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Implementing Rules For The Interim Regulations On Registration Of Real Estate

Original Language Title: 不动产登记暂行条例实施细则

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(June 29, 2015, adopted at the 3rd Ministerial Conference of the Ministry of land and resources) Chapter I General provisions article in order to regulate the real estate Registration Act, refined uniform registration system of real estate, real estate registration people, protect the rights of legitimate rights and interests, in accordance with the interim regulations on registration of real estate (hereinafter referred to as the regulations), these rules are formulated.

Application for registration in accordance with article II the parties, but the laws, administrative regulations, and except as otherwise provided in these rules.

Buildings and structures such as houses and forests, trees and other fixtures shall be attached with the land, waters and be registered, keep the subject line.

Real estate registration in accordance with article III of the seventh article of the Ordinance provides that consultation handling of cross-County real estate registration or accept the specified shall, after registration will be recorded in the register of real estate property rights and real estate is located, location and size, use, by type of rights registration informed real estate other real estate agencies across regions.

Fourth State Council identified by key State-owned forest region of forests, trees and woodlands, accepted by the Ministry of land and resources and, in conjunction with relevant departments, right according to law the issuance of real estate ownership certificate.

Projects approved by the State Council with the sea, with the island's registered and accepted by the Ministry of land and resources, rights according to law the issuance of real estate ownership certificate.

Central Government institutions to use State-owned land, such as real estate, according to the Ministry of land and resources of the central State organs in Beijing of the land registration regulations.

Chapter II registration article eighth book the fifth article of the Ordinance's real estate unit, closed and independent value refers to the property boundary of space.

Houses and other buildings and structures, as well as forests, trees, land, waters and property boundary enclosed space for real estate units.

Houses and other buildings and structures, as well as forests, trees, and the houses and other buildings and structures, as well as forests, trees with ownership of lands, waters boundaries enclosed space for real estate units.

Houses referred to in the preceding paragraph, including separate buildings, property boundary enclosed spaces, and a distinction between sets, and can be used independently, such as, property boundary between a closed space.

Sixth real estate register or Zong Hai units into one or a sea within the scope of all real estate units included in the real estate register.

Article seventh registration authorities registration should be equipped with a dedicated electronic storage facilities, information network safety protection measures taken to ensure electronic data security.

Units and individuals are not allowed to copy or tamper with any real estate information in the register.

Article eighth bear the registration audit, log book of real estate registration staff should be familiar with the relevant laws and regulations, with aspects such as its post registration of real estate expertise.

In conjunction with the relevant departments of the Ministry of land and resources to take on real estate registration audit, book of registration of real estate appraisal training for staff.

Chapter III registration procedure article Nineth applied for registration, the applicant shall fill in the application for registration, and submit proof of identity and the application materials. Original application materials should be provided.

Due to exceptional circumstances not accompanied by the original, you can provide a copy, a copy should be consistent with the original.

Tenth dispose of applications for registration of real estate shall be subject to two-thirds of the co-ownership share or joint ownership of the whole people to apply for, but, except as otherwise agreed by the owner.

Co-ownership by the transfer of their share of the real estate, shall be registered and transferee jointly apply for transfer.

Lawfully belonging to all owners of real property within the building zone application for registration, shall be handled in accordance with the rules for the implementation of the 36th article.

11th without civil capacity or with limited capacity for civil applications of registration of real estate, by his guardian on his behalf shall be applied for.

Guardians applying for registration, and shall provide guardian and the guardian's ID card or booklet, material relating to guardianship; dispose of applications for registration of real estate, should also be provided for the interest of the guardian a written guarantee.

Parents of guardians to dispose of the real property of minors, the law relating to guardianship material may be people's monitoring instruments, notarized on the guardian's right to custody of the material or any other material.

12th the parties may authorize others to apply for registration.

Agent of real estate registration, agents should provide the real estate registration agency principal signed or sealed by the power of attorney.

Natural disposition of real estate and entrusts an agent to apply for registration, and registration should be together with the agent to institutions signed a power of Attorney, but except for the power of Attorney notarized.

Dispose of immovable registration overseas applicant on whose behalf, the power of attorney shall be in accordance with the relevant provisions of the State certification or notarization.

13th before applying for registration should be recorded in the real property register, all the applicants of withdrawal of an application for registration, registration authorities registration application and related materials should be returned to the applicant.

14th acquired through inheritance or legacy real estate, the party applying for registration shall submit a death certificate materials, will or all legal heirs on the distribution of real estate agreements and related materials with the decedent, or you can submit material or the entry into force of legal instruments notarized. 15th article real estate registration institutions accepted real estate registration application Hou, also should on following content for identification: (a) applicants, and delegate Agent identity proved material and authorized Attorney and application subject whether consistent; (ii) ownership source material or registration reasons file and application registration of content whether consistent; (three) real estate boundary, and space boundaries, and area, right nationality survey results whether complete, ownership whether clear, and boundary whether clear, and area whether accurate; (four) legal, and

Administrative regulations, tax payment or proof of payment are included.

16th real estate registration agency site view, focus on the following: (a) the first registration of ownership of houses and other buildings and structures, view home is located and built in and (ii) under construction building mortgage registration, view the mortgage is located and the construction of a building under construction, (iii) the loss led to the cancellation of registration of real estate, view real property loss, and so on.

17th article has following case one of of, real estate registration institutions should in registration matters records Yu registration book Qian for announcement, but involved national secret of except: (a) Government Organization of collective land ownership registration; (ii) Homestead right and the housing ownership, collective construction with to right and the buildings, and structures ownership, land contracting right, real estate right of first registration; (three) according to terms corrections registration; (four) according to terms cancellation registration; (five) legal, and administrative regulations provides of other case. Notice shall be registered in the real estate agency Web portal as well as designated places such as real property is located, the notice period of 15 working days. Notice time required is not included in the registration period.

Notice expires without objection or opposition is not established, and shall be recorded in the real property register in time.

18th the main contents of real estate registration bulletin include: (a) the name or title of the obligee to register, (ii) is intended to be registered real estate location, area, types of uses, right, (iii) the contested term, manner and organization and (iv) other matters need to be announced.

19th parties may hold a people's Court, the Arbitration Commission of the entry into force of legal instruments or the entry into force of the people's Government decided unilaterally to apply for registration.

Has following case one of of, real estate registration institutions directly handle real estate registration: (a) Court holding entered into force legal instruments and assist implementation notice requirements real estate registration institutions handle registration of; (ii) people's Procuratorate, and police organ according to legal provides holding assist seized notice requirements handle seized registration of; (three) Government law made levy or recovered real estate right decided entered into force Hou, requirements real estate registration institutions handle cancellation registration of; (four) legal, and administrative regulations provides of other case.

According to real estate agency registered objections to the matter, it shall review recommendations to the relevant authorities.

20th real estate registration agency shall, in accordance with the real property register, fill out and issuing real estate ownership certificate or registration certificate.

Apart from handling registration of mortgages, easement registration and notice of registration, registration, registration certificates to issue to the applicant, real estate registration agency shall, to the right person issuing real estate ownership certificate.

Ownership certificate of real estate and real estate registration certificates, shall be affixed to real property registry-specific chapters.

Ownership certificate of real estate and real estate registration styles provided centrally by the Ministry of land and resources.

21st a total registration of real estate, real estate agencies to all joint owners merged and made a real estate ownership certificate; share applications licensed, and issuing real estate ownership certificate for co-owners separately.

Total real property ownership certificate should indicate the total situation, setting out all the co-owners. 22nd real estate ownership certificate or proof of registration of real estate to deface, damage, parties may apply to the registration renewal.

Meet the conditions for renewal of registration authorities shall issue and recover the original ownership certificate of real estate or real property registration.

Ownership certificate of real estate or real estate registration certificate is lost, destroyed or lost, the obligee reissued, by the registration agency in its published on the portal site of the obligee lost, lost after 15 working days has been declared, to be reissued.

Real property registration institutions replacement real estate ownership certificate or proof of registration, replacement should be immovable property ownership certificate or proof of registration recorded in the real property register and indicate real estate ownership certificate or registration certificate "issued retrospectively".

Article 23rd loss on real property rights, where the real property registration institutions require the recovery of real estate ownership certificate or proof of registration, should take back ownership of real estate on the real estate register certificate or proof of registration matters indicated; uncollectible, registration should be in institutions portal site or published in the local press notice set aside.

Fourth chapter registration of real property rights section I General provisions article 24th first registered, refers to the registration of real property rights for the first time.

Does not apply for first registration of real estate and other types of real estate registration shall not, except as otherwise provided in laws and administrative regulations.

25th of municipal and county governments to the unregistered real property within their respective administrative areas, organized collective land ownership, land use right, collective-owned construction land use rights, land registration for the first time.

In accordance with the provisions of the preceding paragraph required for the first registration of the ownership of sources, surveys, registration materials, organized by the relevant Department under the get. 26th article following case one of of, real estate right people can to real estate registration institutions application change registration: (a) right people of name, and name, and ID Ming type or identity proved number occurred change of; (ii) real estate of is located, and boundary, and uses, and area, status change of; (three) real estate right term, and source, status occurred changes of; (four) same right people segmentation or merged real estate of; (five) mortgage guarantees of range, and main claims amounts, and debt perform term, and

Mortgage priority changes of; (vi) the mortgage creditor's range, the highest amount of claims, changes during the term, and (VII) the easement of the changes in the purposes and methods; (h) the total nature of change; (IX) laws, administrative regulations and other changes involving the transfer of real property rights.

27th article for following case led to real estate right transfer of, party can to real estate registration institutions application transfer registration: (a) sale, and swap, and gift real estate of; (ii) to real estate pricing funded (shares) of; (three) corporate or other organization for merged, and Division, reasons led real estate right occurred transfer of; (four) real estate segmentation, and merged led to right occurred transfer of; (five) inherited, and by legacy led to right occurred transfer of;

(Six) total people increased or reduced and total real estate share changes of; (seven) for court, and Arbitration Committee of entered into force legal instruments led to real estate right occurred transfer of; (eight) for main claims transfer caused real estate mortgage right transfer of; (nine) for needed service to real estate right transfer caused to service right transfer of; (ten) legal, and administrative regulations provides of other real estate right transfer case.

28th under any of the following circumstances, a party may apply for cancellation of registration: (a) loss of real property, (ii) rights holders to give up property rights; (c) real property confiscation, expropriation or recovered by law enforcement and (iv) legal instruments led to the entry into force of the people's Court, the Arbitration Committee of immovable property rights; (v) other circumstances as stipulated by laws and administrative regulations.

Has been set up on the real estate mortgage, easement, or have to handle registration, ownership, right to person due to give up the right to apply for cancellation of registration, applicant should provide mortgages, easement rights, advance registration rights holders agree to written material. Second section collective land ownership registration 29th article collective land ownership registration, in accordance with following provides proposed application: (a) land belongs to village farmers collective of, by village collective organization on behalf of application, no collective organization of, by village Committee on behalf of application; (ii) land respectively belongs to village within two a above farmers collective of, by village within the collective organization on behalf of application, no collective organization of, by villagers Group on behalf of application; (three) land belongs to Xiang (town) farmers collective of,

By the township (town) collective economic organizations for application.

30th application for first registration of collective land ownership, shall submit the following materials: (a) land tenure source materials, (ii) the right to address the boundaries of cadastral surveys, maps and coordinates, and (iii) other necessary materials.

31st article farmers collective for swap, and land adjustment, reasons led to collective land ownership transfer, application collective land ownership transfer registration of, should submitted following material: (a) real estate ownership certificate; (ii) swap, and adjustment agreement, collective land ownership transfer of material; (three) this collective organization two-thirds above members or two-thirds above villagers representative agreed of material; (four) other necessary material.

Article 32nd collective land ownership changes, cancellation of registration of the application, shall submit the following materials: (a) real property ownership certificate, (ii) the collective land ownership changes, eliminating material, (iii) other necessary materials.

Section III State-owned construction land use right and house ownership register 33rd made use of State-owned land use right according to law, can apply for registration of State-owned construction land individually.

Use of State-owned land to build houses according to law, can apply for registration of State-owned construction land and home ownership.

34th applying for first registration of State-owned construction land, shall submit the following materials: (a) land tenure source materials, (ii) the right to address the boundaries of cadastral surveys, maps and coordinates and (iii) land price and land rent, taxes, payment vouchers and (iv) other necessary materials.

Land ownership of source material in the preceding paragraph, according to the different rights, including State-owned construction land transfer decision, the State-owned construction land use right grant contract, State-owned construction land lease contracts as well as the use of State-owned land use rights to make contributions (share), authorization approval documents.

Applied for on the ground or underground separate registration of use of State-owned land, in accordance with the provisions of this article.

35th applying for registration of State-owned construction land and home ownership for the first time, the following documents shall be submitted: (a) land tenure real estate ownership certificate or source materials, (ii) is compatible with the planning of construction project materials; (c) the material of the housing has been completed and (iv) property survey or a survey report (v) relevant tax payment voucher (vi) other necessary materials. Article 36th home ownership for first registration, the applicant shall by law belong to the owners of the building area roads, green areas, other public areas, public facilities and property management services and within the use of the land be registered as owners.

Transfer of ownership of, its rights of common parts transferred according to law.

37th article application state-owned construction with to right and the housing ownership change registration of, should according to different situation, submitted following material: (a) real estate ownership certificate; (ii) occurred change of material; (three) has approved right of Government or competent sector of approved file; (four) State-owned construction with to right transfer contract or added agreement; (five) State-owned construction with to right transfer price, and tax, paid voucher; (six) other necessary material.

38th article application state-owned construction with to right and the housing ownership transfer registration of, should according to different situation, submitted following material: (a) real estate ownership certificate; (ii) sale, and swap, and gift contract; (three) inherited or by legacy of material; (four) segmentation, and merged agreement; (five) Court or Arbitration Committee entered into force of legal instruments; (six) has approved right of Government or competent sector of approved file; (seven) related tax paid voucher; (eight) other necessary material.

Contract of sale of immovable property according to law shall be filed, applicants applying for registration must be submitted to the record contract.

39th independent value of a particular space and docks, depots and other buildings and structures of ownership of registration, in accordance with the rules for the implementation of housing ownership registration in the relevant regulations.

Fourth quarter and housing registration 40th shall acquire ownership of Homestead Homestead, you can apply for registration of land.

Homestead housing and ancillary facilities in accordance with law, may apply for registration of ownership of land and housing.

41st article application Homestead right and the housing ownership first registration of, should according to different situation, submitted following material: (a) applicants ID and booklet; (ii) real estate ownership certificate or has approved right of Government approved with to of file, ownership source material; (three) housing meet planning or construction of related material; (four) right nationality survey table, and cases map, and housing plane figure and cases boundary site points coordinates, about real estate boundary, and area, material; (five) other necessary material.

42nd article for law inherited, and separation analysis produced, and collective organization internal swap housing, led to Homestead right and the housing ownership occurred transfer application registration of, applicants should according to different situation, submitted following material: (a) real estate ownership certificate or other ownership source material; (ii) law inherited of material; (three) separation analysis produced of agreement or material: (four) collective organization internal swap housing of agreement; (five) other necessary material.

43rd application for housing, such as collective ownership of buildings on the land register, refer to state-owned construction land and provisions for the registration of the condominium.

The fifth Festival of collective construction land use right and building, structure, registration of ownership in the 44th collective construction land use right according to law, you can apply for registration of collective construction land use right.

Enterprise use of collective-owned construction land according to law, the construction of public facilities, engaged in public welfare undertakings may apply for collective construction land registration and ownership of buildings and structures on the ground.

45th article application collective construction with to right and the buildings, and structures ownership first registration of, applicants should according to different situation, submitted following material: (a) has approved right of Government approved with to of file, land ownership source material; (ii) construction engineering meet planning of material; (three) right nationality survey table, and cases map, and housing plane figure and cases boundary site points coordinates, about real estate boundary, and area, material; (four) construction engineering has completed of material; (five) other necessary material.

Collective construction land use right after the registration is completed for the first time, applicants applying for first registration of ownership of buildings and structures, shall submit a collective construction land ownership certificate of real estate.

46th applications for collective construction land and buildings and structures change of ownership registration, transfer registration, cancellation of registration, the applicant shall, depending on the circumstances, submit the following documents: (a) real property ownership certificate, (ii) the collective construction land use right and building materials, structure change of ownership, transfer, termination, and (iii) other necessary materials.

Due to corporate mergers, bankruptcy and other causes of collective construction land use right transfer and ownership of buildings and structures, the applicant shall have the approval documents of the relevant agreement and the relevant departments, and other related materials, apply for registration of real estate transfers.

Sixth section land contracting right registration 47th article contracting farmers collective of arable land, and woodland, and grass, and waters, and beach and mountain, and shortage ditch, and waste hills, and wasteland, agricultural to, or national all law by farmers collective using of agricultural to engaged in planting, and forestry, and livestock, and fisheries, agricultural production of, can application land contracting right registration; ground has forest, and forest of, should in application land contracting right registration Shi together application registration.

On the 48th lawfully contracted in the land for farming or aquaculture production activities may apply for first registration of contractual operation right of land.

Family first registration of contractual operation right of land contract made, with land contracting and management contracts and other materials by a Contracting Party applies.

Bid invitation, auction and public consultation, including contracting of rural land, with land contracting and management contracts by the Contracting Party applying for first registration of contractual operation right of land. 49th article has registration of land contracting right has following case one of of, Contracting Party should holding original real estate ownership certificate and other confirmed occurred change facts of material, application land contracting right change registration: (a) right people of name or name, matters occurred changes of; (ii) Contracting land of is located, and name, and area occurred changes of; (three) Contracting term law change of; (four) Contracting term expires, land contracting right people according to national about provides continues to contracting of; (five) returning also forest

, Returning cropland to grass Lake, led to land use change (vi) changes such as forest and forest tree species, and (VII) other circumstances as stipulated by laws and administrative regulations.

50th article has registration of land contracting right occurred following case one of of, party both should holding swap agreement, and transfer contract, material, application land contracting right of transfer registration: (a) swap; (ii) transfer; (three) for family relationship, and marriage relationship changes, reasons led to land contracting right segmentation or merged of; (four) law led to land contracting right transfer of other case.

Based on household contract acquired land, take the circulation of the transfer, the materials should also provide the employer agrees.

51st article has registration of land contracting right occurred following case one of of, Contracting Party should holding real estate ownership certificate, and confirmed out lost of material,, application cancellation registration: (a) contracting business of land out lost of; (ii) contracting business of land was law to construction with to of; (three) Contracting right people lost contracting business qualification or gave up contracting right of; (four) legal, and administrative regulations provides of other case.

52nd to contract other than the legitimate use of the State-owned agricultural land in State-owned farms, pasture, and the use of State-owned waters, beaches and other areas of agricultural land for agricultural production, applications for registration of State-owned agricultural land, reference to these rules for the implementation of the relevant provisions.

State-owned farms, pasture application for State registration of unused land, in accordance with the provisions of the preceding paragraph.

53rd State-owned forest land registration shall submit the approval document of the approval authority or the competent Department of the people's Government, forests, trees be registered.

Seventh sea maritime right of registration article 54th made, can apply for registration of sea areas alone.

Legal use of sea areas, construction of buildings and structures in the waters, shall apply for registration of right to use maritime space and ownership of buildings and structures.

Application for registration of Islands with no residents, reference area registration regulations.

55th maritime right of first registration of the application, the following documents shall be submitted: (a) project approval document of the sea waters or assignment of the right to contract, (ii) Zong Haitu and boundary point coordinates, (iii) sea area use gold to pay or credit voucher and (iv) other necessary materials.

56th article has following case one of of, applicants should holding real estate ownership certificate, and waters right change of file, material, application waters right change registration: (a) waters using right people name or name change of; (ii) waters is located, and name occurred changes of; (three) change waters using location, and area or term of; (four) waters right continued period of; (five) total nature change of; (six) legal, and administrative regulations provides of other case.

57th article has following case one of of, applicants can application waters right transfer registration: (a) for enterprise merged, and Division or and others joint venture, and cooperation business, and pricing shares led to waters right transfer of; (ii) law transfer, and gift, and inherited, and by legacy waters right of; (three) for court, and Arbitration Committee entered into force legal instruments led to waters right transfer of; (four) legal, and administrative regulations provides of other case.

58th article application waters right transfer registration of, applicants should submitted following material: (a) real estate ownership certificate; (ii) waters right transfer contract, and inherited material, and entered into force legal instruments, material; (three) transfer approved made of waters right, should submitted original approved with sea of marine administrative competent sector approved transfer of file; (four) law need fill make waters using gold of, should submitted waters using gold paid of voucher; (five) other necessary material.

59th maritime right of cancellation of registration of the application, the applicant shall submit the following documents: (a) the original ownership certificate of real estate, (ii) maritime right of eliminating material, (iii) other necessary materials.

For land reclamation led to sea loss, the applicant should be around after the completion of reclamation works, in accordance with the provisions of the implementing regulations apply for registration of State-owned land, and maritime right of cancellation of registration.

Eighth section easement registered 60th easement rights as agreed, the parties may need service and the servient immovable property ownership certificate, easement contracts and other necessary documents to apply for registration of an easement for the first time.

61st article by law registration of to service right occurred following case one of of, party should holding to service right contract, and real estate registration proved and confirmed change of material, necessary material, application to service right change registration: (a) to service right party of name or name, occurred changes; (ii) total nature change of; (three) needed service to or for service to natural status occurred changes; (four) to service right content change of; (five) legal, and administrative regulations provides of other case.

Servient divided transfer for the registration, transfer of part of easements, should be by assignees and easement is easement together apply for alteration registration.

62nd registered easements for land, construction land use right transfer transfer, the Parties shall take the real estate registration certificate, easement transfer contracts and other necessary materials, apply for registration of transfer of easement. Applications to transfer registration service, or service you want to segment the transfer, the transfer of part of the registered easement, the parties concerned shall apply for registration of transfer of easement together, but unless otherwise agreed by the parties. Party refuses to apply for transfer of registration of an easement, it shall issue a written material.

Real estate registration agency for transfer of registration, should apply for both easements cancellation of registration.

63rd article has registration of to service right, has following case one of of, party can holding real estate registration proved, and confirmed to service right occurred eradication of material, necessary material, application to service right cancellation registration: (a) to service right term expires; (ii) for service to, and needed service to attributed to same people; (three) for service to or needed service to out lost; (four) Court, and Arbitration Committee of entered into force legal instruments led to to service right eradication; (five) law lifted to service right contract; (six) other led to to service right eradication of causes.

64th easement registered real estate agency registered items shall be separately recorded in the service you want and the servient registers. Servient, dominant tenement belonging to different real property registration authority, the Parties shall apply to the location of the servient immovable property registration registration of easements.

Where the servient real property registration department upon completion of the registration, shall notify matters related to the location of the service you want to real estate agencies, and recorded by the service you want to register.

After the establishment of an easement, occurs before the first registration of alteration, transfer, the Parties shall submit relevant materials, have been altered, or transfer of the easement directly applying for first registration.
Nineth section mortgage right registration 65th article on following property for mortgage of, can application handle real estate mortgage registration: (a) construction with to right; (ii) buildings and other land attached real; (three) waters right; (four) to tender, and auction, and public consultations, way made of Heath, land contracting right; (five) is built of buildings; (six) legal, and administrative regulations not ban mortgage of other real estate.

To use of land for construction, maritime right of mortgage, the building, structure, land, waters shall be mortgaged; mortgage of buildings and structures, the construction of buildings and structures within the land and sea use right shall be mortgaged.

66th natural persons, legal persons or other organizations to guarantee the realization of their claims, to mortgaged immovable property according to law, comprising a party real estate ownership certificate, mortgage contract and the principal contract, information necessary to jointly apply for a registration of mortgage.

A mortgage contract can be separately entered into a written contract, or a mortgage clause in the main contract. 67th of establishing multiple mortgages on the same property, real estate registration agency shall register any order processing times and recorded in the real property register.

Mortgage priority otherwise agreed by the parties, from its register.

68th article has following case one of of, party should holding real estate ownership certificate, and real estate registration proved, and mortgage right change, necessary material, application mortgage right change registration: (a) mortgage people, and mortgage right people of name or name change of; (ii) was guarantees of main claims amounts change of; (three) debt perform term change of; (four) mortgage right Shun bit change of; (five) legal, and administrative regulations provides of other case.

Secured debt type and amount of principal debt, guarantees, debt discharge period, mortgage priorities change when you apply for registration of change of mortgage if the mortgage changes will adversely affect other mortgagee, shall also submit the written consent of the mortgagee materials with their ID card or household register and other materials.

69th due to transfer of principal debt lead mortgage, the parties may hold ownership certificate of real estate, real estate registration certificates and secured transfer of principal debt agreement, creditors have to notify the debtor of materials, and other related materials, apply for registration of the transfer of mortgage.

The 70th under any of the following circumstances, parties may hold real property registration, mortgage elimination of material information necessary to apply for mortgage cancellation of registration: (a) the principal debt eradication, (ii) mortgages has been achieved; (c) the mortgagee gave up mortgage and (iv) laws and administrative regulations on mortgages to eliminate the other.

71st establishment of maximum amount mortgage, Parties shall take the ownership certificate of real estate, the mortgage contract and will continuously take place within a certain period of credit contract causes or other registration materials and other necessary materials, applying for first registration of mortgage of maximum amount.

When the party applying for first registration of mortgage of maximum amount agreed to mortgage of maximum amount prior to the establishment of existing debt into the mortgage creditor's range, shall also submit the existing debt contracts and the parties agree to the debt into the mortgage security range of written materials.

72nd article has following case one of of, party should holding real estate registration proved, and most high mortgage right occurred change of material, necessary material, application most high mortgage right change registration: (a) mortgage people, and mortgage right people of name or name change of; (ii) claims range change of; (three) highest claims amount change of; (four) claims determine of during change of; (five) mortgage right Shun bit change of; (six) legal, and administrative regulations provides of other case.

Scope of maximum amount of claim, claims, debts, duration, changes during the term when applying for a mortgage of maximum amount changes, if the change will have adverse effects on other mortgagee, the Party shall also submit the written consent of the mortgagee files with their ID card or household register and so on.

73rd when results in the highest amount of mortgage-backed bonds were identified, thus making the right changes to mortgage of maximum amount mortgage right for General, registration should be held by the parties prove, the right of mortgage of maximum amount secured claims identified materials and other necessary materials, apply for determining the registration of mortgage of maximum amount.

74th mortgage of maximum amount transferred shall bring proof of registration of real estate, part of the creditor of the materials, the parties agree to the mortgage right along with the transfer of part of the claim and the transfer of materials and other necessary materials, apply for registration of transfer of mortgage of maximum amount. Creditors transfer part claims, Party agreed most high mortgage right with part claims of transfer and transfer of, should respectively application following registration: (a) Party agreed original mortgage right people and by let people common enjoys most high mortgage right of, should application most high mortgage right of transfer registration; (ii) Party agreed by let people enjoys general mortgage right, and original mortgage right people on deductions has transfer of claims amounts Hou continues to enjoys most high mortgage right of, should application General mortgage right of first registration and most high mortgage right of change registration

And (iii) the parties agree to the original mortgagee no longer enjoys the right of mortgage of maximum amount shall apply for a mortgage of maximum amount determined in conjunction with registration and transfer of mortgage registration.

Mortgage of maximum amount of debt secured until the transferred part of the claims of creditors, except otherwise agreed by the parties, real estate registration agency shall not apply for registration of transfer of mortgage of maximum amount.

75th to building land, as well as all or part of the mortgage of a building under construction, should be applied for building land and buildings under construction the first registration of mortgage.

When the party applying for first registration of mortgages for buildings under construction, mortgage property does not include required for registration of commercial housing purchased and has handled the pre-sale filing of commercial housing.

Buildings under construction in the preceding paragraph, refers to being built, not required for first registration of ownership of houses and other buildings.

76th applying for first registration of mortgage of a building under construction, the party concerned shall submit the following documents: (a) the mortgage contract and the principal contract, (ii) the right to use of land for the construction of real estate ownership certificate, (iii) construction project planning permit, and (iv) other necessary materials.

77th alteration, transfer or termination of mortgage of a building under construction, the party concerned shall submit the following documents, apply for alteration registration, transfer registration, cancellation of registration: (a) real property registration, (ii) mortgage for buildings under construction change, transfer or termination of a material, (iii) other necessary materials.

Building the building was completed, when handling the building ownership of first registration, the parties concerned shall apply for registration of mortgage for buildings under construction to building mortgage registration.

Section 78th for commercial housing purchased the mortgage registration, shall submit the following materials: (a) the mortgage contract and the principal contract, (ii) commercial housing purchased the registration materials, and (iii) other necessary materials.

Pre-order housing handle the housing ownership after registration, the parties concerned shall apply for registration of commercial housing purchased mortgage notice to real estate mortgage of first registration.

Other registration section of the fifth chapter of correction of the registration rights of the 79th person, interested parties think errors recorded in the real property register matters, can apply for the correction of the registration.

Registration of right holders apply for a correction, shall submit the following materials: (a) real property ownership certificate, (ii) confirmed that the registration is definitely incorrect material, and (iii) other necessary materials.

Interested people apply for correction of the registration shall submit the interest material, certified real estate register records the wrong material, and other necessary materials.

80th right holders or interested parties apply for correction of registration of real estate, according to real estate agency real estate register records is definitely incorrect, shall correct it; but in the wrong registration after the rights relating to immovable property disposition of registration, except for registration and registration of the seizure.

Ownership certificate of real estate or real estate registration certificate fill in errors as well as real property registration institutions in correction of the registration, you need to correct the contents of real estate ownership certificate or proof of registration of real estate, shall notify the right people change, and renewal of real estate ownership certificate or proof of registration should be recorded in the register.

Recorded in the register of real estate right registration agencies are not correct and notify the applicant in writing. 81st real estate registration agency found errors recorded in the real property register matters, shall be notified to the parties within the 30 working days for correction of the registration.

Parties fails to deal with, real estate registration agency shall be announced in 15 days, be corrected by law; but in the wrong registration after the rights relating to immovable property disposition of registration, except for registration and registration of the seizure.

Section II registration article 82nd stakeholders view errors recorded in the real property register matters, the right holder does not agree with the correction, an interested person may apply for registration.

Interested persons to apply for registration, the following documents shall be submitted: (a) confirmed the registration of real property rights have an interest in the materials, (ii) confirmed that the material of the item recorded in the real property register errors, (iii) other necessary materials.

83rd real property registration Department accepts an application for registration, objections shall be recorded in the real property register, and to the applicant proof of registration.

Registration the applicant shall from the date of the dissidence registration in the 15th, and submitted to the people's Court has accepted notice of proceedings, the Arbitration Committee accept the notice, apply for arbitration materials; fails to submit, the dissidence registration failure.

After registration has expired, the applicant in respect of the same matters with the same reasons apply for registration again, real estate registration agency is not admissible. The 84th during the registration, recorded in the register of real estate rights and dispose of the right to apply for registration of the third party registration body shall inform the applicant in writing of the matters related to the rights of registration already exists.

Applicant to proceed, should be dealt with, but the applicant must provide it knows the registration written commitment exists and is at your own risk.

Section III registration of the 85th under any of the following circumstances, a party may apply for advance notice registration in accordance with the contract: (a) the advance sale of commercial real estate; (b) sale of real property, mortgage, and (c) of commercial housing purchased the mortgage and (iv) other circumstances as stipulated by laws and administrative regulations.

Effective period of the registration, without the written consent of the owner of the registration, and dispose of the right to apply for registration of real estate, real estate registration organ shall not process.

After registration, claims did not destroy and can carry out the corresponding registration within 3 months from the date of, the party applying for registration of real estate, real estate registration agency shall be registered in accordance with the corresponding registration matters.

86th to apply for registration of commercial housing purchased, shall submit the following materials: (a) documented sales contract, (ii) on registration of notice agreed by the parties, and (iii) other necessary materials.

Presale and purchaser enter into commodity contracts, booking is not in accordance with the contract with the buyer to apply for registration, the purchaser may apply unilateral registration.

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 material. Application for registration of commercial housing has provided mortgages for buildings under construction on first registration, the parties concerned shall apply for the corresponding mortgage cancellation of registration of buildings under construction, and submit the transfer material, proof of registration of real estate ownership.

Registration agencies are encouraged to apply for mortgage cancellation of registration of buildings under construction, repeat the registration.

Section 87th for transfer of real estate registration, the Parties shall submit the following documents: (a) real property transfer contracts and (ii) the transferor of real property ownership certificate, (iii) when the parties have agreed on registration and (iv) other necessary materials.

88th mortgaged real property, applications for registration, the Parties shall submit the following documents: (a) the mortgage contract and the principal contract, (ii) real estate ownership certificate, (iii) when the parties have agreed on registration and (iv) other necessary materials.

89th article notice registration not due, has following case one of of, party can holding real estate registration proved, and claims eradication or right people gave up notice registration of material, and legal, and administrative regulations provides of other necessary material application cancellation notice registration: (a) notice registration of right people gave up notice registration of; (ii) claims eradication of; (three) legal, and administrative regulations provides of other case.

The fourth seizure of registration article 90th require registration of real estate registration agency for the seizure, shall submit the following materials: (a) staff of the Court cards, (ii) to assist the enforcement notice, and (iii) other necessary materials.

91st more court seized of the same real property, real property registration institutions should first serve to assist implementation of the people's courts ' handling of the seizure of the notice registered to served notice for assistance in the implementation of the people's courts handle seized on the waiting register.

Waiting attachment order of registration in accordance with the notices of people's Court to assist in the implementation of the real estate registration agency arranged chronologically.

92nd seized during court lifted seizure, real estate registration agency shall promptly seized registration cancelled under letters of people's Court to assist in the implementation.

Expiry of the immovable property seized, not continued by the court seized registration failure.

93rd other countries such as the people's procuratorates are entitled to according to law requires registration of real estate registration agency for the seizure, reference to the provisions of this section.

  The sixth chapter registration information query, protection and utilization of the 94th Realty registration information including: (a) real property registration in the register of real estate results, (ii) real estate registration data, including applications for registration, applicants, identity materials, sources, registration of real estate ownership reasons, registration of rights to real property cadastral survey results and other material as well as real estate agencies audit materials. Real estate information managed by the real estate registration agency.

  Real estate registration agency shall establish a registration information management system, and information on safety and security, building real estate registration data security standards of the real estate registration materials storage areas.

Registration of real estate belonging to the filing range, in accordance with the relevant provisions of laws and administrative regulations for filing, and the specific measures formulated by the competent Department of the Ministry of land and resources of the national archives separately.

95th real property registration institutions should strengthen information construction of real estate registration, in accordance with the unified management platform of real estate registration information requirements and technical standards, data integration, system construction and service work, strengthening the real estate registration information product development and technical innovation, improve the social benefits of registration. Real property registration institutions at all levels should take measures to ensure the registration of information security.

No unit or individual may disclose registration information.

96th real estate agencies, real estate agency build interconnected real estate information and transaction information-sharing mechanisms to ensure orderly convergence of real estate registration and transaction. Real estate agency real estate transaction information should be provided in a timely manner to real estate agencies.

Real property registration department upon completion of the registration, registration information should be provided in a timely manner to the real estate agency.

The 97th State shall implement registration information query system.

Right holders, interested parties in accordance with the regulations stipulated in the 27th of legal queries, copy of registration information, shall apply to register with the real estate registration real estate.

Rights holders can query, copy its registration information.

For real estate transactions, inheritance, litigation and other interested parties may query, copy nature of real estate, rights and attachment of real estate, mortgage, registration, registration and other conditions.

The people's Court, people's Procuratorate, the State security organ, the supervisory organ may, in accordance with a query, copy and investigate and deal with matters relating to the registration of real estate information.

Other relevant State bodies carrying out their duties in accordance with the query, copy of registration information, in accordance with the provisions of this article.

Queries that involve State secrets of real estate registration information, in accordance with the relevant provisions of the law on guarding State secrets.

98th patent holder or interested people to apply for query, copy registration information should submit the following documents: (a) query application; (b) the objective description of the query; (c) the identity of material and (iv) the interested query, submit materials confirmed the existence of a stake. Right holders, interested parties commissioned others to query, should also be submitted to the agent's identity documents, power of attorney.

Right person to query its registration information without providing objective description of the query.

Enquiries about the contents of State organs should be provided with staff members of the unit to assist the inquiry materials, work permits.

99th article has following case one of of, real estate registration institutions not query, and written told reason: (a) application query of real estate not belongs to real estate registration institutions jurisdiction range of; (ii) query people submitted of application material not meet provides of; (three) application query of subject or query matters not meet provides of; (four) application query of purpose not legal of; (five) legal, and administrative regulations provides of other case.

100th query application to comply with the provisions of the implementing regulations, real estate registration agency shall provide on the spot the query because of special circumstances, cannot give the query should provide queries within 5 working days.

101th query query registration information, registration should be at set locations.

Real estate registration set by the original information may not be taken away from the site.

Query when the query is in the real estate registration information should be maintained in good condition, no loss, break up, change their registration data, extraction, soiled or damaged to query the device. 102th searchers may consult, transcribe the real estate registration information.

Query request to copy real estate information, real estate registration agency shall provide a copy. People who require proof of query results, real estate registration Department shall issue the query results show.

Certificate shall indicate the query results the query object and date, and cancelled with the Special seal for registration of real estate agencies.

Seventh chapter legal responsibility 103th article real estate registration institutions staff violation this implementation rules provides, has following behavior one of, law give disposition; constitute crime of, law held criminal: (a) on meet registration conditions of registration application not registration, on not meet registration conditions of registration application be registration; (ii) unauthorized copy, and tampered with, and damage, and forged real estate registration book; (three) leaked real estate registration information, and registration information; (four) no due reason refused to applicants query, and copy registration information;

(E) rights holders mandatory replacement of the ownership certificate. 104th article party violation this implementation rules provides, has following behavior one of, constitute violation security management behavior of, law give security management punishment; to others caused loss of, law bear compensation responsibility; constitute crime of, law held criminal: (a) used provides false material, cheat means application registration; (ii) used cheat means application query, and copy registration information; (three) violation national provides, leaked real estate registration information, and registration information; (four) query people lost, and apart, and replacement, and

Extraction, defaced registration information (v) unauthorized places of registration information from the query, queries the device for damage. Before the implementation of these rules are the eighth chapter supplementary articles article 105th, remain valid for all types of real estate ownership certificate issued in accordance with law.

Transfer of immovable property rights have not changed, and real estate registration agency shall not require the obligee of replacement of real property ownership certificate. Registration period, the Ministry of agriculture in collaboration with the Ministry of land and resources and other departments responsible for the harmonization of contractual operation right of rural land registration, in accordance with the relevant provisions of the Ministry of agriculture for land contractual operation right of land registration.

Registration after the transition period, by the Ministry of land and resources is responsible for directing the contractual operation right of rural land registration.

106th Realty Trust registration is required by law, by the Ministry of land and resources in conjunction with the departments concerned separately.

107th army real property registration, the application materials after the examination by the army's real estate Department, in accordance with the provisions of the implementing regulations.

108th these rules come into force on the date of promulgation.