20 15-07-28 (source: municipal real estate bureau)
First, the name and nature of the administrative examination and approval items
(1) Name: Registration and filing of house lease contract
(2) Nature: Non-administrative license
Second, set the foundation.
65438+Adopted at the 8th meeting of the Standing Committee of the 8th NPC on July 5th, 2004, and revised at the 29th meeting of the Standing Committee of the 10th NPC on August 30th, 2007, Article 54 of the People's Republic of China (PRC) Urban Real Estate Management Law, which came into effect on 1 9565438+1October1,reads: "Housing The lessor and the lessee shall sign a written lease contract, stipulate the lease term, lease purpose, lease price, repair responsibility and other terms, as well as other rights and obligations of both parties, and register with the real estate administrative department for the record. Article 14 of the Measures for the Administration of Commercial Housing Lease (Order No.6 of the Ministry of Housing and Urban-Rural Development): "Within 30 days after the conclusion of the lease contract, the parties to the lease shall go through the lease registration with the construction (real estate) department of the people's government of the city or county where the leased house is located. "
Third, the implementing organ and the implementing subject.
According to the "People's Republic of China (PRC) City Real Estate Management Law" and the "Measures for the Administration of Commercial Housing Leasing", the registration and filing of housing leasing contracts is the responsibility of the prefecture-level city and county real estate management departments.
Four, the administrative examination and approval conditions
According to the provisions of Article 6 of the Measures for the Administration of Commercial Housing Rental, houses under any of the following circumstances shall not be rented:
(a) illegal construction;
(two) does not meet the mandatory standards for safety, disaster prevention and other engineering construction;
(three) in violation of the provisions to change the nature of housing use;
(four) other circumstances in which laws and regulations prohibit rental.
Article 16 stipulates that if the following conditions are met, the municipal and county-level real estate management departments shall handle the house lease registration within three working days and issue the House Lease Registration Certificate to the leasing parties:
1. The application materials submitted by the applicant are complete and conform to the legal form;
2. The lessor is consistent with the subject recorded in the house ownership certificate or other legal ownership certificate;
3, does not belong to the provisions of article sixth of these measures shall not be rented houses.
If the application materials submitted by the applicant are incomplete or do not conform to the statutory form, the municipal and county-level real estate management departments shall inform the parties of the contents that need to be supplemented.
Verb (abbreviation of verb) goal and scope of implementation
According to Article 14 of the Measures for the Administration of Commercial Housing Lease, within 30 days after the conclusion of the housing lease contract, the parties to the housing lease shall go through the housing lease registration with the real estate management department of the city or county where the leased house is located.
Application materials for intransitive verbs
For housing lease registration, the parties to the housing lease shall submit the following materials:
1. Application for registration and filing of house lease contract;
2. Written lease contract (original);
3, the identity certificate of the parties to the housing lease (original copy);
4, housing ownership certificate or other legal ownership certificate (copy of the original);
5. Other materials prescribed by the competent department of construction (real estate) of the people's government of the city or county.
If you rent a house, you must also submit proof that others agree to rent it.
When renting an entrusted escrow house, the certificate that the entrusted escrow agent authorizes the lease must be submitted.
Seven. Completion period
(1) Legal time limit for settlement: 3 working days.
(2) Commitment settlement time limit: settlement on the spot.
Eight. Quantity of administrative examination and approval
infinitude
Nine, charging items, standards and their basis
not have
X. Consultation and complaint telephone number
Tel: 0773-5809512; 0773-2850455
Complaint telephone number: 0773-286 15 16, 0773-58 1325 1.
XI。 Processing time
Monday to Friday 9: 00 am-12: 00 am and afternoon 13:30- 16:30 am.
Twelve. Handling place
Guilin government affairs service center real estate bureau chuangkou