On August 15, 2014, the Legislative Affairs Office of the State Council published the Interim Regulations on Real Estate Registration (Draft for Comments) (the Draft Regulations) to seek public comments. The Draft Regulations have six chapters and 30 articles, which regulate various aspects of real estate registration, including, without limitation, the subjects for registration, registration authority, real estate registration and registration procedures. The key contents of the Draft Regulations are summarized below.
Subjects for Registration
The Draft Regulations define in Article 2 that “real estate registration” should refer to the recording of the real estate property ownership and other statutory affairs in the real estate register by the real estate registration authority in accordance with the law, and “real estate” should refer to land, sea area and fixtures such as buildings and forests. Article 4 of the Draft Regulations further provides that 10 kinds of real estate rights should be subject to real estate registration: (1) collective land ownership, (2) ownership of constructions and structures (such as buildings), (3) ownership of forests and woods, (4) contracted management right of farmland, forest land and grassland, (5) right to use land for construction, (6) right to use house sites, (7) right to use sea area, (8) easement, (9) mortgage, and (10) other rights of real estate required to be registered according to relevant laws.
The Draft Regulations aim to unify the registration authorities of the real estate rights, and provide in Article 6 that the real estate registration should be made by the real estate registration authority of the people’s government of the county where the real estate is located.
Real Estate Register
The Draft Regulations provide in Chapter 2 that the real estate registration authority should establish a unified real estate register in accordance with the requirements of the Department of Land and Resources of the State Council. The real estate register should record the natural conditions (e.g., location, space and usage), ownership conditions (e.g., owner, type, term, change of ownership) and other related matters (e.g., limitation on real estate rights).
The Draft Regulations provide in Chapter 3 that the party concerned or its agent should submit the required application documents for real estate registration at the location of the registration authority. The registration authority should complete the preliminary examination on the application documents within five working days upon its receipt of such documents, to determine (i) whether such application is within its scope of registration duties; and (ii) whether the application documents are complete and in compliance with the legal form. Once the application is accepted, the registration authority would examine the application documents in accordance with the following requirements: (a) whether the contents of documents which specify the boundary, space bound and area of the real estate are consistent with the conditions of the real estate subject to registration; (b) whether the proof of origin of ownership and relevant proof materials are consistent with the content applied for registration; (c) whether there is any dispute concerning the ownership of the real estate subject to registration; and (d) whether the application violates any mandatory provisions of laws and administrative regulations. In addition, the registration authority may take on-the-spot inspection of the real estate under specific circumstances. The registration authority should complete the registration procedures within 30 days from the acceptance date of the application. The registration authority would issue an ownership certificate or registration license to the applicant upon completion of registration.
- Interim Regulations on Real Estate Registration (Draft for Comments)
- Issuing authority: Legislative Affairs Office of the State Council
- Date of issuance: August 15, 2014 / Effective date: N/A