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......