(June 7, 2004, Xining municipality 13th Executive meeting on June 21, 2004, 64th Xining people's Government promulgated as of August 1, 2004) Chapter I General provisions article in order to strengthen urban house ownership management, maintaining the order of real estate market, protect the legitimate rights and interests of housing rights, in accordance with the People's Republic of China on urban real estate administration law of the provisions of laws and regulations, combined with the city's actual, these measures are formulated.
Second administrative area of the city on State-owned land in the planning area of the city housing management authority in the registration procedures apply.
Third house registration in these measures refers to property Administrative Department represent the Government on housing ownership as well as from the right mortgage, pawn houses, such as other rights registered and confirmed house ownership according to 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, real estate, other rights of legal persons, other organizations and individuals.
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.
Fourth house ownership register certification system.
Applicants should be in accordance with the provisions of this approach to housing the seat of city and County real estate administrative departments (hereinafter referred to as registration authority) for house registration, receive certificates of ownership of housing.
Fifth house ownership certificates are the right people with home ownership and housing possess, utilize, profit from and dispose of the only legitimate vouchers.
Housing rights are protected by the laws of the State of registration in accordance with law.
Sixth House registration shall follow the ownership of the building and the land rights of the housing within the agreed principles. Article seventh municipal real estate administrative departments responsible for house registration management work within the administrative area of the city.
Municipal real estate administrative departments of housing management authority in the registration organs in charge of district housing management authority in the registration application accepted, auditing, and ownership of housing certificates and other work.
County real estate administrative departments are responsible for house registration management work within their respective administrative areas. Second chapter housing ownership registration eighth article housing ownership registration is divided into: (a) total registration, is refers to County above Government according to need, in must term within on this administrative within of housing for unified of ownership registration; (ii) initial registration, is refers to new housing and other not made housing ownership card of housing by applicants to registration organ first proposed of ownership registration; (three) transfer registration, is refers to housing for sale, and Exchange, and gift, and inherited, and analysis produced, and merger, and joint venture, and shares, and units allocated, and price dial, and
Segmentation took over, reasons led housing ownership occurred transfer, by right people (applicants) to registration organ proposed of ownership registration; (four) change registration, is refers to housing for demolition, and modified (spread) built, and change uses, and change is located, and change property people name or name, part burned, and collapsed, and demolition, by right people to registration organ proposed of ownership registration; (five) cancellation registration, is refers to housing for out lost, and land using years expires, and he items right terminated,, by right people to registration organ proposed of ownership registration;
(Vi) other rights registered, refers to the housing of housing rights for all of its mortgage, pawn him right by the rights holder (the applicant) submitted to the registration authorities registration.
Nineth housing units to house the ownership of registration shall be in accordance with the house number, building sets (room) and the specific ownership limits as the basic unit for registration.
Tenth House registration in accordance with the following procedures: (a) the application for registration, (ii) audit management authority and (iii) notice and (iv) registration, housing ownership certificates issued.
The preceding paragraph (c) applies to the registration authority may consider necessary notice, shall be announced. 11th House registration, by the rights holder (the applicant) applies.
Owner (applicant) for legal persons, other organizations, should use its legal name, registration by its legal representative or principal responsible person; right (the applicant) is a natural person, you should use the ID name, by a natural person or its agent application.
The House shared by two or more obligees shall jointly apply.
Housing registration to his right, rights holders and other rights of people to apply. Article 12th man (applicant) entrusts an agent to apply for housing management authority in the registration, agents are required to submit signed and sealed by my principal power of Attorney and my identity documents.
Right (the applicant) is a person without civil capacity or with limited capacity for civil conduct, registered by the legal representative or agent.
13th new housing, the applicant should be completed building applications for 90 days after initial registration, and submit the following information: (a) the approved land-use right certificate (copy) or land sources, (ii) construction project planning permit; (c) the housing completion information; (d) House property surveying and mapping results.
14th article application transfer registration, right people (applicants) should since facts occurred of day up 30th within, holding original housing ownership certificate to registration organ application registration, and submitted following proved material: (a) sale of housing submitted sale contract, housing also needed submitted housing registered registration proved; (ii) gift of housing submitted by notary of gift book, and by books; (three) inherited of housing submitted by notary of related inherited proved; (four) exchange of housing submitted exchange agreement;
(Five) segmentation of housing submitted segmentation agreement; (six) allocated, and allocated, and took over, and merged, and merger, and to room shares of housing, submitted related file; (seven) Court judgment, and mediation, and ruled or arbitration institutions ruling ownership transfer of housing, submitted judgement, and mediation book, and ruled (summary) book; (eight) for pawn, and mortgage or auction made of housing submitted about proved.
15th article application change registration, right people should since facts occurred of day up 30th within, holding original housing ownership certificate application change registration, and submitted following proved material: (a) rebuilt, and alterations, and expansion of housing, submitted construction engineering planning license; (ii) housing is located number or right people name, and name change of, submitted about of proved material; (three) change uses of housing, submitted planning administrative competent sector of approved file.
16th article application he items right registration, right people (applicants) should since facts occurred of day up 30th within application he items right registration, and submitted following proved material: (a) existing home mortgage submitted original housing ownership card, and mortgage contract, and borrowing contract, and valuation report or mortgage both agreed of valuation agreement; (ii) pre purchase mortgage submitted construction engineering planning license, and has record of housing sale contract, and mortgage contract, and borrowing contract, and valuation report or mortgage both agreed of valuation agreement;
(C) the construction mortgage to submit construction project planning permit, housing condition of floor space calculations table, loan contracts, mortgage contracts, the valuation report or valuation of mortgages agreed protocols.
17th due to loss, land use period expires, his right to terminate the housing, the obligee (the applicant) shall occur within 30th of the original house ownership certificates and associated documents, apply for cancellation of registration.
Lost homes because of the demolition, relocation shall, upon completion of the demolition work in the 30th, take the demolition of the original certificate of house ownership and relocation proved that apply for cancellation of registration.
18th new commercial buildings completed after 30th inspection by the development enterprise enterprise legal person qualification certificates, audited land use right certificate (copy) or land sources, construction project planning permit, acceptance of information, pre-sale permit, House property surveying and mapping results, apply for housing register.
Article 19th House, one of the following circumstances, directly by the registration authority on behalf of the registration: (a) directly by the property management Department of management; (b) no claim, and (iii) other circumstances as stipulated by laws and regulations.
20th under any of the following circumstances, the right people (the applicant) application should be granted a stay of registration: (a) fails to submit evidence for just cause, (ii) in accordance with the provisions need to be completing the formalities and (iii) laws and regulations provide for suspension of registration.
21st article has following case one of of, registration organ should made not registration of decided: (a) housing (land) ownership dispute yet solution of; (ii) cannot provides legal, and effective of housing ownership source proved of; (three) no housing ownership certificate and set housing he items right of; (four) cannot provides land right card or with to proved of; (five) by built housing is illegal building, and temporary building of; (six) legal, and regulations provides of other case.
22nd 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 ownership cancellation registration of; (four) for registration organ staff errors caused housing ownership registration not real of; (five) legal, and regulations provides of other case.
Cancellation of housing ownership certificates, the registration authority shall make a written decision, served on the right person, of house ownership certificates issued and recover the original notice or house ownership certificates revoked. 23rd article ownership clear, property source documents complete of, registration organ should since accepted of day up by following time handle ownership registration: (a) initial registration 5 a days; (ii) transfer registration 10 a days; (three) change registration 5 a days; (four) mortgage registration 5 a days; (five) cancellation registration 2 a days; (six) housing registered registration 5 a days.
Registration Authority considered the ownership certificate in question, the applicable procedure (notice period to 30th), bulletin raised no objection when it registered applicants can also be relevant supporting documents for notarization or a lawyer witness be registered by the registration authority.
24th house owner (applicant) proposed to suspend the registration or review is denied registration, the registration authority shall, from the date of acceptance of the application within 5 business days to make a decision, and notify the right holder (the applicant).
25th be added to units within the housing, the applicant has not been handling housing ownership certificates, after review by the registration authority to confirm, apply for housing title certificate.
26th housing management authority in the registration, the right holder (the applicant) shall be provided for by the State to pay a registration fee and housing ownership certificate fee.
Chapter III ownership of housing housing ownership certificates, including the 27th article of the certificate of house ownership, the housing of the total, the houses of his warrants. 28th shared housing, nominated by the rights holder of the waybill delivered to property ownership certificate of the holder.
Remaining co-owners holds housing right certificate 1.
Housing ownership certificates and property ownership certificate has the same legal effect. Article 29th House he warrants his right one receipt portion.
He right people vouchers to exercise his rights in accordance with law, subject to state law. Article 30th damaged housing ownership certificates, identification required for renewal by the registration authority, registration authority should be renewed within 2 working days.
Loss of housing ownership certificates, the right holder shall promptly make a statement in the newspaper cancelled and reissued to the registration authority, made by the registration authority to reissue announcements, after 6 months without discussion, be issued retrospectively, specifying the replacement word.
To shorten the notice period due to special reasons, by the right holder to apply for registration authorities can make a decision to shorten the notice period, but the period of notice shall not be less than 30th.
The fourth chapter legal liability article 31st making false statements on or concealing ownership of housing and other illegal means to obtain housing ownership certificates, by the registration authority to recover their house ownership certificates or announced its housing ownership certificate revocation, and parties can be fined 500 Yuan more than 1000 Yuan fine.
Altered or forged housing ownership certificates, the certificate is not valid, the registration authority may impose on the parties of less than 500 Yuan more than 1000 Yuan fine.
Illegal printing house ownership certificates, printed by the registration authorities confiscate its illegal housing ownership certificates, and parties can be fined not more than 10000 Yuan more than 30000 Yuan constitutes a crime, criminal liability shall be investigated for their.
Article 32nd housing management authority in the registration fails, registration authority can be 3 times of the original registration fee the following charge a registration fee.
Article 33rd person (the applicant) application housing management authority in the registration, and shall report to the registration authority on materials and reflect the true situation, and is responsible for the authenticity of the substance of the application materials.
Because the parties submitted false documentation of errors causing errors registered by the registration authority, legal liability of the parties.
Article 34th due to improper registration authority registration staff negligence, cause economic losses to rights holders, registration authorities liable for direct economic losses to the party.
35th registration authority neglects his duty, favoritism, corruption, abuse of power, beyond the jurisdiction of the issuing of housing ownership certificates, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
Fifth chapter supplementary articles article 36th urban planning area within the boundaries of collective housing management authority in the registration in accordance with the measures implemented.
37th international house registration management, except as otherwise stipulated by laws, regulations, and procedures apply.
38th the specific problems in the application of these measures, Xining city, the Housing Authority is responsible for the explanation.
39th these measures shall come into force on August 1, 2004, Xining city, the original property rights abrogated production management methods.