Regulations of Shanghai Municipality on Registration of Real Estate

 2018-05-26  14


Regulations of Shanghai Municipality on Registration of Real Estate

  • Document NumberAnnouncement No. 7 of the Standing Committee of Shanghai Municipal People’s Congress
  • Area of Law Real Estate
  • Level of Authority Provincial Local Regulations
  • Date issued12-25-2008
  • Effective Date07-01-2009
  • Status Effective
  • Issuing Authority Shanghai Municipality People's Congress (incl. Standing Committee)



Announcement of the Standing Committee of Shanghai Municipal People's Congress(No. 7)
The Regulations of Shanghai Municipality on Registration of Real Estate were adopted at the 8th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on December 25, 2008, and are hereby promulgated. They shall be effective as of June 1, 2009.
The Standing Committee of Shanghai Municipal People's Congress
December 25, 2008
Regulations of Shanghai Municipality on Registration of Real Estate
(Adopted at the 8th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on December 25, 2008)
Chapter I General Provisions
Article 1 These Regulations are formulated for the purposes of normalizing the act of real estate registration, safeguarding the security of real estate transaction, and protecting legitimate rights and interests of real estate right owners, in accordance with the Real Right Law of the People's Republic of China, the Law of the Peoples' Republic of China on Land Administration, the Law of the People's Republic of China on the Administration of Urban Real Estate and other relevant laws and administrative regulations
and in the light of the actual circumstances of this Municipality.
Article 2 These Regulations apply to the real estate registration within the administrative areas of this Municipality.
The procedures for registration of rural homesteads and villagers' houses built thereon shall be separately formulated.
Article 3 In these Regulations,real estate registration means the act of a real estate registration agency, based on a client's application or the agency's authority, recording and making public the user right of construction-use land, housing property, mortgage right of real estate, right of easement and other real estate rights applicable to registration according to law, and matters related thereto; and
real estate right owner(s) means natural person(s), legal person(s) and other organization(s) that enjoy, according to law, the user right of construction-use land, housing property, mortgage right of real estate, right of easement and other real estate rights.
Article 4 The creation, alteration and transfer and extinction of real estate rights become effective from the date of registration according to law; those unregistered real estate rights take no effect, except as otherwise provided for by laws.
Where more than two rights are registered according to law on the same real estate, the sequential position shall be determined in order of the registration date recorded in the real estate register. Where otherwise prescribed by laws and administrative regulations, such provisions prevail.
Article 5 The municipal housing and land administrative department is responsible for the administration work of real estate registration in this Municipality.
Shanghai Municipal Real Estate Registry Office (hereinafter referred to as the Municipal Registry) is in charge of the routine work of this Municipality's real estate registration. The district/county real estate registry, entrusted by the Municipal Registry, shall handle specific matters of real estate registration.
The district/county housing and land administrative department shall assist the municipal housing and land administrative department in exercising supervision and administration of the district/county real estate registration work.
Article 6 The municipal housing and land administrative department shall establish the whole Municipality's uniform real estate register and registration information system, produce the uniform real estate title deed and registration certification, set the technical norms for real estate registration and make them known to the public.
The real estate registration agency shall, according to the requirements of technical norms for real estate registration and of the registration information system, keep records in the real estate register and make them public.
Chapter II General Provisions
Article 7 The real estate registration is generally handled according to the following steps:
1. application;
2. acceptance;
3. examination;
4. approval of registration and making records in the real estate register; and
5. issuance of a real estate title deed or registration certificate.
Article 8 The smallest unit for real estate registration is the basic unit of land and a house. The basic unit of land means a plot or space enclosed by the boundary of land ownership; the basic unit of a house means a house or specific space with fixed maintaining structure and an integrated function determined by planning, useable independently as well as with a clear and unique number.
Article 9 An application for real estate registration shall be made by both of the parties concerned, but may be made by one of the parties concerned under the following cases:
1. the user right of state-owned construction-use land is created in the form of allocation, granting, or leasing;
2. the user right of non-agricultural-construction-use land is created according to law on the collectively-owned land;
3. newly-built buildings;
4. inheritance or bequeathal;
5. a decision of an administrative organ on handling a dispute about the user right of construction-use land use rights has taken legal effect;
6. a judgment, ruling or mediation made by the people's court for determining the real estate ownership has taken legal effect;
7. an award or mediation made by the arbitration institution for determining the real estate ownership has taken legal effect;
8. the cases listed in Article 34 of these Regulations: and
9. other cases as may be provided for by laws and regulations.
Article 10 Application for registration of real estate jointly owned by two or more persons shall be made together by the co-owners. One of the co-owners by shares may independently apply for registration of his /her share of the real estate, but shall provide proof that other co-owners by shares give up preemption.
Article 11 Where a client entrusts an agent to apply for real estate registration, the agent shall present the client's power of attorney.
The client's legal agent who applies for registration of a real estate on behalf of the client shall submit documentation of legal proxy relationship.
Article 12 Applying for real estate registration, a party or his/her agent shall submit the registration application documents set out in these Regulations to the district/county real estate registry where the real estate is located.
Article 13 The real estate registration agency shall check the ownership certificate and other necessary documents the applicant provides, and inquire of the applicant about related registration matters.
Where an applicant submits a complete set of registration application documents, the real estate registration agency shall forthwith issue a receipt for the received documents with the application date regarded as the date of acceptance. Where an applicant submits registration application documents that are incomplete, the real estate registration agency shall notify for once in writing the applicant of the requirement for make-up, and the day on which the application documents are made complete is regarded as the date of acceptance.
Article 14 The real estate registration agency shall complete the examination of the registration application within the time period prescribed in these Regulations. Upon examination, the real estate registration agency shall record relevant matters in compliance with provisions in the real estate register, with the recording date as the date of registration.
The real estate registration agency, finding out during examination that something relating to the registration needs further proving, may request the applicant to supplement documents, and, if necessary, may make on-site check-up. The time period of on-site check-up may not exceed 20 days. The time spent by the applicant in providing supplementary documents and by the real estate registration agency in making on-site check-up is not calculated in the time period of examination.
Article 15 The applicant may withdraw the registration application before the real estate registration agency has recorded the content of real estate registration in the real estate register and made it known to the public.
Article 16 The real estate registration agency shall, according to the registration application documents submitted by the client or the documents of the administrative organ, the people's court or arbitration institution that have taken legal effect, make records and keep them permanently in the real estate register.
The real estate register shall have the following contents clearly recorded:
1. the personal or organization name of the real estate right owner;
2. the location, area, plot number and use purpose of the land;
3. the nature of land ownership, the manner of obtaining user rights and time limits for utilization;
4. the source of house ownership, architectural type, building structure, location, use purpose, storey number, serial number and time of completion; and
5. the real estate mortgage right, easement and restriction to the real estate right.
The real estate register is the basis for the ownership and contents of the real estate right. A real estate title deed and registration certificate is a proof of a person's entitlement to the real estate right. The real estate title deed and registration certification shall be consistent with the record in the real estate register. Where the real estate title deed and registration certification are inconsistent with the record in the real estate register, the latter shall prevail.
Article 17 The municipal housing and land administrative department shall issue the real estate title deed of construction-use land user rights and house ownership and bear the corresponding legal liability according to law. The Municipal Registry shall issue the registration certification of real estate mortgage right, easement and other real estate rights applicable to registration according to law.
The real estate title deed and registration certification shall not be altered.
Article 18 Where a real estate title deed or registration certificate is damaged, the real estate right owner may apply for a change to the real estate registration agency. The real estate registration agency shall examine and recall the original one before making a change.
Where a real estate title deed or registration certificate is extinguished or lost, the real estate right owner who requests re-issuance shall apply to the real estate registration agency and, through the real estate registration agency, post an announcement of the extinction or loss on the portal website of the municipal housing and land administrative department. If there is no objection 30 days after the publication or the objection does not hold water, the real estate registration agency shall re-issue the real estate title deed or registration certificate to the real estate right owner. The re-issued real estate title deed or registration certificate shall have the word of re-issued marked therein, and the original one is invalid as of the date of re-issuance.
Article 19 Only after user rights of construction-use land have gone through initial registration, may other real estate rights within the scope of the land be registered.
Only after initial registration of house ownership, may other real estate rights related to the said house be registered, except for the case of application for advance-announcement registration under the provisions of these Regulations.
Article 20 The real estate registration agency shall make a decision of denial of registration in respect to any one of the following cases:
1. illegal occupation of land;
2. belonging in illegal or temporary buildings or having illegal attached buildings;
3. being unable to provide an effective real estate right certificate;
4. dispute about ownership of the real estate is under litigation, arbitration or administrative handling;
5. conflicts between what to be registered on application and the record in the real estate register; and
6. other cases of registration denied by provisions of laws and administrative regulations.
Article 21 Where there is any one of the following cases, the real estate registration agency shall, in accordance with the documents that have taken legal effect, record relevant matters in the real estate register:
1. the people's court or an administrative organ exercises, according to law, restrictive measures such as property preservation on user rights of construction-use land and house ownership;
2. an administrative organ has made decisions on requisition of collectively-owned land, requisition of housing, recovery of user rights of the State-owned construction-use land, and on approval of construction-use land and forward sale of commodity housing, and other decisions related to real estate rights;
3. an administrative law-enforcement organ has adjudicated the bearing structure of a house damaged; and
4. an administrative law-enforcement organ has adjudicated attached buildings illegal.
Where the circumstances listed in items (3) and (4) of the proceeding clause have been rectified, the administrative law-enforcement organ shall issue a document, and the real estate registration agency shall record such matters in the real estate register.
Article 22 With regard to house lease contracts and other documents related to real estate rights, the client may register with the real estate registration agency.
Article 23 The real estate owner and the interested parties of real estate rights may apply for inquiring about and making copies of real estate registration documents. The specific procedures shall be provided by the Municipal People's Government.
Chapter III Registration of User Rights of Construction-use Land Rightsand House Ownership
Section 1 Initial Registration
Article 24 An applicant for an initial registration of the user right of construction-use land created in the form of granting or lease, shall submit the following documents:
1. application form;
2. identification paper;
3. granting contract for user rights of construction-use land, or land lease contract;
4. cadastral map; and
5. report of land survey.
The applicant for an initial registration of the user right of construction-use land created in the form of granting shall submit the certification of paid-off granting fees of user right of construction-use land and tax payment receipt in addition to documents set forth in the preceding clause.
Where renewal is approved after expiration of the term of the granted or leased user right of construction-use land, the party shall renew the initial registration thereof.
Article 25 Where the user right of construction-use land is created in the form of allocation or the user right of non-agricultural-construction-use land is created on the collectively-owned land according to law, the applicant for the initial registration thereof shall submit the following documents:
1. application form;
2. identification paper;
3. approval document of construction-use land;
4. cadastral map; and
5. report of land survey.
Article 26 The application for an initial registration of user rights of construction-use land in compliance with the following requirements shall be approved:
1. the applicant is the land user recorded in the construction-use land user right granting contract, the land lease contract or the approval document of construction-use land;
2. the land-use range, location, area and purpose in the application for registration is consistent with the record in the construction-use land user right granting contract, land lease contract or the approval document of construction-use land, cadastral map and land survey report; and
3. the case does not fall under those set out in Article 20 of these Regulations.
Article 27 After a newly-built house passes the acceptance test upon completion, the real estate right owner applying for an initial registration of ownership of the house shall submit the following documents:
1. application form;
2. identification paper;
3. the real estate title deed that records the state of construction-use land user right;
4. license of construction project planning and attached maps as well;
5. certification of acceptance test upon completion;
6. cadastral map that records the state of the house;
7. survey report of the house; and
8. other relevant documents to be submitted as required by the technical norms for registration.
A real estate developer, when applying for an initial registration of the ownership of a new-built commercial house, shall state clearly the following real estate scope and provide relevant supporting documents of,
1. the real estate the developer itself retains and the commercial housing for sale determined in sale schemes that have been filed with the housing administrative department, and
2. the real estate co-owned by proprietors and that serving as public service facilities for public interests which are determined as prescribed by laws and regulations or agreed on by the parties.
Article 28 The application for an initial registration of ownership of a house in compliance with the following requirements shall be approved:
1. the applicant is the person with the user right of construction-use land recorded in the real estate register;
2. the location, building area, use purpose, block number, story number of the house in the application for registration comply with those specified in the license of construction project planning and accord with the cadastral map and house survey report that record the state of the house; and
3. the case does not fall under those set out in Article 20 of these Regulations.
Article 29 The real estate registration agency shall, within 20 days from the date of accepting the initial registration application, complete the examination. Where the set requirements are met, the real estate registration agency shall record the initial registration items in the real estate register, and notify the real estate right owner to take out the real estate title deed. Registration shall be refused for incompliance with the set requirements and written notice given to the applicant.
When a real estate developer of newly-built commercial houses applies for an initial registration of the ownership of houses, the real estate registration agency shall state in the real estate register the real estate the developer itself retains and commercial housing for sale, and shall issue real estate deeds respectively; where there exists real estate co-owned by proprietors within the scope of the initial registration, the real estate registration agency shall state it in the real estate register, with no other real estate deed issued. The real estate registration agency shall state in the real estate register the real estate serving as public service facilities for public interests, and the party concerned shall go through the initial registration thereof separately as prescribed by laws and regulations or as agreed on.
Section 2 Transfer Registration
Article 30 Where a registered real estate has any one of the following cases, the party shall apply for a transfer registration after relevant legal documents have become effective, or the fact has occurred:
1. purchase or sale;
2. exchange;
3. bestowal;
4. inheritance, bequeathal; and
5. other cases as may be provided for by laws and regulations.
Article 31 To apply for a real estate transfer registration, the following documents shall be submitted:
1. application form;
2. identification paper;
3. real estate title deed;
4. documents certifying the transfer of real estate ownership; and
5. other relevant documents to be submitted as required by the technical norms for registration.
In a case listed in Article 21 Clause 1 Item (3) of these Regulations, a document issued by the administrative law-enforcement organ proving the completed rectification shall be submitted as well.
Article 32 The application for registration of real estate transfer that meets the following requirements shall be approved:
1. the transferor is the right owner recorded in the real estate register and the transferee is the one specified in relevant supporting documents;
2. the real estate in the application for the transfer registration is in the range of record in the real estate register; and
3. the case does not fall under those set out in Article 20 of these Regulations.
Article 33 The real estate registration agency shall complete the examination within 20 days from the date of accepting the application for a real estate transfer registration. In the case of compliance with the set requirements, transfer items shall be recorded in the real estate register and the real estate right owner notified to take out the real estate title deed; as for incompliance with the set requirements, the registration shall be denied with notice to be given in writing to the applicant.
Section 3 Alteration Registration
Article 34 Where a registered real estate has any one of the following cases, the real estate right owner shall apply for alteration registration after the fact has occurred:
1. the use purpose of real estate has changed;
2. the name of real estate right owner has changed;
3. the area of the land or the house has increased or decreased;
4. the land or house is divided or merged; and
5. other cases as may be provided for by laws and regulations.
Article 35 To apply for an alteration registration of real estate, the following documents shall be submitted:
1. application form;
2. identification paper;
3. real estate title deed;
4. documents certifying the fact of alteration; and
5. other relevant documents to be submitted as required by the technical norms for registration.
Article 36 The application for an alteration registration of real estate that meets the following requirements shall be approved:
1. the applicant is the right owner recorded in the real estate register;
2. the real estate in the application for the alteration registration is in the range of record in the real estate register;
3. the content in the application for the alteration registration is consistent with the fact of alteration certified by relevant documents; and
4. the case does not fall under that in Article 20 item (5) of these Regulations.
Article 37 The real estate registration agency shall complete the examination within 20 days from the date of accepting the application for an alteration registration. In the case of compliance with the set requirements, alteration items shall be recorded in the real estate register and the real estate right owner notified to take out the real estate title deed; as for incompliance with the set requirements, the registration shall be denied with notice to be given in writing to the applicant.
Article 38 Where the user right of construction-use land, or the house ownership alters due to the act of requisition, recovery, or confiscation made by the administrative organ or the people's court in accordance with the law, the real estate registration agency shall, on the basis of documents of the relevant administrative organ or the people's court which have taken legal effect, handle the real estate alteration registration, recording the altered items in the real estate register and notifying the real estate right owner to exchange the real estate title deed.
Section 4 Deregistration
Article 39 Where a house is lost due to collapse or demolition, the real estate right owner, when applying for deregistration of house ownership after the fact of loss has occurred, shall submit the following documents:
1. application form;
2. identification paper;
3. real estate title deed; and
4. certification of loss of house.
Article 40 Where the user right of the construction-use land acquired in the form of granting or lease terminates according to law, the original owner of the user right of the construction-use land, applying for deregistration of the real estate, shall submit the following documents:
1. application form;
2. identification paper;
3. real estate title deed; and
4. document certifying the termination of the user right of construction-use land.
Article 41 Where the user right of the construction-use land or ownership of a house terminates due to abandonment, the real estate right owner, applying for deregistration of the real estate, shall submit the following documents:
1. application form;
2. identification paper; and
3. real estate title deed.
Article 42 The application for deregistration of a real estate that meets the following requirements shall be approved:
1. the applicant is the owner of real estate right recorded in the real estate register;
2. the real estate whose deregistration is applied for is in the range of record in the real estate register; and
3. the case does not fall under that in Article 20 Item (5) of these Regulations.
Article 43 The real estate registration agency shall complete the examination within 20 days from the date of accepting the application for deregistration. In the case of compliance with the set requirements, cancellation items shall be recorded in the real estate register, with written notice given to the real estate right owner; as for incompliance with the set requirements, the deregistration is denied, with notice to be given in writing to the applicant.
Article 44 Where a party fails to apply for deregistration after a house has been lost or the user right of construction-use land has legally terminated, the real estate registration agency may carry out the deregistration, recording the cancellation matters in the real estate register based on the supporting documents provided by the housing, land, planning and other administrative departments.
Article 45 Where the user right of construction-use land or the house ownership terminates due to the act of requisition, recovery, or confiscation made by the administrative organ or the people's court in accordance with law, the real estate registration agency shall, on the basis of relevant documents of the administrative organ or the people's court which have taken legal effect, carry out the deregistration, recording the cancellation matters in the real estate register.
Chapter IV Registration of Real Estate Mortgage and Easement
Article 46 To apply for registration of creation of mortgage on real estate, the following documents shall be submitted:
1. application form;
2. identification paper;
3. real estate title deed;
4. contract for principal obligation secured by mortgage; and
5. contract for creation of mortgage.
In a case listed in Article 21 Clause 1 Item (3) of these Regulations, the document issued by the administrative law enforcement agency proving the completed rectification shall be submitted.
Article 47 To apply for registration of creation of easement, the following documents shall be submitted:
1. application form;
2. identification paper;
3. real estate title deed; and
4. contract for creation of easement
Article 48 In the case of transfer, alteration or termination of the registered real estate mortgage or easement, the party shall apply for the transfer or alteration registration or deregistration, and submit the following documents:
1. application form;
2. identification paper;
3. registration certificate of the mortgage or easement on real estate; and
4. document certifying the transfer, alteration or termination of the mortgage or easement on real estate.
Article 49 The application for registration of the mortgage or easement on real estate in compliance with the following requirements shall be approved:
1. the applicant is the party who creates, transfers, alters or forecloses the mortgage or easement on real estate;
2. the real estate in the application for registration is in the range of record in the real estate register; and
3. the case does not fall under that listed in Article 20 Item (5) of these Regulations.
Article 50 The real estate registration agency shall complete the examination within 7 days from the date of accepting the application for registration of the mortgage or easement on real estate. In the case of compliance with the set requirements, relevant items shall be recorded in the real estate register, and the right owner who applies for the registration of creation, transfer or alteration of mortgage or easement on real estate shall be notified to take out the registration certificate, or the applicant for deregistration of the mortgage or easement on real estate shall be notified in writing that the original registration certificate is nullified. Where the application does not meet the set requirements, the registration shall be denied, with notice to be given in writing to the applicant.
Chapter V Advance-announcement Registration
Article 51 The parties may jointly apply for advance-announcement registration in one of the following cases:
1. advance-purchase of commodity housing and transfer of advanced-purchased commodity housing according to relevant provisions set by the State and this Municipality;
2. creation of mortgage on advance-purchased commodity housing and transfer of such mortgage;
3. creation of mortgage on a house construction project and transfer of such mortgage; and
4. other cases concerning the creation or transfer of real estate rights .
In order to guarantee the realization of real estate rights in future, parties may unilaterally apply for advance-announcement registration against the document of agreement on advance-announcement registration.
Article 52 The real estate registration agency shall reject the registration if the person with the user right of construction-use land or the house property owner disposes of the real estate without the consent of the right owner of advance-announcement registration.
The advance-announcement registration shall expire if the obligatory right eliminates after the advance-announcement registration, or if no application is made for registration within three months from the day on which the registration of real estate is available.
Article 53 To apply for advance-announcement registration of advance-purchased commodity housing, the following documents shall be submitted:
1. application form;
2. identification paper;
3. advance-sale contract for commodity housing.
Where an advance-purchased commodity house is transferred or altered, the document certifying the transfer or alteration thereof shall be submitted on application for the advance-announcement registration, in addition to the documents set forth in the preceding clause.
In respect to an advance-purchased commodity house without the advance-announcement registration, or the transfer of an advance-purchased commodity house out of compliance with relevant provisions set by the State or this Municipality, the advance-announcement registration of the transfer of advance-purchased commodity house shall be denied.
No advance-announcement registration shall be repeated for the advance-purchased commodity house with advance-announcement registration.
Article 54 To apply for the advance-announcement registration of mortgage on advance-purchased commodity housing, the following documents shall be submitted:
1. application form;
2. identification paper;
3. advance-sale contract for commodity housing;
4. contract for principal obligation secured by mortgage; and
5. contract for creation of mortgage.
Where the mortgage on an advance-purchased commodity house is transferred or altered, the document certifying the transfer or alteration thereof shall be submitted on application for the advance-announcement registration, in addition to the documents set forth in the preceding clause.
In respect to an advance-purchased commodity house without advance-announcement registration, the advance-announcement registration of mortgage on the advance-purchased commodity house shall be denied.
Article 55 To apply for the advance-announcement registration of mortgage on a house construction project, the following documents shall be submitted:
1. application form;
2. identification paper;
3. construction project planning permit;
4. overall undertaking contract for the housing construction project or for the construction work;
5. contract for principal obligation secured by mortgage; and
6. contract for creation of mortgage.
Where the mortgage on a house construction project is transferred or altered, the document certifying the transfer or alteration thereof shall be submitted on application for the advance-announcement registration, in addition to the documents set forth in the preceding clause.
Article 56 Where real estate rights with advance-announcement registration legally terminate or the advance-announcement registration becomes invalid, the applicant for deregistration of the advance-announcement shall submit the following documents:
1. application form;
2. identification paper; and
3. documents certifying the legal termination of real estate rights with advance-announcement registration or the invalidity of advance-announcement registration.
The document certifying the invalidity of advance-announcement registration set out in Item (3) of the preceding clause refers to the written arrangement of the concerned parties to the advance-announcement registration or the court judgment or arbitration award.
Article 57 The application for registration or deregistration of advance-announcement in compliance with the following requirements shall be approved:
1. the applicant is the party recorded in legal documents concerning the change of real estate rights;
2. the real estate in the application for registration is in the range of record of the real estate register; and
3. the case does not fall under that listed in Article 20 Item (5) of these Regulations.
Article 58 The real estate registration agency shall complete the examination within 7 days from the date of accepting the application for registration or deregistration of advance-announcement. In the case of compliance with the set requirements, relevant items shall be recorded in the real estate register and notice given in writing to the party. As for incompliance with the set requirements, the registration shall be denied with notice to be given in writing to the applicant.
Article 59 After the initial registration of the ownership of newly-built commodity housing, the advance-purchaser of commodity housing with advance-announcement registration shall, jointly with the developer of the real estate, apply for the real estate transfer registration.
Where an advance-purchased commodity house is mortgaged, the advance-announcement registration of mortgage on the advance-purchased commodity house shall be changed to the registration of real estate mortgage after the real estate transfer registration is made.
Article 60 After the initial registration of the ownership of a newly-built commodity house, the advance-announcement registration of mortgage on the house construction project shall be changed to the registration of real estate mortgage.
When the advance-announcement registration of mortgage on a house construction project is changed to the registration of real estate mortgage, the security range shall not cover the following real estate:
1. the advance-purchased commodity house that has already gone through the advance-announcement registration;
2. the real estate co-owned by proprietors which was clearly defined at the time of initial registration of the housing ownership; and
3. the real estate that serves as public service facilities of public-good nature and that does not belong to the developer of real estate.
Chapter VI Amendment Registration and Dissent Registration
Article 61 A realty right owner or interested party who considers that there are errors in records in the real estate register may apply for amendment to the registration on relevant evidence. Where the application for amendment to the registration involves the right or interest of any third party, the right owners concerned shall make a joint application.
The real estate registration agency shall complete the examination within 20 days from the date of accepting the application for amendment to the registration. The real estate registration agency shall make relevant amendments in one of the following cases upon examination, and notify the parties concerned in writing:
1. The right owner recorded in the real estate register agrees in writing to amendment and there are really some errors in records in the real estate register; or
2. The right owner recorded in the real estate register disagrees to amendment, but the document of the administrative organ or the people's court or the arbitration organ that has taken legal effect proves that the right ownership recorded in the real estate register is erroneous.
Article 62 The real estate registration agency, finding inconsistency between the record in the real estate register and the original registration application, shall notify in writing the real estate right owner concerned to handle the formalities for amendment to the registration. Where the party concerned fails to go through the amendment formalities without justified reasons, the real estate registration agency may, in accordance with the original application for the registration, amend the record in the real estate register and notify the party concerned in writing.
Article 63 The real estate registration agency, upon accepting the application for amendment to registration, shall suspend the on-going examination of registration application for transfer or mortgage of the said real estate, and postpone accepting fresh application for related registration.
The real estate registration agency shall resume the handling of related real estate registration upon the completion of the amendment registration procedure.
Article 64 Where an administrative organ makes an administrative reconsideration decision on canceling the real estate registration or the people's court makes a judgment on canceling the real estate registration, the real estate registration agency shall recover the original registration within 3 days from the day on which such administrative reconsideration decision or judgment becomes effective.
Article 65 Where the interested party of the real estate right considers that the person with land use right or with housing ownership or other matters recorded in the real estate register are incorrect, but the real estate right owner recorded on the real estate registry disagrees with amendment and the interested party is unable to submit the relevant document of the administrative organ or the people's court or the arbitration organ that has taken legal effect which can prove that the ownership and other matters recorded in the real estate register are really incorrect, the interested party may apply for dissent registration on relevant evidence that the right ownership or other matters are possibly erroneous.
Article 66 The real estate registration agency shall record any dissent in the real estate register on the same day of accepting the application for dissent registration. Where the applicant does not lodge a suit or arbitration or administrative handling of the dispute on land ownership within 15 days from the date of dissent registration, the dissent registration shall become invalid and be nullified by the real estate registration organ.
The applicant who lodges a suit or arbitration or administrative handling of the dispute on land ownership within 15 days from the date of dissent registration shall submit relevant notice of acceptance to the real estate registration agency. The party concerned may apply for amendment to registration or nullification of the dissent registration on the strength of the effective legal document after the completion of the procedures of lawsuit, arbitration or administrative handling of the dispute on land ownership.
Where the original applicant applies for dissent registration on the same item after the nullification of dissent registration, the real estate registration agency shall deny the registration.
Article 67 The real estate registration agency, upon accepting the application for dissent registration, shall suspend the on-going examination of registration application for transfer or mortgage of the said real estate, and postpone the acceptance of fresh application for related registration. The real estate registration agency, upon receiving the acceptance notice about the lawsuit, arbitration or administrative handling of the dispute on land ownership lodged by the applicant for dissent registration, shall, in accordance with the provisions of Article 20 Item (4
of these Regulations, make a decision of denial of the suspended registration application for the transfer or mortgage of real estate.
The real estate registration agency shall resume the handling of relevant real estate registration after the nullification of dissent registration.
Article 68 In case of any damage caused to the right owner due to the improper dissent registration, the right owner may apply for compensation from the applicant.
Chapter VII Legal Liability
Article 69 Where a party enjoys real estate rights in accordance with the provisions of Article 28 to Article 30 of the Real Right Law of the People's Republic of China but fails to apply for registration in time, leading to the real estate registration agency handling registration still based on the contents recorded in the real estate register, any damage, if incurred, shall be borne by the party.
Article 70 Any party who submits incorrect or false materials, or instigates somebody to impersonate the right owner to apply for registration causing damage to others shall bear the liability of compensation. If the act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability.
Article 71 Where a party forges a real estate title deed, the municipal administrative department of housing and land shall confiscate the forged real estate title deed according to law, and if the act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability.
Article 72 Where any damage is caused to others due to faults in registration, the real estate registration agency shall bear the liability of compensation and, after making the compensation, may make recovery from the person who is liable for the faults made in registration.
Article 73 The chief officials directly responsible and other persons-direct-in-charge of the municipal administrative department of housing and land, and the municipal, district/county real estate registries who neglect their duties, abuse their powers and engage in malpractice for selfish ends shall be given disciplinary sanctions by their work units or the higher competent authorities. If the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability.
Article 74 A party who disagrees with the specific administrative act made by the municipal administrative department of housing and land, or by the municipal registry may apply for administrative reconsideration or bring an administrative lawsuit according to the Law of the People's Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People's Republic of China.
Chapter VIII Supplementary Provisions
Article 75 As for the user rights of the construction-use land and housing ownership that should have been but have not been registered in this Municipality's general registration of real estates, parties may apply for registration with the real estate registration agency on the strength of the certification of real estate ownership source.
The real estate registration agency shall, after accepting the registration application, check with relevant departments and put an announcement of relevant matters in this Municipality's major newspapers or other media. With no objection raised six moths after the announcement, the party's registration application shall be approved.
Article 76 The real estate title deed and registration certification issued according to law before the implementation of these Regulations shall continue to be valid.
Article 77 These Regulations shall be effective as of July 1, 2009.