Shallowly discusses "House Registration Methods"


For the standard house registration behavior, maintains the real estate transaction security, protects obligee's legitimate rights and interests. The National Ministry of construction organized to formulate "House Registration Methods" (next said that “Methods”), this Methods will implement in July 1, 2008.

Compared with formerly, "Methods" had the very big improvement in the following several aspects:

First, "Methods" strengthened the house registration actual operational, manifested has facilitated the populace to handle “Mass-based” the principle. The so-called house registration, is refers to the house registration organization legally the item which and other must records the house right the behavior which gives in the house registration book to record .To give whether regarding the house to register, “Methods” have formulated a series of detailed standards. And listed seven not to give the registration standard, namely had of a house following conditions, the house registration organization must not give the registration. These seven standards respectively are: 1. has not obtained the planning permission, the construction permission legally or has not deferred to the planning permission content construction and so on area construction application registrations; 2. the applicant cannot provide legitimate, the effective right origin certified copy or the application registration house right is inconsistent with the right origin certified copy; 3. application registration item and house registration book record conflict; 4. applies to register the house not to be able specific or does not have the independent use value; 5. the house has been levied legally, the confiscation, the primary or antecedent rights altruistic application registration; 6. the house seals up legally the period, the obligee is applied the registration; 7. the law, the laws and regulations and this means stipulated other do not give the registration the situation. For ease of the operation, “Methods” had stipulated explicitly handles the house registration the procedure, including the application, accepts, the verification, the record in the registration book, to issue the card and so on six parts, causes the human to be clear.

“Methods” also regarding involve the house part-owner, the house-owner are situation and so on minor house registrations have the very detailed stipulation, has guaranteed the house all person's legitimate rights and interests. For example, “altogether has the house, must by the part-owner joint application registration.” As well as “minor's house, must replace the application registration by its guardian. The guardian replaces applies for the minor house registration, must submit proves the guardian status the material.” Also stipulated that “the consignee applies for the house registration, the agent must submit the certificate of delegated authority and the identification. Beyond the border applicant consignee applies for the house registration, its certificate of delegated authority must defer to the national concerned requirements to handle the notarization or the authentication.”

In view of mortgages housing dispute many situations, “Methods” had also stipulated the detailed registration means and must change the situation, avoids the dispute which possibly as far as possible occurs. According to the stipulation, by the house hypothesis mortgage, the litigant must apply for the mortgage registration. To conform to the rated conditions mortgage to set up the registration, the house registration organization must mortgage item records and so on litigant, debtor's name or name as well as is guaranteed creditor's rights amount, registration time in the house registration book. If the above item changes or has legal, laws and regulations stipulation change mortgage other situations, the litigant must apply for the mortgagee's registration.

“Methods” also stipulated that by the house hypothesis highest amount mortgage, the litigant must apply for the highest amount mortgage to set up the registration. To conforms to the rated conditions highest amount mortgage to set up the registration, arranges in order the item besides above, the registration organization must the highest creditor's rights volume, the creditor's rights definite period record in the house registration book, and is clear records it for the highest amount mortgage. The change highest amount mortgage registration item or has legal, laws and regulations stipulation change highest amount mortgage other situations, the litigant must apply for the highest amount mortgagee's registration.

In order to embody the “Mass-based” principle better. “Methods” also made the registration to start according to the application, are clear about the registration time limit, to registered the applicant to inform and so on aspect stipulations, practical convenience common people.

Second, “Methods” unify and the standard the land's house registration behavior. And “the advance notification registration” the system will give the domestic forward delivery housing sale to bring “the sinuous change”. Under the present house selling system, majority of house business is starts from the forward delivery housing, but purchases the forward delivery housing the consumer is unable to register the forward delivery housing the property right, therefore often obtains before again the house power is the proof, has the vacuum time which the power is, the somewhat illegal developer will use the house which this vacuum time will sell already out to sell once more causes in the domestic real estate market to present “one two to sell” and “one frequently sells” the event. In this kind of event, the home-buyer becomes the biggest injured party frequently. Therefore in this special stage, comes by the Country Building management Department to home-buyer's rights and interests to carry on the confirmation, might fundamentally solve has “sells” the problem frequently at present, prevents the developer to sell house once more in “the vacuum time” or to carry on the real estate mortgage the behavior.

“Methods” cause the forward delivery housing property right to register into possibly, the anticipative commercial building buyer's rights and interests will obtain the protection. According to “Methods” the concerned requirements, the litigant has the house property rights transfer either the mortgage, purchases in advance the commercial housing or purchases in advance when the commercial housing mortgages, may agree to the registration organization application advance notification registration. After handling the advance notification registration, without the advance notification registration's obligee written consent, the registration organization do not handle to this concrete commercial building or the building house punishment registration .

According to “Methods”, if had the advance notification registration agreement, but the developer refuses to handle the advance notification registration, purchases in advance the human to be possible the folk remedy application advance notification registration. After handling the advance notification registration, the litigant may apply for the house power in three months to the registration organization is the registration. If meets the condition, the registration organization should handle the corresponding power according to the advance notification registration content is the registration.

Third, regarding violates "House Registration Means" the related behavior, “Methods” had also stipulated a series of punishment measure, and will investigate law breaker's legal responsibility in the essential situation. “Methods” also stipulated that “the house registration organization and the staff violate this means to stipulate handles the house registration, creates the harm for other people, undertakes the corresponding legal liability by the house registration organization. After the house registration organization undertakes the liability of compensation, creates the registration wrong staff to intentionally or the gross negligence, the authorization additional compensation.”

Finally, “Methods” have also made the explicit stipulation to many real estate registration's detail. “Methods” request, the real estate registration of title completes in 30 working days, his right registration completes in 10 working days, gave advance notice that the registration, the correction registration complete in 10 working days, but the objection registration, seals up the registration to complete in 1 working day. Announced that the time does not include the down payment fixed time limit. Because the special reason needs to lengthen the registration time limit, authorizes by the house registration organization person in charge to be possible to lengthen, but longest do not surpass the original time limit a time.

“Methods” follow "Reality of laws" strictly the legislative spirit and the article content, adjusted and have consummated the registration rule, raised the registration efficiency, even more had the feasibility.

----Martin Xu

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