First, understand the basic concept of residence registration.
The right of residence refers to the right of the obligee to occupy and use the houses owned by others and their ancillary facilities. This right is usually established by contract or other legal means, and it needs to be registered accordingly to produce legal effect. Residence right registration refers to the act of recording the establishment, change and elimination of residence right in the real estate register.
Two, to determine the handling department of residence registration
According to the Provisional Regulations on the Registration of Real Estate, the registration of real estate shall be handled by the real estate registration agency of the people's government at the county level where the real estate is located. Therefore, the registration of residence right should also be the responsibility of the local real estate registration agency. The specific handling department varies from region to region, and it can generally be consulted in the local real estate trading center, real estate registration center or relevant government departments.
Third, prepare the materials needed for the registration of residence rights.
When registering the right of residence, you need to prepare relevant application materials. It usually includes: contract or agreement of residence right, identity certificate, house ownership certificate, etc. The specific materials required may vary according to regions and policies. It is recommended to consult the local real estate registration agency for detailed material requirements before handling.
Fourth, apply for residence registration according to the process.
When registering the right of residence, you need to submit the application materials and pay the relevant fees according to the requirements of the local real estate registration agency. After receiving the application, the registration institution shall examine and handle the registration formalities. After the registration is completed, a residence certificate will be issued as proof of rights.
To sum up:
Residence registration should be handled by the local real estate registration agency. Before handling, you need to understand the basic concept of residence right registration, determine the handling department and prepare the required materials. After submitting the application and paying the fee according to the process, the registration institution will review and go through the registration formalities, and finally issue the residence certificate.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 366 stipulates:
The obligee has the right to occupy and use the usufructuary right of other people's houses in accordance with the contract to meet the needs of living and living.
People's Republic of China (PRC) Civil Code
Article 368 states:
The establishment of the right of residence is free, unless otherwise agreed by both parties. Where the right of residence is established, it shall apply to the registration authority for registration of the right of residence. The right of residence is established when registering.
Provisional regulations on the registration of real estate
Article 4 provides that:
The state implements a unified registration system for real estate. Real estate registration follows the principles of strict management, stability and continuity, and convenience for the masses. The real estate rights enjoyed by real estate owners according to law shall not be affected by changes in registration institutions and procedures.