to administrative disposition by their superior authorities or supervisors; and the housing management may be responsible for the conversion of the period. The refusal to grant the occupancy certificate to the owner of the house, with the application of the owner of the house, the property management may issue a certificate of residence for the addition of the home and shall denounce the owner's residence certificate in accordance with the law.
Article 43 contains one of the following acts by the staff of the housing administration, which is subject to administrative disposition by their own units or supervisors of the competent and directly responsible personnel, and which constitutes a crime and is criminally criminalized by law:
(i) Registration in violation of statutory procedures;
(ii) Registration of applicants who do not have the application or do not meet the registration conditions;
(iii) Excluding the statutory process of registration;
(iv) The right to housing is not properly registered owing to the intentional or negligence of the registered staff;
(v) The intentional harassment of the applicant or the non-registration of conditions;
(vi) Abuse of authority, provocative fraud and other violations of legal, regulatory and regulatory provisions.
In the previous paragraphs (i), (ii), (iii) and (iv), the property management may, in accordance with the application of the person concerned or in accordance with its mandate, write the certificate of residence under the law.
Chapter V
Article 44