-
The detailed rules for the implementation of the Interim Regulations on the Registration of Immovable Property are as follows:
1. In order to standardize the registration of immovable property, refine the unified registration system of immovable property, facilitate the registration of immovable property by the people, and protect the legitimate rights and interests of rights holders, these implementation rules are formulated in accordance with the Interim Regulations on the Registration of Immovable Property.
2. The registration of immovable property shall be carried out in accordance with the application of the parties, except as otherwise provided by laws, administrative regulations and these Implementing Rules.
4. Where the immovable property registration authority negotiates or accepts the designation to handle the registration of immovable property across county-level administrative regions in accordance with the provisions of Paragraph 2 of Article 7 of the Regulations, it shall, after the completion of registration, inform other immovable property registration agencies in the immovable property register of the registration results of the immovable property as recorded in the immovable property register, such as the location, boundary, area, use, and type of rights.
5. Forests, woods and woodlands in key state-owned forest areas shall be accepted by the Ministry of Natural Resources and handled in conjunction with relevant departments, and the real estate ownership certificate shall be issued to the right holder in accordance with the law.
6. The registration of the sea and island approved by the project shall be accepted by the Ministry of Natural Resources, and the real estate ownership certificate shall be issued to the right holder in accordance with the law.
Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property
Article 5 The immovable property unit provided for in Article 8 of the Regulations refers to the space with closed ownership boundaries and independent use value.
Where there are no buildings or structures such as houses, as well as fixed objects of forests and trees, the space enclosed by the land and sea ownership boundaries shall be the real estate unit.
Where there are buildings or structures such as houses, as well as forests or forest fixtures, the sliding space enclosed by the boundaries of ownership of the buildings or structures such as houses, forests, and forest fixtures and land and the sea area shall be the real estate unit.
"Houses" as used in the preceding paragraph includes spaces that are independent and closed by ownership boundaries, as well as spaces that can be used independently and are closed by ownership boundaries, such as suites, floors, and rooms.
-
Legal Analysis: Since March 1, 2015, the real estate registration has been implemented.
Legal basis: Interim Regulations on the Registration of Immovable Property
Article 3: These Regulations apply to the first registration, alteration registration, transfer registration, registration of blind cancellation of relatives, correction registration, registration of objections, registration of advance notices, registration of seizure of money, etc.
Article 4 The State implements a unified registration system for immovable property.
The registration of immovable property follows the principles of strict management, stability and continuity, and convenience for the masses.
The immovable property rights already enjoyed by the owner of immovable property in accordance with the law shall not be affected by changes in the registration authority and registration procedures.
Article 35: These Regulations take effect on March 1, 2015. Where the provisions of the administrative regulations on the registration of immovable property promulgated before the implementation of these Regulations are inconsistent with the provisions of these Regulations, the provisions of these Regulations shall prevail.
-
The Interim Regulations on Real Estate Registration came into force on 1 August 2017 and aims to regulate the registration of immovable property and ensure the authenticity, legality and validity of real estate rights.
The Interim Regulations on Real Estate Registration is an important regulation promulgated by China** to promote the healthy development of the real estate market. The Regulations came into force on 1 August 2017 and aims to regulate the registration of immovable property, improve the quality and efficiency of immovable property registration, and ensure the authenticity, legality and validity of immovable property rights. According to the Interim Regulations on the Registration of Immovable Property, the registration of immovable property shall achieve "three unifications", that is, unified standards, unified procedures, and unified registration.
Registration authorities shall strictly review matters such as the ownership of immovable property rights and restricted rights, so as to avoid the occurrence of false registration and infringement. At the same time, the regulations also stipulate relevant legal liabilities and penalties to ensure the legitimate rights and interests of registration institutions and individuals. The implementation of the Interim Regulations on Real Estate Registration plays an important role and significance in promoting the informatization of real estate registration, improving the credibility of real estate transactions and financing, and preventing non-performing assets.
What is the role of the Interim Regulations on the Registration of Immovable Property for the Protection of Individual Property Rights? The implementation of the Interim Regulations on the Registration of Immovable Property is of great significance to the protection of individual property rights. The regulation regulates the conduct of immovable property registration agencies, prevents false registration and infringement, and improves the credibility of immovable property transactions and financing.
At the same time, individuals can verify their property rights by checking the real estate registration information and protect their rights in a timely manner.
The implementation of the Interim Regulations on Real Estate Registration is of great significance in regulating the real estate registration market, protecting individual property rights, and promoting the healthy development of real estate transactions and financing. It is recommended that relevant practitioners and individuals in the industry conscientiously abide by the relevant regulations and jointly promote the quality and efficiency of real estate registration.
Legal basis]:
Interim Regulations on the Registration of Immovable Property Article 7 The registration of immovable property shall be handled by the people's ** real estate registration agency at the county level where the immovable property is located; The people of the municipalities directly under the Central Government and the cities divided into districts may determine the real estate registration agencies at the same level to handle the registration of real estate in their respective districts in a unified manner. The registration of immovable property across county-level administrative regions shall be handled separately by the immovable property registration and clearing agency of the county-level administrative region that crosses the county-level administrative region. If it cannot be handled separately, it shall be handled through consultation by the real estate registration agency of the administrative region at the county level; If the negotiation fails, it shall be designated by the common people's ** real estate registration department at the next higher level.
The characteristics and common problems of China's real estate registration system are as follows: >>>More
Article 15 of the Property Law stipulates that a contract between the parties relating to the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract, unless otherwise provided by law or otherwise agreed in the contract. If the property right level is not handled, the validity of the contract shall not be affected. Article 14 stipulates that the creation, alteration, transfer and extinction of immovable property rights shall take effect when they are recorded in the immovable property registration book if they shall be registered in accordance with the provisions of the law. Article 9 stipulates that the creation, alteration, transfer and extinction of real estate rights shall become effective upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. >>>More
Not much will change at the moment. It is to further clarify the ownership of immovable property, which I personally believe is redundant.
Legal analysis: The implementation rules clearly state that roads, green spaces, public facilities and property service buildings can be registered together as common ownership by the owners of the business. No unit or individual shall disclose real estate registration information; The State implements a system of inquiring into real estate registration materials in accordance with the law. >>>More
Holding a collective land use certificate, that is, having the right to use the corresponding land (or the right to contract management), belongs to the scope of real estate registration, and can be registered for real estate use rights. >>>More