Twenty-second in any of the following circumstances, the applicant or other interested parties shall entrust a surveying and mapping unit with the qualification of real estate surveying and mapping to carry out real estate surveying and mapping:
(a) to apply for the initial registration of housing ownership;
(two) due to changes in housing conditions, apply for registration of change;
(three) because of the disputed housing area, the parties require surveying and mapping.
Twenty-third surveying and mapping units shall be responsible for the accuracy of the real estate surveying and mapping report issued by them. Surveying and mapping reports for housing ownership registration can be audited by the registration agency.
Twenty-fourth in any of the following circumstances, the registration authority has the right to cancel the certificate of housing ownership:
(a) the statement is false;
(2) Altering the house ownership certificate;
(three) the loss of housing rights, and the right holder has not gone through the cancellation of registration of housing ownership within the prescribed time limit;
(four) in accordance with the legal documents of the court and the arbitration institution;
(five) the registration is indeed wrong;
(six) there is evidence that the holder does not own the property rights of the house;
(seven) other circumstances that should be cancelled according to laws and regulations.
If the house ownership certificate is cancelled, the registration authority shall make a written decision and serve it on the parties concerned, withdraw the original issued house ownership certificate or declare the original house ownership certificate invalid.
Twenty-fifth registration agencies for housing ownership registration of housing property files, should be unified management, properly preserved.
It is forbidden to damage or modify or destroy the housing property archives without authorization. Housing property archives can be consulted, copied and copied according to regulations.
Chapter III Registration of Ownership
Twenty-sixth real estate development enterprises to develop and build commercial housing, should apply for the initial registration of housing ownership within 3 months from the date of delivery of commercial housing, and submit the following materials:
(1) State-owned land use certificate;
(two) the construction project planning permit;
(3) Surveying and mapping report;
(four) the project completion acceptance data;
(5) Other documents as prescribed by laws and regulations.
Twenty-seventh legal persons or other organizations to build new non-commercial housing, the right holder shall apply for the initial registration of housing ownership after the completion and acceptance of the housing, and submit the following materials:
(1) State-owned land use certificate or land use certificate;
(two) the proof that the construction project conforms to the plan;
(3) Surveying and mapping report;
(four) the project completion acceptance data;
(5) Other documents as prescribed by laws and regulations.
Twenty-eighth private houses built by natural persons, when the right holder applies for the initial registration of the house, he shall submit the certificate that the construction project conforms to the plan and the surveying and mapping report.
Twenty-ninth in accordance with the law to obtain all of the housing, housing ownership certificate, due to the following facts, it should be handled for the transfer of housing ownership registration:
(1) Buying, selling, exchanging, donating, inheriting, dividing and contributing shares at a fixed price;
(two) unit merger or change of affiliation;
(three) the people's court judgment (ruling, mediation), arbitration award (mediation) and other reasons lead to the transfer of housing ownership.
Thirtieth when the obligee applies for the registration of house ownership transfer, it shall submit the following materials:
(a) the sale, exchange, division, merger, investment and other ways to transfer the ownership of the house by contract, submit the certificate of ownership of the house and the contract;
(two) the gift, inheritance, submit the certificate of housing ownership and notarial certificate;
(3) If the transfer is decided according to the legal documents in force of the court or arbitration institution, the court judgment, conciliation statement, ruling or arbitration institution award or conciliation statement shall be submitted.
Involving the transfer of state-owned allocated land and housing ownership, in accordance with relevant state laws and regulations.
Thirty-first legal persons and other organizations shall handle the housing ownership certificate for employees within the time limit stipulated in the housing reform policy, and hand over the housing ownership certificate to the housing obligee within 10 days after obtaining the housing ownership certificate.
Article 32 Where the ownership of a house is forcibly transferred according to law, the applicant requests the transfer of registration according to the notice of assistance from the people's court and the effective court judgment (ruling, conciliation statement) and arbitration award (conciliation statement), and the original obligee assists the transfer of registration within the prescribed time limit, the registration authority may directly go through the transfer registration procedures and recover the original certificate of ownership of the house; If the original obligee fails to assist in the transfer registration within the prescribed time limit, the registration authority shall cancel the original house ownership certificate while handling the transfer registration procedures.
Thirty-third in any of the following circumstances, the housing rights holder shall apply to the registration authority for registration of change:
(1) The name of the creditor is changed;
(two) the street where the house is located, the house number or the name of the house has changed;
(three) the housing area has changed;
(four) approved by the competent department of city planning administration to change the original housing design purposes;
(five) the housing registration unit of the same owner is divided or merged;
(6) Other circumstances stipulated by laws and regulations.
Thirty-fourth housing owners to apply for registration of change, shall submit relevant materials in accordance with the following provisions:
(a) the name of the owner of the house (name) is changed, and the relevant certificates of the change of the name of the owner of the house shall be submitted;
(2) If the street, house number and house name where the house is located change, submit the certificate of ownership of the house and the change certificate issued by the unit that decided to change it;
(three) to increase the housing area, it shall submit the certificate of housing ownership, the construction project planning permit (or the resident housing permit) or the certificate that the construction project conforms to the planning, and the housing surveying and mapping report;
(four) if the housing area is reduced, it shall submit the certificate of ownership of the house, the report of housing surveying and mapping, and the registration form of housing loss and cancellation;
(five) if the design purpose of the house changes, it shall submit the certificate of house ownership, the approval documents or certification materials of the competent department of city planning administration;
(six) if the same owner divides or merges the housing registration unit, it shall submit the housing ownership certificate and the housing surveying and mapping report.
Thirty-fifth in accordance with the law to obtain the certificate of ownership of housing mortgage and other rights, the obligee and the applicant for registration of other rights shall apply for registration of other rights of housing with the following materials, and obtain the certificate of ownership of housing:
(1) Property Ownership Certificate. * * * Some houses shall also submit the house ownership certificate and other certificates that * * * someone agrees to set other rights;
(2) mortgage contract;
(3) Principal creditor's rights contract;
(4) Other documents as prescribed by laws and regulations.
Thirty-sixth to apply for the registration of his rights with the mortgage of the house under construction, the following materials shall be submitted:
(a) the certificate of state-owned land use right;
(two) the construction project planning permit;
(3) The principal creditor's rights contract secured by mortgage;
(4) mortgage contract;
(five) the applicant's identity certificate and the agent's power of attorney, evaluation report and list of collateral;
(6) Other documents as prescribed by laws and regulations.
Thirty-seventh due to the loss of housing, the termination of his rights and other reasons. The obligee shall apply to the registration authority for cancellation of registration.
When the obligee applies for cancellation of registration, it shall submit the original house ownership certificate, other rights certificates, relevant contracts, agreements, certificates and other documents.
Thirty-eighth housing demolition approved by the competent department of housing demolition, within 30 days after the completion of the demolition, the demolition unified application for cancellation of registration.
Thirty-ninth after the loss of the house, the owner of the house fails to cancel the registration according to the provisions of Article 37 of these measures, and the registration authority may directly go through the cancellation procedures.
If the cancellation of registration is directly handled in accordance with the provisions of the preceding paragraph, the registration institution shall inform the obligee in writing in advance and order the obligee to return the house ownership certificate within a time limit; If the relevant obligee fails to return the house ownership certificate within the prescribed time limit, the registration authority shall announce that the house ownership certificate is invalid in the news media of this Municipality.
Chapter IV Legal Liability
Fortieth real estate development enterprises in the delivery of commercial housing, not in accordance with the provisions of the registration authority to apply for registration, given a warning by the real estate management department, ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 20 thousand yuan or more and 30 thousand yuan or less shall be imposed; If losses are caused to the housing obligee, the housing obligee may bring a lawsuit to the people's court according to law.
Article 41 In case of any of the following acts, the real estate management department shall impose a fine of 1000 yuan per certificate, and cancel the obtained house ownership certificate according to law:
(a) to obtain the certificate of housing ownership by false or concealed illegal means;
(two) altered or forged housing ownership certificate.
Article 42 If a legal person or other organization fails to handle the house ownership certificate for its employees within the prescribed time limit or fails to issue the house ownership certificate to the house owner, the competent department at a higher level or the supervisory organ shall give administrative sanctions to the responsible person; The real estate management department may order it to make corrections within a time limit. Refusing to issue the house ownership certificate to the house owner, the real estate management department may reissue the house ownership certificate upon the application of the house owner, and cancel the applicant's house ownership certificate held by the legal person or other organization according to law.
Forty-third real estate management department staff have one of the following acts, by their units or supervisory organs, the person in charge and the person directly responsible shall be given administrative sanctions according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) in violation of legal procedures for registration;
(2) registering an applicant who does not have the qualification to apply or does not meet the registration requirements;
(three) beyond the statutory authority for registration;
(four) due to the intentional or negligent registration staff, resulting in improper registration of housing ownership;
(five) deliberately making things difficult for the applicant or refusing to register qualified applicants;
(six) there are other acts of abuse of power, favoritism and violation of laws, regulations and rules.
In case of any of the circumstances specified in Items (1), (2), (3) and (4) of the preceding paragraph of this Ordinance, the real estate management department may cancel the house ownership certificate according to the application of the relevant obligee or ex officio.
Chapter V Supplementary Provisions
Article 44 These Measures shall come into force as of March 6, 2008.