Tentative Regulations for the Registration of Immovable Property

Article 2: For the purposes of these Regulations, the term “immovable property registration” means the act whereby the immovable property registry records in accordance with the law title to rights in immovable property and other statutory matters in the immovable property register.

For the purposes of these Regulations, the term “immovable property” means land, territorial waters as well as attachments such as premises and trees.

Article 3: These Regulations shall govern the initial registration of immovable property, amendment of registration, transfer of registration, cancellation of registration, correction of registration, opposition to registration, preliminary announcement of registration, registration of placement under seal, etc.

Article 4: The state implements a unified immovable property registration system.

Immovable property registration shall comply with the principles of strict administration, stability and continuity, and creating convenience for the public.

The rights in immovable property enjoyed by holders of rights in immovable property in accordance with the law shall not be affected by a change in the registry or registration procedure.

Article 5: Registration shall be carried out in accordance herewith for the following immovable property rights;

(1) ownership of collective land;

(2) ownership of buildings and structures, such as premises;

(3) ownership of forests and trees;

(4) the contracted management right to land such as arable land, forest land and grassland;

(5) the right to use construction land;

(6) the right to use homestead land;

(7) the right to use territorial waters;

(8) easement;

(9) mortgage rights; and

(10) other immovable property rights that are required to be registered by law.

Article 6: The State Council department in charge of land and resources is in charge of guiding and monitoring immovable property registration nationwide.

A local people's government at the county level or above shall designate a department to be the immovable property registry for its administrative region, which shall be responsible for immovable property registration work and be subject to the guidance and monitoring of the competent immovable property registries of people's governments at higher levels.

Article 7: Immovable property registration shall be carried out by the immovable property registry of the county-level people's government of the place where the immovable property is located. The people's government of a municipality directly under the central government or city (divided into districts) may designate its own immovable property registry to centrally handle immovable property registration for all of the districts under its jurisdiction.

Cross-county-level administrative region immovable property registration shall be handled separately by each of the immovable property registries of the different county-level administrative regions involved. Where the same cannot be handled by each separately, it shall be handled through consultations between/among the immovable property registries of the different county-level administrative regions involved. If the consultations are unsuccessful, registration shall be handled by the immovable property registry designated by the competent immovable property registry of the people's government at the next higher level common to them.

Immovable property registration for forests, woods and forest land of key state-owned forest zones determined by the State Council, use of seas or islands for projects approved by the State Council, state-owned land used by central state authorities, etc. shall be provided for by the State Council department in charge of land and resources in concert with relevant departments.

Part Two: Immovable Property Register

Article 8: Registration of immovable property shall be carried out with the immovable property unit as the basic unit. Each immovable property unit has a unique number.

An immovable property registry shall keep a unified immovable property register in accordance with the provisions of the State Council department in charge of land and resources.

The immovable property register shall record the following particulars:

(1) natural particulars of the immovable property, such as its location, boundaries, spatial limitations, area and purpose;

(2) title particulars such as the entity with, and the type, details, source and term of, the immovable property rights and changes in the rights;

(3) matters involving restrictions on and warnings regarding the immovable property rights; and

(4) other relevant particulars.

Article 9: The electronic medium shall be used for the immovable property register. Where the conditions for keeping it in such format are as yet unsatisfied, the paper medium may be used. The immovable property registry shall specify the unique and lawful medium form for the immovable property register.

Where the electronic medium is used for the immovable property register, offsite backups shall be made on a regular basis, and there shall be a unique and definite manner for converting it to hard copy.

Article 10: The immovable property registry shall accurately, completely and clearly record all of the registration particulars in the immovable property register in accordance with the law. No one may damage or destroy the immovable property register or revise the registered particulars, except for corrections made in accordance with the law.

Article 11: Working personnel for immovable property registration shall have the professional knowledge and vocational skills appropriate for immovable property registration work.

An immovable property registry shall strengthen the management of, and the professional technical training given to, its working personnel for immovable property registration.

Article 12: An immovable property registry shall designate specific personnel to be responsible for the safekeeping of the immovable property register, and establish and improve the corresponding security responsibility system.

Where the immovable property register is kept in hard copy format, the necessary safety precautions to prevent theft, fire, water damage, pests, etc. shall be put in place.

Where the immovable property register is kept on the electronic medium, dedicated storage facilities shall be put in place and information network security measures shall be taken.

Article 13: The immovable property register shall be kept by the immovable property registry in perpetuity. If the immovable property register is damaged, destroyed or lost, the immovable property registry shall recreate it based on the original registration materials.

If an administrative region changes or the functions of the immovable property registry are revised, the immovable property register shall be transferred to the appropriate immovable property registry in a timely manner.

Part Three: Registration Procedure

Article 14: Where an application for immovable property registration is made in connection with a transaction, creation of mortgage rights, etc., the parties shall file the application jointly.

A party may apply unilaterally in any of the following circumstances:

(1) an initial application for registration is made for immovable property that has never been registered;

(2) immovable property rights are secured through succession or acceptance of a bequest;

(3) immovable property rights are established, modified, transferred or extinguished by virtue of a valid legal document from a people's court or arbitration commission or a valid decision from a people's government;

(4) an application for amendment of registration is made due to a change in the name of the rights holder or the natural particulars;

(5) an application for cancellation of registration is made due to destruction or loss of the immovable property or abandonment of the rights therein by the rights holder;

(6) an application is made for correction of registration or opposition to registration; or

(7) another circumstance as specified in laws or administrative regulations under which a party may apply unilaterally applies.

Article 15: A party or his/her agent shall present himself/herself at the office of the immovable property registry to apply for immovable property registration.

The applicant may withdraw his/her registration application before the immovable property registry records the registration particulars applied for in the immovable property register.

Article 16: An applicant shall submit the following application materials and be liable for their truthfulness:

(1) a written application for registration;

(2) the applicant's and agent's identity documents and power of attorney;

(3) documentation evidencing the provenance of title to the relevant immovable property, the document evidencing the reason for registration and the title certificate for the immovable property;

(4) documentation on the boundaries, spatial limitations, area, etc. of the immovable property;

(5) documentation giving an account of the material interests of others; and

(6) other materials as specified in laws, administrative regulations and the detailed implementing rules herefor.

The immovable property registry shall display information such as a list of the materials required to apply for registration and sample texts in its offices and on its official website.

Article 17: When an immovable property registry receives application materials for immovable property registration, it shall proceed depending on the circumstances set forth below:

(1) if the application falls within the scope of its registration duties, and the application materials are in order and in the statutory format, or the applicant has provided all of the additional application materials as required or corrected all of the application materials as required, it shall accept the same and inform the applicant in writing;

(2) if the application materials contain errors that can be corrected on the spot, it shall inform the applicant to make the corrections on the spot, and once the applicant has done so, it shall accept the application materials and inform the applicant in writing;

(3) if the application materials are not in order or not in the statutory format, it shall inform the applicant on the spot in writing that it is not accepting the materials and inform him/her one time of all the additional materials that need to be provided and all the materials that need to be corrected; or

(4) if the immovable property for which the application for registration is made falls outside its scope of registration, it shall inform the applicant on the spot in writing that it is not accepting the materials and inform him/her to apply to the competent registration authority.

If the immovable property registry fails to inform the applicant on the spot in writing that it is not accepting the application materials, it shall be deemed to have accepted the same.

Article 18: When an immovable property registry accepts an application for immovable property registration, it shall conduct its examination in accordance with the following requirements:

(1) whether the materials on the boundaries, spatial limitations, area, etc. of the immovable property are consistent with the characteristics of the immovable property for which the application for registration is made;

(2) whether the relevant supporting materials and documents are consistent with the particulars for which the application for registration is made; and

(3) whether the application for registration violates laws or administrative regulations.

Article 19: The immovable property registry may conduct an onsite inspection of the immovable property for which an application for registration is made if:

(1) ownership of a building or structure, such as premises, is being registered for the first time;

(2) mortgage rights over a building under construction are being registered;

(3) a cancellation of registration is being carried out due to the loss or destruction of immovable property; or

(4) another circumstance under which the immovable property registry deems it necessary to conduct an onsite inspection applies.

For an application for registration that could involve a title dispute or the material interests of another, the immovable property registry may conduct an investigation with the applicant, the materially interested party or relevant entities.

When an immovable property registry conducts an onsite inspection or investigation, the applicant and the parties being investigated shall offer their cooperation.

Article 20: An immovable property registry shall complete the immovable property registration procedures within 30 working days from the date of acceptance of the application for registration, unless otherwise provided in law.

Article 21: Registration of the registered particulars shall be completed once they are recorded in the immovable property register.

Once the immovable property registry completes the registration, it shall issue the applicant an immovable property title certificate or registration certificate in accordance with the law.

Article 22: The immovable property registry shall refuse registration and inform the applicant thereof in writing if:

(1) the application for registration violates a law or a set of administrative regulations;

(2) an unresolved title dispute exists;

(3) the specified term for the rights in the immovable property for which registration is applied for has expired; or

(4) another circumstance under which laws or administrative regulations render refusal of registration applies.

Part Four: Sharing and Protection of Registration Information

Article 23: The State Council department in charge of land and resources shall establish, in concert with relevant departments, a unified basic management platform for immovable property registration information.

The information registered by immovable property registries at every level shall be incorporated into the unified basic management platform for immovable property registration information so as to ensure real-time sharing of registration information by the state, provincial, municipal and county levels.

Article 24: Information relating to immovable property registration as well as examination and approval information, transaction information, etc. of the housing and urban-rural development, agriculture, forestry, marine and other such departments shall be interoperable and shareable in real time.

Where the immovable property registry is able to obtain the information through real-time interoperability and sharing, it may not require an immovable property registration applicant to provide the same again.

Article 25: Land and resources, public security, civil affairs, finance, tax, industry and commerce, financial, audit, statistics and other such departments shall strengthen the interoperability and sharing of immovable property registration related information.

Article 26: Immovable property registries, entities that share in immovable property registration information and their working personnel shall maintain the confidentiality of immovable property registration information. Necessary security and confidentiality measures shall be taken in accordance with the law for immovable property registration information that involves state secrets.

Article 27: Rights holders and materially interested parties may review and take copies of immovable property registration materials in accordance with the law, and immovable property registries shall provide the same.

Relevant state authorities may review and take copies of immovable property registration materials relating to the investigation and handling of matters in accordance with laws and administrative regulations.

Article 28: An entity or individual wishing to review immovable property registration materials shall explain the objective thereof to the immovable property registry and may not use the immovable property registration materials so obtained for other purposes. Immovable property registration materials so obtained may not be disclosed without the consent of the rights holder.

Part Five: Legal Liability

Article 29: If a registration error by an immovable property registry causes injury to another or if the provision by a party of fraudulent materials when applying for registration causes injury to another, liability for compensation shall be borne in accordance with the PRC Property Law.

Article 30: If a member of the working personnel of an immovable property registry carries out a fraudulent registration, damages, destroys or forges the immovable property register, revises registered particulars without authorisation or otherwise abuses his/her authority or is in dereliction of his/her duties, he or she shall be disciplined in accordance with the law. If another was caused injury, he or she shall be liable for compensation in accordance with the law. If a criminal offence is constituted, his/her criminal liability shall be pursued in accordance with the law.

Article 31: If an immovable property title certificate or immovable property registration certificate is forged or altered, or a forged or altered immovable property title certificate or immovable property registration certificate is sold or used, it shall be confiscated by the immovable property registry or public security authority in accordance with the law. If there is illegal income, the same shall be confiscated. If another was caused injury, liability for compensation shall be borne in accordance with the law. If a violation of public security administration is constituted, public security administration penalties shall be imposed. If a criminal offence is constituted, criminal liability shall be pursued in accordance with the law.

Article 32: If an immovable property registry, entity that shares in immovable property registration information or a member of its working personnel or an entity or individual that reviews immovable property registration materials violates state provisions by disclosing immovable property registration materials or registration information, or utilises immovable property registration materials or registration information to carry out improper activities, causing injury to another, it/he/she shall be liable for compensation in accordance with the law. The relevant responsible persons shall be disciplined in accordance with the law. If the act by the relevant responsible persons constitutes a criminal offence, their criminal liability shall be pursued in accordance with the law.

Part Six: Supplementary Provisions

Article 33: The various types of immovable property title certificates issued and immovable property registers produced in accordance with the law before the implementation hereof shall continue to be valid.

During the transition period for unified immovable property registration, the registration of contracted rights to manage rural land shall be handled in accordance with relevant state provisions.

Article 34: The implementing rules herefor shall be formulated by the State Council department in charge of land and resources in concert with relevant departments.

Article 35: These Regulations shall be effective as of March 1, 2015. In the event of a discrepancy between these Regulations and provisions on immovable property registration of administrative regulations promulgated before the implementation hereof, these Regulations shall prevail.