House registration code (for trial implementation), 20 14, when will it be implemented?

65438+1On October 28th, Beijing Municipal Commission of Housing and Urban-Rural Development publicly solicited opinions from the public on the revised draft of Beijing Housing Registration Work Specification (Trial). The Code for Housing Registration in Beijing (Trial) (J.J. [2007] No.827) was formulated and promulgated by the Municipal Housing and Urban-Rural Development Committee on February 26th, 2008, and came into force on February 20th, 2009. With the development of the real estate market in our city, there are some new problems in housing registration, which need to be standardized and clear; 20 12 the Ministry of housing and urban-rural development issued the national industry standard "technical specification for real estate registration", which refined the process and requirements of housing registration. In addition, with the deepening of the implementation of the property law, judicial practice has also made a clear judgment on housing registration related issues.

The revised draft of the Municipal Commission of Housing and Urban-Rural Development, which is open to the public for comments, mainly revised the original norms from the perspectives of facilitating people's work, reducing administrative risks and safeguarding the legitimate rights and interests of housing rights holders, and introduced a number of convenience service measures to simplify housing registration procedures and improve the efficiency and quality of housing registration.

Several issues that need to be explained:

1. The relationship between the revised draft and the unified registration of real estate. The Plan for Institutional Reform and Functional Transformation in the State Council, which was deliberated and adopted at the Second Plenary Session of the 18th CPC Central Committee, and the 3rd1th executive meeting in the State Council decided to integrate the real estate registration responsibilities and establish a unified real estate registration system. The revised draft is a normative document to regulate housing registration. Considering that housing registration is closely related to the masses, we can't stop working for a day. Before the introduction of relevant plans in Beijing, housing registration is still carried out according to the current model. After the relevant plan of Beijing is issued, it will be adjusted according to the work arrangement.

2. The treatment of special houses in the revised draft. The state and the city have some special regulations on the registration management of housing reform, affordable housing, office buildings of central state organs and military real estate. In view of the many departments and policies involved, the revised draft will not be listed one by one. The registration management of the above-mentioned houses shall be implemented in accordance with the revised draft and relevant regulations.

3. The relationship between the revised draft and the purchase restriction policy. At present, the city implements the housing purchase restriction policy, which has certain requirements for the qualifications of buyers. The revised draft only stipulates the general requirements for housing registration. If the content of purchase restriction is involved, if there are special regulations in our city, it shall still be implemented according to relevant regulations.

Measure 1: Increase the filing requirements for newly-built commercial housing after initial registration, so as to facilitate buyers to unilaterally apply for real estate licenses in the future. For newly-built commercial housing, according to the regulations, the development enterprise shall handle the initial registration first, and then handle the transfer registration for the purchaser. Due to the large number of buyers, development enterprises apply in batches; Moreover, because both buyers and sellers need to apply for registration at the same time, in the case of uncooperative development enterprises, buyers can not handle their own property certificates alone. In order to facilitate property buyers to register their property rights in time, the revised draft stipulates that after completing the initial registration of houses, real estate development enterprises should go through the formalities of housing transfer registration with the housing registration department, and submit the application materials such as identity certificates and power of attorney that enterprises should submit to the registration department in advance. At that time, the purchaser can apply for the property right certificate at any time by himself with his identity certificate, sales contract and other related materials, but if the address, area and price of the house change, he should also submit a supplementary agreement signed with the development enterprise.

This requirement not only makes it convenient for buyers to register property rights at any time according to their own time schedule, but also reduces the burden of development enterprises to assist buyers in handling transfer registration many times; At the same time, through the way of "merging similar projects", the number of copies of application materials is greatly reduced, which not only reduces the audit workload of applicants, but also reduces the burden of registration files.

Initiative 2: The revised draft cancels the requirement that the gift contract must be notarized. The stipulation that the gift contract must be notarized began at 199 1. The Joint Notice on Strengthening the Notarization in the Management of Real Estate Registration issued by the Ministry of Justice and the Ministry of Construction stipulates that the inheritance and gift of real estate must be notarized before the registration of real estate. The above provisions have played an important role in preventing disputes, reducing lawsuits and ensuring the legality and authenticity of legal acts. In view of the need to pay a certain percentage of notarization fees according to the value of real estate, in recent years, some lawyers and the masses have questioned this provision, arguing that this document has no basis in superior law and should not be implemented. Considering that housing donation is an application of both donors and recipients, the registration department has been able to examine the authenticity of the donation when both parties submit the donation contract and both parties are present, so there is no need to ask for notarization. However, if the donor is unable to be present and entrusts others to handle it, the power of attorney must be notarized to ensure the authenticity of the entrustment and prevent the fake property owner from donating the house to others; If the donee is unable to be present, the power of attorney need not be notarized because the donee is a beneficiary (the above requirements are the same as the house sale).

In addition, it should be mentioned that the current housing inheritance regulations are still maintained, and the inheritance notarization is handled first, and then the housing registration is handled. The reasons are as follows: First, due to the death of the original property owner, the inheritance situation stipulated in the inheritance law is more complicated, and the heir unilaterally applies, so it is difficult for the registration department to review the legality and authenticity of the inheritance behavior, and there are many such disputes and lawsuits in practice; Second, the industry standard of the Ministry of Housing and Urban-Rural Development, Technical Specification for Real Estate Registration, also requires that the inheritance of houses should be notarized first. Therefore, the revised draft retains the original provisions.

Initiative 3: Cancel the requirement for buyers of pre-sold commercial housing to provide special maintenance fund receipts when handling transfer registration. According to Article 7 of the Property Management Regulations, owners should pay special maintenance funds in accordance with the relevant provisions of the state, that is to say, both pre-sale projects and current sales projects should pay special maintenance funds. Article 12 of the Measures for the Administration of Residential Special Maintenance Funds (DecreeNo. Ministry of Construction and Ministry of Finance 165) stipulates that the owners of commercial houses shall deposit the residential special maintenance funds into the special account of residential special maintenance funds before going through the formalities for occupancy. In order to ensure that the special maintenance funds for residential buildings are fully collected, the revised draft stipulates that when real estate development enterprises handle the initial registration of commercial houses, they will no longer distinguish whether they are pre-sale projects or not, and all of them must submit proof of payment of special maintenance funds. According to Article 35 of Beijing Property Management Measures (Order No.2 19 of Beijing Municipal People's Government), when the property is transferred, the owner shall explain the deposit and balance of special maintenance funds to the transferee, and the remaining special maintenance funds in the property sub-account shall be transferred with the property at the same time. Article 38 stipulates that if the owner transfers the property, he shall settle the relevant expenses with the property service enterprise and professional service enterprise. Therefore, under the condition of ensuring the deposit of special maintenance funds for the whole building, there is no need to collect the receipt of special maintenance funds when registering the transfer.

Measure 4: the requirement that the selling unit should issue a replacement certificate for the lost housing of the housing reform was cancelled. According to the original registration standard, if the property right certificate is lost, the property owner can declare it invalid in the newspaper and apply for a replacement. However, if the property right certificate of housing reform is lost, it can only be reissued after the original selling unit issues a certificate. The background of this provision is that some units have special agreements with employees when selling houses because the property right certificate of housing reform is handled by the units on their behalf. In order to prevent employees from listing their houses without authorization, employees' property certificates are often kept by the unit to restrain employees. The measures for the listing and sales of housing reform houses formulated by our city in early 2000 have been stipulated. If there is a special agreement with the property right unit (except for the content that has lived for five years), it should be implemented according to the agreement when listing. However, the Administrative Measures for the Transfer of Urban Real Estate in Beijing (DecreeNo. Municipal Government 135) came into effect on June 5438+February 1 day, 2003, clearly stipulating that "purchased public housing can be transferred without the consent of the original selling unit." The Property Law stipulates that the house registration book is the ownership and basis of the property right. If the property right certificate is inconsistent with the register, the register shall prevail in principle. Therefore, the original provisions have no legal basis; Second, the lost replacement certificate does not belong to the housing listing transaction, and no new registration behavior will occur; Third, after years of changes, some of the original housing reform units have been reorganized and restructured, and some have ceased to exist or even gone bankrupt. If it is really difficult and unnecessary to find the original unit to issue a certificate, the revised draft cancels this provision.

Fifth, the procedures and related materials for housing registration within the scope of collective land have been refined. Document 20 14 of the Central Committee 1 further clarified the direction and path of rural land marketization reform from the aspects of rural land confirmation, rights protection and ways to realize rights. Under the premise of conforming to the planning and use control, the rural collective construction land is allowed to be sold, leased and invested, and the market, rights and prices are the same as those of state-owned land, and the system of property right transfer and value-added income distribution of rural collective construction land is accelerated.

In order to speed up the overall development of urban and rural areas, safeguard the legitimate rights and interests of rural collective economic organizations and farmers, give farmers more property rights, truly enable farmers to realize the transformation of assets into capital, and promote the rapid development of rural economy, with the approval of the municipal government on 20 13, our commission carried out pilot housing registration within the scope of collective construction land in Haidian District, Daxing District and Pinggu District. On the basis of the experience of pilot counties, the revised draft refines the procedures and related materials for housing registration within the scope of collective land.