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Interim Regulation on Real Estate Registration (2024 Revision)

中文
Document Number:国务院令 第777号 Issuing Authority:State Council
Date Issued Effective Date Level of Authority Administrative Regulations Area of Law 消费者权益保护 Status Effective
Summary Revision record
Full Text

Interim Regulation on Real Estate Registration (2024 Revision)


(Promulgated by Order No. 656 of the State Council of the People's Republic of China on November 24, 2014; revised for the first time in accordance with the Decision of the State Council to Amend Certain Administrative Regulations on March 24, 2019; and revised for the second time in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 10, 2024)


Chapter I General Provisions
Article 1 To integrate real estate registration responsibilities, regulate registration, facilitate the people's application for registration, and protect the lawful rights and interests of right holders, this Regulation is developed in accordance with the Civil Code of the People's Republic of China and other relevant laws.
Article 2 For the purpose of this Regulation, “real estate registration” means the recording of the real estate ownership and other statutory matters in the real estate register by the real estate registration authority in accordance with the law.
For the purpose of this Regulation, “real estate” means land, sea area and fixtures such as buildings and woods.
Article 3 This Regulation shall apply to the initial registration, modification registration, transfer registration, deregistration, correction registration, dissent registration, advance notice registration, and seizure registration, among others, of real estate.
Article 4 The state applies a uniform registration system for real estate.
Real estate shall be registered under the principles of strict management, stability, continuity and facilitation for the people.
Real estate rights which have already been enjoyed by the right holder of a real estate in accordance with the law shall not be affected by the change of the registration authority and registration procedures.
Article 5 The following real estate rights shall be registered in accordance with the provisions of this Regulation:
(1) Collective land ownership.
(2) Ownership of constructions and structures, such as buildings.
(3) Ownership of forests and woods.
(4) Right to the contracted management of land such as farmland, forest land and grassland.
(5) Right to use land for construction.
(6) Right to use homestead land.
(7) Right to use sea area.
(8) Easement.
(9) Mortgage right.
(10) Other real estate rights required to be registered according to the relevant laws.
Article 6 The competent department of natural resources of the State Council shall direct and supervise real estate registration across the country.
A local people's government at or above the county level shall designate a department as the real estate registration authority in its administrative region to register real estate, and such a department shall accept the guidance and supervision of the competent real estate registration authority of the people's government at a higher level.
Article 7 Real estate shall be registered by the real estate registration authority of the county people's government at the place where the real estate is located; and the people's government of a municipality directly under the Central Government or a districted city may determine the real estate registration authority at the same level to uniformly register real estate in all districts under its jurisdiction.
The real estate across administrative regions at the county level shall be registered respectively by the real estate registration authorities of administrative regions at the county level where the real estate is located. If separate registration could not be realized, the real estate registration authorities of relevant administrative regions where the real estate is located shall consult for the registration; if no agreement could be reached, the real estate shall be registered by the authority designated by the competent real estate registration authority of the people's government at the next higher level which administrates both the aforesaid two administrative regions.
The registration of real estates such as the forests, woods and forest land in key state-owned forest areas determined by the State Council, the sea area and island used for projects approved by the State Council, and the state-owned land used by central state authorities, shall be provided for by the competent department of natural resources of the State Council together with other relevant departments.
Chapter II Real Estate Register
Article 8 Real estate shall be registered based on the real estate unit. The real estate unit has the exclusive code.
The real estate registration authority shall establish a uniform real estate register according to the provisions of the competent department of natural resources of the State Council.
The real estate register shall record:
(1) the natural conditions such as the location, boundary, space, acreage, and usage of the real estate;
(2) the ownership conditions such as the owner, type, content, resource, term, and change of ownership of real estate rights;
(3) the matters involving the limitation on and reminder of real estate rights; and
(4) other relevant matters.
Article 9 The real estate register shall be in the electronic medium, and if the relevant conditions are temporarily not ripe, the paper medium may be adopted. The real estate registration authority shall specify the exclusive and lawful form of medium of the real estate register.
Where the real estate register is in the electronic medium, it shall be backed up at a different place on a periodical basis, and has the exclusive and definite paper transformation form.
Article 10 The real estate registration authority shall, in accordance with law, record all kinds of registered matters in the real estate register in an accurate, complete and clear manner. No one may destroy the real estate register, or amend the registered matters, unless the matters are corrected in accordance with law.
Article 11 Real estate registrars shall have the professional knowledge and proficiency commensurate with real estate registration.
The real estate registration authority shall enhance the management and specialized technical training for real estate registrar......

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