Overview of "Measures for the Administration of Urban Construction Archives in Shanxi Province" of Jinzhong Construction Engineering Trading Center;
Chapter I General Principles
Article 1 In order to strengthen the management of urban housing ownership, standardize the registration of housing ownership, and safeguard the legitimate rights and interests of housing owners, these Regulations are formulated in accordance with the "People's Republic of China (PRC) Urban Real Estate Management Law" and other relevant laws and regulations, combined with the actual situation of this province.
Article 2 These Regulations shall apply to the registration of house ownership on state-owned land within the urban planning area of this province.
Article 3 This Municipality implements the system of registration and certification of house ownership.
The registration and certification of urban housing ownership shall follow the principles of openness, justice, convenience and efficiency.
Fourth provincial people's government construction administrative departments responsible for the supervision and management of the province's urban housing ownership registration.
The real estate administrative department of the people's government of a city or county (city) divided into districts or the real estate administrative department of a city under separate state planning is the urban housing ownership registration authority within its administrative area (hereinafter referred to as the registration authority), and is responsible for the registration and management of urban housing ownership.
Chapter II General Provisions
Article 5 The registration of house ownership refers to the registration and certification of house ownership, mortgage, mortgage and other house rights arising from house ownership and the protection of house rights acquired in the future by the registration authority according to the application of the applicant for house rights.
The applicant for housing rights refers to a natural person, legal person or other organization that applies to the registration authority for housing ownership registration.
The owner of a house refers to a natural person, legal person or other organization who enjoys the ownership of the house, the land use right and other rights within the scope of the house occupation according to law, and carries out advance notice registration to protect the house rights acquired in the future.
Sixth housing ownership registration is divided into:
(1) general registration;
(2) Registration of ownership;
(3) Registration of other rights;
(4) advance notice registration.
The general registration of housing ownership refers to the unified registration of housing ownership within the administrative area by the people's governments at or above the county level in a certain period of time according to the needs.
Housing ownership registration includes initial registration, transfer registration, change registration and cancellation registration of housing ownership.
The registration of other housing rights includes housing mortgages, registration of pawning right, transfer registration, change registration and cancellation registration.
Pre-registration includes pre-registration and cancellation of ownership and mortgage of pre-purchased commercial houses and commercial houses under construction that are not pre-sold.
Article 7 An applicant for housing rights shall apply to the local registration authority for housing ownership registration and obtain a certificate of housing ownership. * * * Some houses have been applied for by * * * someone.
The house ownership certificate is the legal certificate owned by the house owner according to law, which is divided into house ownership certificate, house ownership certificate, house ownership certificate and advance notice registration certificate.
It is forbidden to forge, alter or buy or sell the house ownership certificate.
Article 8 Where an applicant for housing rights entrusts an agent to apply for housing ownership registration, the agent shall submit the identity certificate, power of attorney and my identity certificate of the applicant for housing rights to the registration authority.
Article 9 In any of the following circumstances, one party shall apply for the registration of house ownership:
(1) Newly built houses;
(2) Inheriting or bequeathing a house;
(three) the legally effective mediation, judgment or ruling of the people's court has transferred the ownership of the house;
(four) the legal mediation and ruling of the arbitration institution has transferred the ownership of the house;
(five) the name of the owner of the house or the use of the house, the house number, the structure and the area have changed;
(six) the cancellation of the ownership of the house without other rights;
(seven) the application for pre-sale of commercial housing or commercial housing under construction is not pre-sold;
(eight) cancellation of pre-purchased commercial housing mortgage advance notice registration or pre-sale of commercial housing under construction;
(9) Other circumstances stipulated by laws and regulations.
Tenth in any of the following circumstances, the parties shall apply for the registration of housing ownership:
(1) buying and selling houses;
(2) Exchange of houses;
(3) the donated house;
(4) Allocation of housing;
(five) the division and merger of housing ownership;
(six) to change or cancel the ownership of the house in which his right is set;
(7) Mortgaged houses;
(eight) housing settings;
(nine) the transfer, alteration and cancellation of other rights of the house;
(ten) for the pre-sale of commercial housing or commercial housing under construction mortgage notice registration;
(eleven) cancel the pre-registration of pre-sale of commercial housing ownership as pre-registration of mortgage or pre-registration of pre-sale of commercial housing ownership;
(twelve) cancellation of pre-purchase of commercial housing or pre-sale of commercial housing under construction mortgage notice registration;
(thirteen) other circumstances stipulated by laws and regulations.
Eleventh housing rights applicants to apply for housing ownership registration, should truthfully provide relevant materials, reflect the real situation, and be responsible for the authenticity of their application materials, and shall not take improper means such as concealment or deception to defraud the housing ownership certificate.
Twelfth personnel engaged in the registration of housing ownership shall undergo pre-job training and hold relevant certificates.
Thirteenth registration authorities shall register the ownership of houses in accordance with the following procedures:
(1) Accepting applications for registration;
(2) ownership review;
(three) approved the registration, issued a certificate of housing ownership.
Where the registration authority conducts the initial registration of house ownership, it shall also conduct on-the-spot investigation and announcement. Registration authority of other rooms.
Housing ownership registration, if necessary, can also be on-the-spot investigation or announcement.
Fourteenth registration agencies to accept the application for registration of housing ownership, where the ownership is clear and the information is complete, it shall complete the registration and certification work within the following specified time:
(a) the initial registration, transfer registration and ownership change registration shall be issued within 30 working days from the date of accepting the application;
(2) Registration, transfer registration and change registration of mortgage and mortgage right, and issue the house ownership certificate within 15 working days from the date of accepting the application;
(three) from the date of accepting the application 15 working days to issue a notice of ownership and mortgage registration;
(four) from the date of accepting the application 10 working days to approve the cancellation of registration, cancellation of housing ownership certificates.
Fifteenth registration agencies to accept the application for registration of housing ownership, one of the following circumstances, not to register:
(1) Failing to submit the certification materials on time;
(two) in accordance with the provisions of the need to go through the formalities;
(three) housing ownership disputes have not been resolved;
(four) illegal buildings or temporary buildings;
(5) Other circumstances stipulated by laws and regulations.
In the first, second and third cases of the preceding paragraph, after the ownership is clear and the information is complete, the registration authority shall handle it in accordance with the provisions of Article 14 of these regulations.
Sixteenth completed houses have not been initially registered for ownership, and other houses related to this house may not be registered for ownership.
Seventeenth registration agencies should establish a housing ownership register and keep it permanently.
The registration book of house ownership shall specify the location of the house, the name of the owner of the house, the way of acquisition, use, structure and area of the house, the transfer, alteration, cancellation and restriction of the right of the house, and the ownership relationship determined by the legally effective documents of the people's court, arbitration institution and administrative organ.
The registration institution shall provide convenience for the parties to consult, copy and copy the registration materials of housing rights, and keep confidential the contents involving state secrets, commercial secrets and personal privacy.
Eighteenth housing rights, interested parties found that the housing ownership certificate or housing ownership registration book records are wrong, they should hold the materials related to housing ownership to apply for correction.
If the registration authority finds that the house ownership certificate or the house ownership registration book is indeed wrong, it shall promptly notify the relevant parties and make corrections after verification; If the parties refuse to return the house ownership certificate because there is a mistake, the registration authority has the right to declare the house ownership certificate invalid and correct the relevant contents recorded in the house ownership certificate.
Nineteenth housing ownership certificate is lost, the housing owner shall promptly apply to the registration authority for a replacement, and the registration authority shall make an announcement after checking the files. If there is no objection within 60 days from the date of announcement, the registration authority shall reissue it within 5 working days, and indicate the words "reissue" on the house ownership certificate. Since the date of replacement, the original house ownership certificate shall be invalid; If there is any objection, the registration authority shall handle it in accordance with the relevant provisions.
If the house ownership certificate is damaged, the house owner may apply to the registration authority for renewal. Before the registration authority issues the house ownership certificate, it shall examine and recover the original house ownership certificate.
Chapter III Registration of House Ownership
Twentieth new housing, housing rights applicants should apply for initial registration within 6 months from the date of completion and acceptance of housing.
For houses that have not been initially registered before the implementation of these regulations, the applicant for housing rights shall apply for initial registration within 12 months from the date of implementation of these regulations.
Twenty-first sale of public housing and fund-raising housing, the unit shall apply for initial registration. The unit shall, within 60 days from the date of completing the initial registration, handle the house ownership certificate for the employees. Employees should cooperate and provide information such as application, identity certificate and house payment receipt.
Commercial housing is initially registered by real estate development enterprises. After the initial registration, the real estate development enterprise shall promptly notify the purchaser of commercial housing and provide relevant certification materials for handling the house ownership certificate.
Other houses other than those specified in the preceding two paragraphs shall be initially registered by the construction unit or individual.
Twenty-second new housing, housing rights applicants to apply for initial registration shall submit the following materials:
(1) an application;
(2) identification;
(3) Land use approval documents or certificates of state-owned land use rights;
(four) the approval document of the completion plan of the construction project;
(five) the housing completion acceptance record form;
(six) the housing area mapping report issued by a legally qualified surveying and mapping institution;
(seven) other materials as prescribed by laws and regulations.
Twenty-third houses that have not been initially registered before the implementation of these regulations, the applicant for housing rights shall submit the following materials when applying for initial registration:
(1) an application;
(2) identification;
(3) The location, structure and area of the house;
(4) Other materials as prescribed by laws and regulations.
For houses allocated, handed over or donated by the unit, proof materials of allocation, transfer and donation shall also be submitted.
The implementation of the private saving policy to return the house shall also be reported to the relevant government departments for approval.
For houses built before the implementation of the Urban Planning Law and the Land Management Law, proof of the ownership of the house at that time shall also be submitted.
Houses built after the implementation of the Urban Planning Law and the Land Management Law shall also submit the construction project planning permit, the approval document of the state-owned land use right or the certificate of the state-owned land use right.
Twenty-fourth for the initial registration of housing due to one of the following circumstances need to transfer the ownership of housing, the parties shall apply for transfer registration:
(1) buying and selling;
(2) exchange;
(3) inheritance;
(4) Legacy;
(5) donation;
(6) distribution;
(seven) the division and merger of housing ownership;
(eight) other circumstances stipulated by laws and regulations.
Twenty-fifth housing ownership certificate records one of the following changes, the housing owner shall apply for registration of change:
(a) the name of the owner of the house or his own name;
(2) the purpose of the house;
(3) house number;
(four) the structure and area of the house.
Twenty-sixth houses lost due to collapse, demolition and other reasons, the owner of the house shall promptly apply for cancellation of registration; Where other rights are set, the parties concerned shall apply for cancellation of registration. After verification by the registration authority, it will be approved, and the cancellation items will be recorded in the housing ownership registration book, and the housing ownership certificate will be recovered.
Twenty-seventh parties to apply for housing ownership transfer registration, change of registration or cancellation of registration, shall submit the following materials:
(1) an application;
(2) identification;
(3) Property ownership certificate;
(four) the proof materials and legal documents of the transfer, change or elimination of the ownership of the house;
(5) Other materials as prescribed by laws and regulations.
Chapter IV Registration of Other Rights of Houses
Twenty-eighth to obtain the ownership certificate of housing mortgage, mortgage parties shall apply for registration of his rights.
Article 29 Where a party applies for the registration of his other rights, it shall submit the following materials:
(1) an application;
(2) identification;
(3) Property ownership certificate;
(four) mortgage contract and its main contract or contract;
(5) Other materials as prescribed by laws and regulations.
Thirtieth parties to apply for registration of his rights, meet the conditions, the registration authority shall be recorded in the housing ownership certificate and the housing ownership registration book, and issue the housing ownership certificate to the mortgagee and pawnshop.
Article 31 If the principal creditor's rights and pawning rights of a house with mortgage or pawning rights are transferred during the existence of a mortgage contract or a pawn contract, the parties concerned shall apply for the registration of the transfer of other rights.
During the duration of the mortgage contract or pawn contract, if the mortgagor or mortgagor's name, or the house use, house number, structure and area of the mortgaged or pawned right change, the parties concerned shall apply for the registration of other rights change.
If the house with mortgage or pawning right is lost or transferred according to law, and the mortgage contract or pawn contract is terminated according to law, the parties concerned shall apply for cancellation of the registration of his other rights.
Article 32 Where a party applies for the transfer, alteration or cancellation of registration of his other rights, it shall submit the following materials:
(1) an application;
(2) identification;
(4) Property ownership certificate;
(3) Certificate of ownership of the house;
(five) proof materials and legal documents of the transfer, alteration or elimination of other rights of the house;
(six) other materials as prescribed by laws and regulations.
Article 33 If the demolition, renovation or reconstruction of the mortgagor is enough to damage or obviously reduce the value of the mortgaged house, the mortgagee has the right to ask the mortgagor to stop his behavior.
Chapter V Advance Notice Registration
Article 34 In order to ensure the future ownership of pre-sold commercial housing, the buyer may apply to the registration authority for the registration of the ownership of pre-sold commercial housing. Real estate development enterprises can also apply to the registration authority for the pre-sale registration of the ownership of commercial housing under construction that has not been pre-sold.
Where a pre-sold commercial house or a commercial house under construction is mortgaged, it shall apply to the registration authority for pre-registration of mortgage right.
Pre-sale of commercial housing or non-pre-sale of commercial housing under construction has not been registered for advance notice of ownership, and may not be registered for advance notice of mortgage.
Thirty-fifth pre-sale commercial housing buyers to apply for pre-sale commercial housing ownership registration, shall submit the following materials:
(1) an application;
(2) identification;
(three) the pre-sale contract of commercial housing registered for the record;
(4) Other materials as prescribed by laws and regulations.
Thirty-sixth real estate development enterprises to apply for the pre-sale registration of the ownership of commercial housing under construction, in addition to the provisions of the first, second and fourth items of this Ordinance, shall also submit the following materials:
(1) Pre-sale permit for commercial housing;
(two) the general contract of housing construction project or the general contract of construction.
Article 37 Where a party applies for pre-registration of mortgage right of pre-purchased commercial housing, it shall submit the following materials in addition to the materials specified in Items 1, 2 and 4 of Article 35 of these Regulations:
(1) Pre-registration certificate of ownership of pre-purchased commercial housing;
(2) The master contract;
(3) mortgage contract.
Article 38 When applying for pre-sale registration of mortgage right of commercial housing under construction, a party shall submit the following materials in addition to the materials specified in Items 1, 2 and 4 of Article 35 of these Regulations:
(a) the pre-sale registration certificate of the ownership of the commercial housing under construction;
(2) The master contract;
(3) mortgage contract.
Thirty-ninth housing rights after the advance notice registration, the parties shall apply for cancellation of advance notice registration, and provide the following materials:
(1) an application;
(2) identification;
(3) the certificate of advance notice registration;
(four) the proof materials of the pre-registered housing rights;
(5) Other materials as prescribed by laws and regulations.
After verification, the registration authority shall approve it, record the cancellation in the house ownership register, and recover the advance notice registration certificate.
Fortieth pre-purchased commercial housing that has been registered with the advance notice of ownership, the purchaser shall apply for the registration of housing ownership after the initial registration of the real estate development enterprise; Where a mortgage is established, the parties concerned shall apply for the registration of other rights.
Article 41 After the initial registration of the pre-sale commercial housing under construction, the real estate development enterprise shall apply for the registration of other rights.
Chapter VI Legal Liability
Forty-second in violation of the provisions of this Ordinance, forged, altered, the sale of housing ownership certificates, by the public security organs shall be given administrative penalties for public security; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-third in violation of the provisions of this Ordinance, to conceal, cheat and other means to defraud the housing ownership certificate. , revoked or declared invalid by the registration authority, and may impose a fine of 1000 to 3,000 yuan on individuals and a fine of 30,000 to 50,000 yuan on legal persons or other organizations; If losses are caused to others, compensation shall be made according to law.
Forty-fourth in violation of the provisions of this Ordinance, the real estate development enterprise has not handled the initial registration, and the registration authority shall order it to make corrections within a time limit; Overdue correction, a fine of 50 thousand yuan and 200 thousand yuan; If losses are caused to others, compensation shall be made according to law.
In violation of the provisions of this Ordinance, if other legal persons and organizations fail to apply for initial registration within the prescribed time limit, the registration authority shall order them to make corrections within a time limit; If no correction is made within the time limit, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the relevant responsible personnel are not given administrative sanctions according to law, the registration authority will impose a fine of 1000 yuan and 50,000 yuan on the unit.
In violation of the provisions of this Ordinance, the parties do not apply for the registration of the transfer of ownership of the house, and the registration agency shall order it to make corrections within a time limit.
Forty-fifth in violation of the provisions of this Ordinance, real estate development enterprises in the purchase of commercial housing for all of the housing did not provide relevant certification materials, the registration authority shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 50 thousand yuan or more and 200 thousand yuan or less shall be imposed.
In violation of the provisions of this Ordinance, the units that sell public housing and raise funds to build houses do not handle all the housing ownership certificates uniformly for employees, and the registration authority shall order them to make corrections within a time limit; If no correction is made within the time limit, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the relevant responsible personnel are not given administrative sanctions according to law, the registration authority will impose a fine of 1000 yuan and 50,000 yuan on the unit.
Article 46 Any staff member of the registration authority who commits any of the following acts shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) beyond the management authority issued by the housing management authority certificate;
(2) refusing to accept the application for registration without justifiable reasons or delaying the application after acceptance;
(three) due to intentional or gross negligence, resulting in housing ownership registration errors;
(four) other dereliction of duty, abuse of power, corruption.
If the non-registration authority illegally issues the house ownership certificate, the principal responsible person, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Chapter VII Supplementary Provisions
Forty-seventh before the implementation of these regulations, the ownership of the house has been registered by the registration authority, and it is no longer registered.
Forty-eighth after the collective land in the urban planning area is converted into state-owned land, the houses on the land shall be registered in accordance with the relevant provisions of these regulations.
Forty-ninth housing ownership registration on foreign owned land in urban planning areas shall be implemented with reference to these regulations.
Article 50 These Regulations shall come into force on June 6+1October 6+1October 6, 2006. 1June 998 16 The Measures for the Administration of Urban Housing Ownership Registration in Shanxi Province promulgated by the Shanxi Provincial People's Government shall be abolished at the same time.
Website of Jinzhong Construction Engineering Trading Center:/
Address of Jinzhong Project Bidding Network: Yingbin Street 194, Jinzhong City
Contact information of Jinzhong project bidding network: 0354-320 1953
Jinzhong project bidding network zip code: 030600
For more information about bid writing and improving the winning rate, click on the bottom customer service for free consultation.