New regulations on title deeds, new rules on title deeds

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level.

If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

To apply for the real estate certificate, if the registration of the co-owned house is to be completed, both husband and wife need to be present; Only one person's name is written on the couple's real estate certificate, and only one person's name is written at the time of registration to be registered as "separately owned", and both husband and wife need to be present to apply for the real estate certificate, and one of them must issue a written commitment to give up the property.

According to the relevant laws and regulations, the application for housing registration shall be jointly applied by both parties concerned, except as otherwise provided in these measures. In any of the following circumstances, an application for housing registration may be made unilaterally by the parties: (1) the right to obtain housing due to the lawful construction of a house;

2) Obtaining housing rights through effective legal documents issued by people's courts and arbitration commissions; (3) Obtaining the right to a house due to inheritance or bequest;

4) There is one of the circumstances listed in these Measures for the alteration of registration;

5) Loss of premises;

6) The right to give up the right to housing;

7) Other circumstances provided for by laws and regulations.

Legal analysis: Each house with large property rights has three different property attributes, namely land use rights, house property rights, and residence rights. The right of residence is a new third attribute that is independent of the right to use land and the right to use the house.

It can be understood as one type of property right that is simply set for the occupants. In principle, a house with the right of residence is established free of charge and cannot be rented, and the right of residence cannot be transferred or inherited.

Legal basis: Article 9 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property Article 9 Where applying for registration of immovable property, the applicant shall fill in the application form for registration and submit the identity certificate and relevant application materials. The original application materials shall be provided.

Where the original cannot be provided due to special circumstances, a copy may be provided, and the copy shall be consistent with the original.

New regulations for real estate certificates: It generally takes 30 working days to apply for real estate certificates. However, it depends on the situation.

From the date of acceptance of the registration application, the housing registration agency shall record the application for registration in the housing registration book or make a decision not to register within the following time limits: 30 working days for the registration of house ownership within the scope of state-owned land, and 60 working days for the registration of house ownership within the scope of collective land. Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the state in accordance with the law may not be registered.

Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.