Shanghai Real Estate Registration Adopts New Regulations

The "Property Law" implemented on October 1st, as a basic civil law governing property relations, provides comprehensive and detailed provisions on the ownership and use of the property, especially the legal relationship between ownership and use of land and buildings. In Shanghai, the current real estate registration regulations, some of which are not completely consistent with the “Property Law”, Shanghai recently carried out a comprehensive review of real estate registration, and proposed amendments to the current registration regulations. The reporter learned today that with the consent of the Municipal People’s Congress, the municipal government formulated the “Several Opinions of the Shanghai Municipal People’s Government on Implementing the People’s Republic of China Property Law and Doing a Good Job on the Real Estate Registration of the Municipality” as a transitional provision on the responsibilities and registration of registration agencies. The contents of the date, advance notice registration, correction registration, objection registration, etc. have been clearly defined.

Responsibility for registration agencies is even higher

Article 12 of the Property Law stipulates the responsibilities of the registration agency, including the inspection of data, the inquiry of the applicant, the timely registration of the applicant, and the fact that it can be viewed on the spot when necessary. In the process of acceptance, if the registration organization considers that the application registration is inconsistent with the application registration document submitted, the lack of association between the submitted application registration documents or the relevant circumstances of real estate needs further proof, the applicant may be required to supplement the materials. In addition, if the real estate registered by the parties is inconsistent with the contents recorded in the register, and other conditions that the registration agency considers necessary to be viewed on site, the registration agency may visit the real estate to check the status of the registered objects. The purpose of doing so is that the registration agency should fully perform its duties within its own terms of reference and ensure that the relevant real estate rights are recorded truthfully, accurately, and in a timely manner to avoid registration errors. Different from the previous work process, the "inquiry applicant" and other links were added during registration.

There are important changes in the definition of "registration date"

Article 14 of the “Property Law” clearly stipulates the time when the right of real property occurs, namely, “the establishment, change, transfer, and extermination of property rights of real estate, which shall be registered in accordance with the law, shall have effect when recorded in the real estate register. "Article 11 of the "Registration Regulations" of Shanghai stipulates that "After the audit meets the requirements, the real estate registration agency shall record the relevant matters in the real estate register, and the date of acceptance of the registration application shall be the registration date." Since the meaning of the registration date is essentially the date when the change of the real estate rights has taken effect, Shanghai’s original rules for recording dates back to the acceptance date as the registration date should be adjusted in accordance with the principle that the “property law” determines the effective date of the registration. The date of registration is based on the date of record. The “Several Opinions” also explicitly requires the registration authority to record the real estate registration items that have been verified and complied with in the register, and to mark the date of record as the registration date. It should be reminded that during the audit of the registration authority, seizures, objection registrations, etc. may occur, which may bring potential risks to real estate transactions.

Change concept of "certificate" light "registry"

Article 16 of the Property Law stipulates that "the immovable property register is the basis for the ownership and content of property rights." It is clear that the immovable property register is the legal basis for real estate rights and therefore requires the registration agency to truthfully register the registration information in the register. Make the register more credibility and publicity.

The ownership and content of the real property rights should be based on the immovable property register, while the immovable property right certificate is only the external performance of the contents recorded in the immovable property register. The items recorded in the real property right certificate should be consistent with the immovable property register; when records are inconsistent The property law provides that, except where there is evidence to prove that the real property registration book is indeed in error, the real property registration book shall prevail. In order to maintain transaction security, before signing a transaction contract, you can first check with the registration authority the property rights of the real estate and whether or not a mortgage is set up. Article 18 of the Property Rights Law also provides that right holders and interested parties may apply for inquiry and copy registration. Information, registration agencies should provide. This fully demonstrates that the publicity of the register is of great significance in protecting the security of transactions.

Pay attention to "pre-registration registration" to prevent "a woman and two marriages"

Article 20 of the "Property Law" stipulates that "the agreement signed by the parties to purchase or sell real estate or other real estate shall, in order to ensure the realization of property rights in the future, apply to the registration authority for advance notice registration in accordance with the agreement. After the advance notice is registered, the right-holder registered without prior notice agrees. Anyone who disposes of the immovable property shall not have the effect of property rights. After the advance notice has been registered, if the creditor’s rights have been extinguished or no registration has been filed within three months from the date of the immovable property registration, the advance notice registration will automatically become invalid.”

The original provisions of the Shanghai Registration Regulations on the advance notice registration are: Can be applied unilaterally or by both parties; The expiry date of the advance notice registration is two years from the date of the initial registration, and the existing house is two years from the date of the advance notice registration. According to the provisions of the Property Law, the advance notice of Shanghai is registered by the two parties and is not divided into 期房 and existing houses. When a unilateral application for advance registration is registered, the registration institution must examine the parties’ stipulated documents concerning the application for advance notice registration. If both parties register in advance, they still maintain the current operation. program. The time limit for the advance notice registration is adjusted accordingly. That is, if the creditor’s rights are extinguished after registration of the advance notice, or if no real estate registration is filed within three months from the date of registration of the land use right, house ownership, and real estate other rights, the advance notice registration will be invalid.

The general real estate registration is to register real estate rights. The advance notice registration is a kind of right to request changes in real estate rights in the future. It has exclusive effect and can prevent property owners from “one house and two sell”.

Use "correct registration" to protect your property rights

Article 19 of the Property Law stipulates: “If the right holder or interested party believes that the matter recorded in the immovable property register is wrong, he may apply for correction of the registration. The right holder recorded in the immovable property register agrees in writing to correct it or has evidence to prove that the register is indeed wrong. The registration agency should make corrections."

Correcting the registration is to protect the real right holder's property rights, permitting the real right holder or interested party to correct the contents of the real estate register according to the actual state of rights. If the real estate right holder or interested party believes that the items recorded in the real estate registration book are wrong, they can apply for correction registration. At the time of application, the party that corrects the application shall submit to the registration authority the relevant evidence that it believes that the items in the register are erroneous. There are two types of situations that a registration authority should correct: First, the rights holders in the record book agree in writing, and the records on the register are indeed wrong. Second, there are court decisions that are in force, arbitration institutions, and the People's Government The land ownership dispute settlement decision can prove that the ownership record is indeed wrong.

During the correction of the registration process, the registration agency suspended the application registration of the rights holder of the record book due to the assignment, establishment of other rights, leases, etc.; the registration authority was in the process of transferring, setting up other rights, lease, and other real estate registration. If a related party applies for registration correction, the registration agency shall suspend the verification of the relevant registration and notify the parties in writing.

"Dispute registration" added "previous road" procedures, reducing the effective time limit

Article 19 of the Property Law stipulates that “if the owner of the real estate registration book does not agree with the correction, the interested party may apply for objection registration. If the registration authority issues an opposition registration, the applicant shall not file a lawsuit within 15 days from the date of the opposition registration. The registration is invalid. If the objection is registered improperly and the right holder is damaged, the right holder may request the applicant for damages."

Dissent registration is essentially a temporary protection measure for the interests of real rights holders. According to the "Property Law" requirements, Shanghai's original opposition registration requirements have changed, first, before the application for opposition registration must apply for correction of registration. After an interested party submits a correction application, if the right holder recorded in the real estate register does not agree with the correction, the interested party may apply for objection registration. If the right holder recorded in the register does not agree to correct the registration, it may be presumed that they do not agree with the correction and enter the objection registration directly. Second, the validity period of objection registration was adjusted from the original 3 months to 15 days, that is, the parties must file a lawsuit within 15 days after the opposition registration, otherwise the objection registration will be invalid on the 15th. Within 15 days from the date of opposition registration, the applicant shall file a lawsuit, arbitration, or land ownership dispute, and present to the registration authority a notice of acceptance or a written document from the relevant authority that can prove that the lawsuit has been filed. After the litigation, arbitration or dispute settlement procedures are concluded, the parties concerned may apply for correction of registration or cancellation of objection registration on the basis of a judgment, award or decision on ownership dispute resolution. Thirdly, during the opposition registration period, the registration agency suspended the registration of the right holder of the registration book due to the circumstances of transfer, setting up other rights, lease, etc.; the registration agency was in the process of registration of real estate registration, assignment of other rights, lease, etc. If an interested person applies for objection registration and a registration institution issues an objection registration, it shall suspend the examination of the relevant registration and notify the parties in writing.

At the same time, in order to prevent abuse of the objection registration system by the dissent registration applicant, the interests of the rights holders recorded in the register may be damaged. If the “Property Law” stipulates improper registration of objections and causes damage to the right holder, the right holder may request damages from the applicant. Compensation.

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