Regulations on the administration of housing registration

Regulations on the administration of housing registration

Chapter II General Rules

In order to standardize the registration of houses, ensure the safety of real estate transactions, and protect the legitimate rights and interests of obligees, these measures are formulated in accordance with the Property Law of People's Republic of China (PRC), the Law on Urban Real Estate Management of People's Republic of China (PRC) and the Regulations on the Planning and Construction of Villages and Market Towns.

The term "housing registration" as mentioned in these Measures refers to the act that the housing registration agency records the housing rights and other matters that should be recorded according to law in the housing register.

The competent department of construction in the State Council is responsible for guiding and supervising the housing registration throughout the country.

The competent departments of construction (real estate) of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for guiding and supervising the housing registration within their respective administrative areas.

Housing registration shall be handled by the housing registration agency where the house is located.

The term "housing registration agency" as mentioned in these Measures refers to the competent department of construction (real estate) of the people's governments of municipalities, cities and counties directly under the central government or the agency established by it to be responsible for housing registration.

The housing registration institution shall establish a unified housing registration book within its administrative area.

The housing register is the basis of the ownership and content of housing rights and is managed by the housing registration agency.

Sixth housing registration personnel should have professional knowledge suitable for their posts.

Personnel engaged in housing registration audit shall obtain the housing registration certificate issued by the competent construction department of the State Council, and hold relevant certificates.

Chapter II General Provisions

Seventh for housing registration, generally in accordance with the following procedures:

(1) application;

(2) acceptance;

(3) review;

(four) recorded in the register;

(5) Issuing certificates.

When the housing registration agency deems it necessary, it may make an announcement on the registered items.

Eighth for housing registration, should follow the principle of housing ownership and land use rights within the scope of housing occupation.

Ninth housing registration agencies shall, in accordance with the provisions of laws, regulations and these measures, determine the materials that should be submitted for housing registration and publish the catalogue of registration materials.

Tenth houses shall be registered in accordance with the basic units. The basic unit of a house refers to a house or a specific space with fixed boundaries, which can be used independently and has a clear and definite number (building number, room number, etc.). ).

Complete sets of housing within the scope of state-owned land are registered with sets as the basic unit; Incomplete houses are registered with buildings, floors, rooms and other parts with fixed boundaries as the basic unit. Villagers' houses within the scope of collective land shall be registered with independent buildings on the homestead as the basic unit; * * Villagers' houses built on the homestead shall be registered with suites, rooms and other parts with fixed boundaries as the basic unit.

Non-houses are registered with buildings, floors, suites, rooms and other parts with fixed boundaries as the basic unit.

Eleventh to apply for housing registration, the applicant shall apply to the housing registration agency where the house is located, and submit the application materials for registration.

The original application materials shall be provided. If the original cannot be provided, a copy confirmed by the relevant department to be consistent with the original shall be submitted.

The applicant shall be responsible for the authenticity, legality and validity of the application materials, and shall not conceal the real situation or provide false materials to apply for housing registration.

Twelfth applications for housing registration shall be made jointly by both parties, unless otherwise stipulated in these measures.

In any of the following circumstances, the parties may unilaterally apply for housing registration:

(a) the right to obtain a house because of the legal construction of the house;

(two) the right to housing is obtained by the effective legal documents of the people's court and the Arbitration Commission;

(3) Obtaining the right to housing through inheritance or bequest;

(four) one of the registered items listed in these measures;

(5) Loss of houses;

(six) the obligee gives up the right to housing;

(seven) other circumstances stipulated by laws and regulations.

* * * If there is a house, it must be registered * * *, and someone is registered * * *.

* * * If there is any change registration of house ownership, it can be applied by relevant * * *. However, if the nature or share of the * * * owner changes, the * * * owner * * shall apply.

A minor's house shall be registered by his guardian. Where a guardian applies for the registration of a minor's house on his behalf, he shall submit materials to prove the identity of the guardian; Where an application for registration and disposition of a minor's house is made, a written guarantee of the interests of the minor shall also be provided.

To apply for housing registration, the applicant shall use Chinese name or title. If the original submitted by the applicant is in a foreign language, a Chinese translation shall be provided.

When applying for housing registration, the client shall submit a power of attorney and identity certificate. If an overseas applicant entrusts others to apply for housing registration, the power of attorney shall be notarized in accordance with the relevant provisions of the state.

To apply for housing registration, the applicant shall pay the registration fee in accordance with the relevant provisions of the state.

If the application for registration submitted by the applicant is complete and conforms to the statutory form, it shall be accepted and a written certificate shall be issued.

If the application registration materials submitted by the applicant are incomplete or do not conform to the statutory form, it will not be accepted, and the applicant will be informed of the contents that need to be corrected.

The housing registration agency shall examine the application materials for registration, and ask the applicant whether the application for registration is the true intention of the applicant, whether the house applied for registration is owned by * * *, whether the obligee recorded in the housing register agrees to make corrections, and other relevant matters that need to be further clarified in the application materials. The query results shall be signed by the applicant for confirmation and filed.

If the housing registration agency considers that the relevant information about the application for housing registration needs further proof, it may require the applicant to supplement the materials.

The following housing registration, housing registration agencies shall conduct on-site inspection:

(1) Initial registration of house ownership;

(2) Registration of mortgage right of construction in progress;

(three) due to the loss of housing, the registration of housing ownership is cancelled;

(four) other housing registration laws and regulations should be on-site inspection.

The applicant shall cooperate with the housing registration agency for on-site inspection.

If the application for registration meets the following conditions, the housing registration authority shall register it and record the application for registration in the housing register:

(a) the applicant is consistent with the subject recorded in the materials submitted according to law;

(two) the initial registration of the house is consistent with the planning certification materials submitted by the applicant, and other registered houses are consistent with the house registration book;

(three) the contents of the application for registration are consistent with the facts proved by the relevant materials;

(four) the matters applied for registration do not conflict with the housing rights recorded in the housing register;

(5) There is no refusal to register as stipulated in these Measures.

If the application for registration does not meet the conditions listed in the preceding paragraph, the housing registration authority shall refuse to register, and inform the applicant in writing of the reasons for not registering.

Before the housing registration agency records the registration application in the housing register, the applicant may withdraw the registration application.

In any of the following circumstances, the housing registration authority shall not register:

(1) An application for registration of a building that has not obtained a planning permit or a construction permit according to law or has not been built in accordance with the planned permitted area;

(two) the applicant can not provide legal and effective proof of the source of rights or the housing rights applied for registration are inconsistent with the proof of the source of rights;

(three) the application for registration conflicts with the records of the housing register;

(four) the application for registration of the house is not specific or has no independent use value;

(five) the house has been expropriated and confiscated according to law, and the original right holder has applied for registration;

(six) during the period when the house was sealed up according to law, the obligee applied for registration;

(seven) other circumstances in which the registration is not allowed as stipulated by laws, regulations and these Measures.

From the date of accepting the application for registration, the housing registration agency shall record the application for registration in the housing register or make a decision not to register it within the following time limit:

(1) 30 working days for housing ownership registration within the scope of state-owned land and 60 working days for housing ownership registration within the scope of collective land;

(2) Registration of mortgage and easement, 10 working day;

(3) Advance notice registration and correction registration, 10 working days;

(4) Objection registration, 1 working day.

The announcement time shall not be counted within the time limit specified in the preceding paragraph. If it is necessary to extend the registration period for special reasons, it may be extended with the approval of the person in charge of the housing registration agency, but the longest period shall not exceed twice the original period.

Where laws and regulations provide otherwise for the registration period, such provisions shall prevail.

The house registration book shall record the natural conditions, rights and other matters that should be registered according to law.

House registration books can use paper media or electronic media. If you use electronic media, you should have a clear paper media conversion table and make regular backups in different places.

The housing registration institution shall, according to the records in the housing register, prepare and issue the housing ownership certificate for the obligee.

The house ownership certificate is the proof that the obligee enjoys the house right, including the House Ownership Certificate and the House Ownership Certificate. If the registered house is owned by * * *, the house registration agency shall indicate the words "owned by * * *" on the house ownership certificate.

After the advance notice registration, mortgage right registration of construction in progress and other matters stipulated by laws and regulations are recorded in the house registration book, the house registration agency will issue the registration certificate.

If the ownership certificate and registration certificate of the house are inconsistent with the records in the house register, the house register shall prevail unless there is evidence to prove that the house register is indeed wrong.

If the house ownership certificate and registration certificate are damaged, the obligee may apply to the house registration authority for renewal. Before the renewal of the house registration agency, the original house ownership certificate and registration certificate shall be recovered, and relevant matters shall be recorded in the house registration book.

If the house ownership certificate and registration certificate are lost or destroyed, the obligee may apply for a replacement after publishing a statement in the local public newspaper. If the house registration agency reissues it, it shall record the relevant matters in the house registration book. The reissued house ownership certificate and registration certificate shall be marked with the words "reissue".

Before the renewal of the ownership certificate and registration certificate of villagers' houses within the scope of collective land, the housing registration agency shall announce the renewal in the rural collective economic organizations where the houses are located.

The housing registration agency shall timely file the housing registration information and properly manage it.

The application for inquiring and copying housing registration information shall be handled in accordance with the prescribed authority and procedures.

The competent department of construction (real estate) of the people's government at or above the county level shall strengthen the construction of the housing registration information system, and gradually realize the information sharing and remote inquiry of the national housing register.

Chapter III Housing Registration on State-owned Land

Section ownership registration

To apply for the initial registration of house ownership due to the legal construction of houses, the following materials shall be submitted:

(1) Application for registration;

(2) the identity certificate of the applicant;

(3) Proof of the right to use the construction land;

(four) the proof that the construction project conforms to the plan;

(five) the certificate that the house has been completed;

(six) housing surveying and mapping report;

(7) Other necessary materials.

When a real estate development enterprise applies for the initial registration of house ownership, it shall apply for registration of the public places, public facilities and property services that belong to all owners in accordance with the law within the building division, and the house registration agency shall record them in the house register, and shall not issue the house ownership certificate.

In any of the following circumstances, the parties concerned shall apply for the registration of the transfer of housing ownership after the relevant legal documents come into effect or the facts occur:

(1) buying and selling;

(2) Interchange;

(3) gift;

(4) Inheritance and bequest;

(five) the division and merger of houses, resulting in the transfer of ownership;

(six) to invest in housing;

(seven) the division or merger of legal persons or other organizations, resulting in the transfer of housing ownership;

(eight) other circumstances stipulated by laws and regulations.

To apply for registration of house ownership transfer, the following materials shall be submitted:

(1) Application for registration;

(2) the identity certificate of the applicant;

(three) all of the housing or real estate ownership certificate;

(four) materials to prove the transfer of ownership of the house;

(5) Other necessary materials.

The materials mentioned in Item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequests, inheritance certificates, division agreements, merger agreements, legal documents that come into effect by the people's courts or arbitration committees, or other materials that prove the transfer of house ownership.

During the mortgage period, if the mortgagor transfers the ownership of the mortgaged house and applies for the registration of the transfer of the ownership of the house, in addition to the materials specified in Article 33 of these Measures, he shall also submit the identity certificate of the mortgagee, the written document of the mortgagee's consent to the transfer of the mortgaged house, and his right certificate.

Where the obligee transfers the ownership of the house or sets a mortgage on the house due to the effective legal documents of the people's court or the Arbitration Commission or the legal construction, inheritance or bequest of the house, it shall register the house in the obligee's name before handling the registration of the transfer of the ownership of the house or the registration of the establishment of housing mortgages.

If the people's court obtains the ownership of the house because of the legal documents that come into effect by the people's court or the arbitration commission, and the people's court requests the house registration agency to register in the notice of assistance in execution, the house registration agency shall handle it. The registration of a house registration institution shall be based on the legal documents in force by the people's court or the Arbitration Commission, and the registration facts shall be recorded in the house registration book.

In any of the following circumstances, the obligee shall apply for the registration of change of house ownership after the relevant legal documents come into effect or the facts occur:

(a) the name of the owner of the house has changed;

(two) the street where the house is located, the house number or the name of the house has changed;

(three) the increase or decrease of housing area;

(four) the same owner divides or merges the house;

(5) Other circumstances stipulated by laws and regulations.

The following materials shall be submitted to apply for the registration of change of housing ownership:

(1) Application for registration;

(2) the identity certificate of the applicant;

(three) all of the housing or real estate ownership certificate;

(four) materials to prove the change of facts;

(5) Other necessary materials.

In any of the following circumstances, the owner recorded in the housing register shall apply for cancellation of registration of housing ownership after the fact:

(1) The house is lost;

(2) Abandoning ownership;

(3) Other circumstances stipulated by laws and regulations.

To apply for the cancellation of registration of housing ownership, the following materials shall be submitted:

(1) Application for registration;

(2) the identity certificate of the applicant;

(three) all of the housing or real estate ownership certificate;

(four) materials to prove the loss of housing ownership;

(5) Other necessary materials.

When there are other rights in the legally registered house, if the owner abandons the ownership of the house and applies for cancellation of registration, he shall provide the written consent document of the other right holder.

After the registered ownership of the house is destroyed, if the original obligee fails to apply for cancellation of registration, the house registration agency may cancel the registration according to the effective legal documents of the people's court or the arbitration commission or the effective expropriation decision of the people's government, and record the cancellation in the house register, recover the original house ownership certificate or declare it invalid.

Section 2 Registration of Mortgage Right

If the house is mortgaged, the parties concerned shall apply for mortgage registration.

To apply for mortgage registration, the following documents shall be submitted:

(1) Application for registration;

(2) the identity certificate of the applicant;

(three) all of the housing or real estate ownership certificate;

(4) mortgage contract;

(5) Principal creditor's rights contract;

(6) Other necessary materials.

If the mortgage registration conditions are met, the housing registration institution shall record the following items in the housing register:

(a) the names of the mortgagor and the debtor;

(2) The amount of secured creditor's rights;

(3) Registration time.

Where the matters listed in Article 44 of these Measures change or the mortgage right is changed under other circumstances stipulated by laws and regulations, the parties concerned shall apply for the registration of mortgage right change.

To apply for mortgage change registration, the following materials shall be submitted:

(1) Application for registration;

(2) the identity certificate of the applicant;

(3) Certificate of ownership of the house;

(four) a written agreement between the mortgagor and the mortgagee to change the mortgage right;

(5) Other necessary materials.

Where the name of the mortgagor changes, or the street and house number where the mortgaged house is located changes, it is not necessary to submit the materials in Item (4) of the preceding paragraph.

Where an application for mortgage change registration is made due to the change of the amount of secured creditor's rights, the written consent documents of other mortgagees shall also be submitted.

If the legally registered house mortgage is transferred due to the transfer of the principal creditor's rights, the transferor and transferee of the principal creditor's rights shall submit the following materials to apply for mortgage transfer registration:

(1) Application for registration;

(2) the identity certificate of the applicant;

(3) Certificate of ownership of the house;

(four) evidence of the transfer of housing mortgage;

(5) Other necessary materials.

Under any of the following circumstances, the obligee shall apply for cancellation of mortgage registration:

(1) The principal creditor's rights are extinguished.

(2) The mortgage right has been realized;

(3) The mortgagee waives the mortgage right;

(4) Other circumstances stipulated by laws and regulations.

To apply for cancellation of mortgage registration, the following materials shall be submitted:

(1) Application for registration;

(2) the identity certificate of the applicant;

(3) Certificate of ownership of the house;

(four) materials to prove the destruction of housing mortgages;

(5) Other necessary materials.

If the house is mortgaged with a set amount, the parties concerned shall apply for registration of mortgage establishment.