Ministry of Construction, Housing Registration Measures
建设部房屋登记办法
May 08, 2008 | BY
clpstaff &clp articles &Housing registration to protect purchasers of pre-sold housing premises.
Promulgated: February 15 2008
Effective: July 1 2008
Applicability: The term “housing registration” refers to the recording of rights to housing premises and other particulars that should be recorded by the housing registry on the housing register in accordance with the law (Article 2).
Main Contents: Applications for registration of ownership of commonly-owned housing premises shall be submitted jointly by the common owners. Applications for registration of a change in ownership to commonly-owned housing premises may be submitted by the concerned common owner. However if there is a change to the nature of the common ownership or the shares of the common owners, the registration application shall be submitted jointly by all common owners (Article 13). The housing registry shall, according to the records of the housing register, fill in and issue housing title certificates to the rights holders. Housing title certificates, including the Housing Ownership Certificates and the Certificates of Third Party Rights to the Housing Premises, are proofs of rights to the premises to which the rights holder is entitled (Article 25). In the case of inconsistency between the housing title certificate or the registration certificate and the records of the housing register, the records of the housing register shall prevail unless there is evidence to prove that the housing register truly contains errors (Article 26).
The parties may apply for pre-registration in any of the following circumstances: purchasing commodity premises prior to completion; creating a mortgage over commodity premises purchased prior to completion; or assigning or mortgaging the ownership to the housing premises (Article 67). After pre-registration, the housing registry will not handle applications for registration in connection with the disposal of the premises without the written consent of the rights holder that has completed pre-registration. If, after pre-registration, the party apply for housing registration after the extinguishing of the relevant claim or within three months from the date on which land registration became possible, the housing registry shall handle the registration on the basis of the particulars of the pre-registration (Article 68). Where, after the conclusion of the commodity premises sales contract between the seller and purchaser of the pre-sold premises, the seller has not applied for pre-registration with the purchaser according to the stipulations in the contract, the purchaser may apply for pre-registration on its own (Article 69).
The Measures also detail mortgage rights of construction projects in progress, mortgage rights up to a maximum amount, corrections of registration, registration of objection and easement registration.
Related Legislation: PRC Property Law, Mar 16 2007, CLP 2007 No.4 p.31; PRC Administration of Urban Real Property Law, Jul 5 1994, CLP 1994 No.8 p.23; and Regulations for the Administration of Village and Town Planning and Construction, Jun 29 1993
Repealed Legislation: Measures for the Administration of Urban Housing Ownership Registration, Oct 27 1997; and Ministry of Construction, Decision on Amending the , Aug 15 2001
clp reference:4100/08.02.15promulgated:2008-02-15effective:2008-07-01This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- A database of over 3,000 essential documents including key PRC legislation translated into English
- A choice of newsletters to alert you to changes affecting your business including sector specific updates
- Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
Already a subscriber? Log In Now