Precautions for initial registration of commercial housing

The initial registration of commercial housing refers to the first registration of housing ownership, which is essentially an administrative "confirmation" of housing registration matters. The initial registration of commercial housing can make the property rights of housing clearer, regulate the order of commercial housing trading market more effectively, and safeguard the legitimate rights and interests of obligees. The initial registration of commercial housing has a special position in the whole housing registration. It is the first confirmation of house property right after the house is completed, and it is the source of house transfer registration, mortgage registration, change registration and cancellation registration. In addition, the publicity and credibility of housing property rights also require housing registration agencies to perform reasonable and prudent review obligations during the initial registration of commercial housing. From the practical point of view, this paper discusses the contents that registration agencies should focus on in the initial registration of commercial housing from two aspects: the written examination of registration materials and the on-the-spot inspection of the houses applying for registration.

First, the key issues to be grasped in the written examination review.

On the basis of collecting the materials required for the initial registration of commercial housing according to the Measures for Housing Registration and the Technical Specification for Real Estate Registration, the registration agency should pay special attention to the following information when reviewing the relevant materials.

1. Do you have epilepsy?

According to the Notice of the Supreme People's Court, Ministry of Land and Resources and Ministry of Construction on Several Issues Concerning Standardizing the Implementation of People's Courts and the Assistance of Land and Resources and Real Estate Management Departments (hereinafter referred to as the "Notice"), seizure generally refers to the seizure of real estate that has been registered by the people's courts according to law, obtained a real estate ownership certificate, and the obligee is clear. Therefore, before the initial registration of commercial housing, there should generally be no seizure. However, according to Article 15 of the Notice, pre-sealing can be carried out in the following three cases: (1) houses that have been approved for pre-sale of commercial housing but have not yet been sold; (2) The house purchased by the person subjected to execution has been initially registered by the real estate development enterprise; (3) The house purchased by the person subjected to execution has gone through the registration and filing procedures for the pre-sale contract of commercial housing or the pre-sale registration of commercial housing. Therefore, there may be pre-seizure before the initial registration of commercial housing.

So can the initial registration of commercial housing be carried out under the condition of pre-sealing? According to the Supreme People's Court's interpretation of the document on the execution of real estate-Fa Fa Fa Fa [2004] No.5, "Pre-sealing up refers to a pre-restricted registration made by the people's court for the property whose ownership has not been registered but may be registered in the future". "The difference between pre-seizure and seizure: First, the people's court cannot handle the pre-seizure of real estate; Second, during the pre-seizure period, the registration authority may not register the pre-seized real estate in the name of the person subjected to execution. During the pre-seizure period, once the ownership of the real estate is registered in the name of the executed person, the pre-seizure will be automatically turned into seizure. " Therefore, during the pre-seizure period, the property can be registered in the name of the person subjected to execution, which means that the initial registration procedures can be handled. In practice, before the initial registration, we should pay attention to check whether the building has been pre-sealed; If there is pre-seizure, after the initial registration, it is necessary to check whether the pre-seizure information in the property table has been converted into the seizure information in the register to avoid omission.

2. Is the project under construction mortgaged?

According to Article 62 of the Measures for the Registration of Houses, after the project under construction is completed and the initial registration of house ownership is handled, the parties concerned shall apply for the transfer of mortgage right of the project under construction to be registered as house mortgage. Therefore, at the time of initial registration, if there is a mortgage for the project under construction, there is also the problem of pre-conversion. Before the initial registration, the limited information of the mortgage of the construction in progress is only displayed in the property right table. If the pre-conversion is not carried out in time, the mortgage information will not be displayed in the registration book. In this time difference, the house may be sealed up or transferred by the court, and the interests of other rights holders will not be guaranteed. Therefore, we must pay attention to check the status of the property list and inform the parties to go through the pre-conversion procedures for the projects under construction.

In the process of pre-cashback, we should pay attention to the following: First, ensure that the contents of mortgage right of projects under construction remain unchanged, including mortgage scope, guarantee scope and guarantee amount. Second, ensure that the mortgage order remains unchanged.

3 whether the construction is carried out in accordance with the planning permission and land certificate.

Article 22 of the "Measures for Housing Registration" stipulates that the registration institution shall not register if it has not obtained the planning permission or has not carried out the construction according to the planning permission. There are two main situations: first, those who have not obtained the planning permit will not be registered. Second, if it is inconsistent with the planning permission, it will not be registered. To obtain a planning permit for a construction project, it is necessary to check whether the construction subject is consistent with the applicant, whether the house is built in accordance with the area permitted by the planning, and whether there are illegal situations such as building more buildings and adding more floors. Inconsistent, the illegal part will not be registered.

The verification of land certificate mainly depends on the nature of land. If the land use is only residential, it should not be registered in the commercial housing registration agency in the community. If the developer applies to use the commercial house as a supporting project for public construction in the community, it can be registered as a supporting project for public construction.

4. Does the supporting construction of public buildings meet the requirements of supporting projects of public buildings?

According to Article 3 1 of the Measures for Housing Registration, when a real estate development enterprise applies for the initial registration of housing ownership, it shall apply for the registration of public places, public facilities and property service houses legally owned by all owners within the building division, which shall be recorded in the housing register by the housing registration agency, and no housing ownership certificate shall be issued. In other words, public housing facilities should be registered with the initial registration certificate of commercial housing at the same time, with the developer as the applicant and all the owners as * * *.

How to determine whether it is a public building? According to the requirements of the document number. [20 10]53 Notice on Further Strengthening the Supervision of the Real Estate Market and Perfecting the Pre-sale System of Commercial Houses. The conditions for the delivery of commercial houses should include: the project has passed the completion acceptance and filed with the local competent authorities, the supporting infrastructure and public facilities have been completed and meet the use requirements, the installation of household heat metering devices in the northern region meets the design requirements, the system of residential quality guarantee and residential instruction manual has been implemented, and the main body responsible for the quality of commercial houses is clear. Generally speaking, before the delivery of the community, the public building facilities have been put on record and accepted by the competent construction department. Therefore, the housing registration agency only needs to check the public building facilities identified by the construction authorities, whether the area is correct and whether the projects are consistent, and register them one by one.

In addition, for the profit-making business premises in public supporting projects such as supermarkets and restaurants, according to Article 6 of the Interim Measures for the Administration of Commercial Housing Prices of the Ministry of Construction, the construction costs of business premises and facilities in residential quarters are not included in the price of commercial housing. In practice, we can register such houses as investors' ownership, and issue house ownership certificates at the same time.

5. Is there a phenomenon of repeated registration?

The initial registration of houses cannot be repeated. In practical work, commercial housing projects are obtained by bidding, auction and hanging. Due to demolition factors, there may be unregistered property rights within the scope before project development. If the initial registration is not audited, it will conflict with the contents recorded in the original register, resulting in asymmetric information in the register. For example, when Wuxi handles the initial registration certificate, it takes the receipt certificate of demolition data issued by the real estate archives management department as an important element. The function of the receipt certificate of demolition data is mainly used to indicate that there is no housing registration information on the original demolition plot or that although there is housing registration, the house demolition has been cancelled. Through the real estate archives management department to investigate the real estate archives within the scope of the project, if there is no housing registration information for the initial registered plot, a certificate of receiving the demolition information will be issued; If there are registered houses in this area, find out the reasons, and if the houses are lost due to demolition and other reasons, recover the real estate license and cancel the registration; If the property still exists, it will not be issued to avoid repeated issuance.

Second, the key points to be grasped in the field trip

The initial registration of commercial housing is the first record of physical objects in the register. Without field inspection, it is difficult to ensure the accuracy and credibility of the recorded information. The field trip should focus on the following matters.

1. Is the location and area consistent with the information recorded in the land use certificate?

We should check whether the building is beyond the scope of the land and whether the location is correct according to the specific road name, river course and other information marked on the attached map of the land certificate.

2. Whether the name and house number are consistent with the information in the certification documents.

Check whether the house number is consistent with the registration one by one according to the house number certification documents. Especially for large-scale buildings and villa buildings, the number of buildings is large and the inspection is difficult. We should strengthen our sense of responsibility and check one by one to ensure accuracy.

3. Whether the current situation is consistent with the information of the house completion certificate.

From the point of view of real right acquisition, housing completion is the premise of delivery and the necessary condition for the realization of real property right. In practice, in addition to taking the house completion certificate as a mandatory receipt, it is still necessary to check the house completion on the spot.

4. Whether the status quo is consistent with the certification information of the construction project in line with the plan.

Check whether there is illegal construction in the building according to the description of the building in the surveying and mapping drawings and planning certificates. Such as: addition and reconstruction. By comparing the current situation with the chart, it is confirmed whether it is a total violation or a partial violation.

5. Whether the information recorded in the public supporting housing is consistent with the corresponding certification materials.

According to the surveying and mapping report, public building facilities project acceptance certificate, list the public building facilities, and mark the specific location on the floor plan, and check the supporting projects of public buildings one by one.

Ma Zhigang/Editor in Chief