Interim Regulations on Real Estate Registration

Interim Regulations on Real Estate Registration

Order of the State Council of the People's Republic of China No.656

November 24, 2014

The Interim Regulations on Real Estate Registration are hereby issued for implementation as of March 1, 2015.

Interim Regulations on Real Estate Registration

Chapter I General Provisions

Article 1 The Interim Regulations on Real Estate Registration (hereinafter referred to as the "Regulations") are hereby formulated to integrate the responsibilities concerning the real estate registration, regulate the registration act, offer convenience for the public in registration application and protect the legal rights and interests of right holders in accordance with the Real Rights Law of the People's Republic of China and relevant laws.

Article 2 For the purpose of the Regulations, real estate registration refers to acts of real estate registration organ to record the real estate property ownership and other statutory affairs in the real estate register in accordance with the law.
For the purpose of the Regulations, real estate refers to land, sea area and such fixtures as buildings, forests, and others.

Article 3 The Regulations apply to first registration, change of registration, transfer of registration, cancellation of registration, correction of registration, dissidence registration, advance notice registration, close-down registration and other affairs concerning registration of real estate.

Article 4 The State applies a uniform registration system over real estate.
Real estate registration shall be implemented in the principle of strict management, being stable and continuous and convenient for the public.
Rights which have already been enjoyed by the right holder of a real estate in accordance with the law shall not be affected by the change of registration organ and registration procedures.

Article 5 The following rights of real estate shall be registered in accordance with the provisions of the Regulations:
1. collective land ownership;
2. ownership of constructions and structures, such as buildings;
3. ownership of forests and woods;
4. contracted management right of such land as farmland, forest land and grassland;
5. right to use land for construction;
6. right to use house sites;
7. right to use sea area;
8. easement right;
9. right to mortgage; and
10. other rights of real estate required to be registered by laws.

Article 6 Competent department of land and resources of the State Council shall be responsible for guiding and supervising the real estate registration work of the State.
A local people's government at or above the county level shall designate a department as the registration organ of real estate for its administrative region to implement the registration work of real estate and such department shall be guided and supervised by the competent real estate registration organ of the people's government at a higher level.

Article 7 The real estate registration shall be executed by the registration organ of the people's government at the county level of the place where the real estate is located; the people's governments of municipalities directly under the Central Government and cities divided into districts can determine the real estate registration organs at their corresponding levels with the authority to handle the uniform registration of real estates located in their respective regions.
The real estate registration across administrative regions at the county level shall be executed respectively by the registration organs of real estate of the administrative regions at the county level in which the real estate is located. If separate registration fails, registration organs of relevant administrative regions where the real estate is located shall negotiate for the registration; if no agreement can be reached, the registration shall be executed by the organ designated by the competent registration organ of the people's government at a higher level which administrates both the two administrative regions as aforesaid.
The registration of real estates, including the forests, woods and forest land in key state-owned forest districts identified by the State Council, the sea area and island used for projects approved by the State Council, and the state-owned land under use by central state organs, shall be subject to the provisions provided by the competent department of land and resources of the State Council in concert with other departments concerned.

Chapter II Real Estate Register

Article 8 The real estate registration shall be executed based on the real estate unit.
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