(Order No. 3 of the People's Government of Shanghai Municipality April 23, 2003)
Article 1 (Purpose of formulation)
The present provisions are formulated with a view to implementing the Regulation of Shanghai Municipality on Real Estate Registration (hereinafter referred to as the Regulation).
Article 2 (Assessment of persons handling registration and their working at the posts)
The assessment of the persons handling real estate registration shall be uniformly organized by the Bureau of Shanghai Municipality for Administration of Real Estate Resources (hereinafter referred to as the Municipal Real Estate Resource Bureau). Those who are assessed to be qualified shall be issued the certificate for working at the post by the Municipal Real Estate Resource Bureau, while those who have not obtained the certificate for working at the post shall not engage in real estate registration.
Article 3 (Report on survey of land and housing)
The report on survey of land or housing submitted by the applicant for real estate registration shall be issued by a professional institution engaging in survey of land and housing. The land survey report shall be submitted in advance by a professional institution engaging in survey of land and housing to the Municipal Real Estate Resource Bureau or the district (county) administrative department of real estates for confirmation.
Article 4 (Procedure for registration of decisions on property preservation or other restrictive measures)
Where a judicial organ or administrative organ makes registration in the real estate registration institution (hereinafter referred to as registration institution) after it has made a decision on enforcing property preservation or other restrictive measure, the registration institution shall, within 5 working days after the receipt of the decision on the property preservation or other relevant restrictive measure, check it with the real estate registration book.
If, after the check, the party against whom or the real estate against which the property preservation or other restrictive measure is taken conforms to that recorded in the real estate registration book, it shall be registered; otherwise the persons handling the registration shall notify the relevant judicial organ or administrative organ.
Article 5 (Procedure for registration of the relevant documents of the administrative organs)
Where an administrative organ makes registration in the registration institution after it has made such a decision related to real estate rights as that on requisitioning collectively-owned land, approving land used for construction, permitting demolishment of houses or permitting advance sale of commodity houses, etc., the registration institution shall register the relevant documents on the date of receipt of them.
Article 6 (Registration of other rights attached to real estate)
If the parties set up inhabitation right, wayleave or other real estate rights by means of agreement, they may, with the related agreement, apply to the registration institution for registration of other rights attached to the real estate.
Article 7 (Particulars for which the party concerned may make registration and record)
"Documents related to real estate rights" prescribed in Article 16 of the Regulation shall include the following in addition to the contract for lease of house:
(a) documents of proof related to the dispute over ownership of real estate, which have been accepted by the people's court, arbitration institution or administrative organ;
(b) documents of promise made by the mortgagee to land use right or the mortgagee to a house construction project on waiving the right of mortgage for the corresponding part at the time of advance sale of the houses by unit;
(c) other documents related to real estate rights for which the party concerned needs to make registration and record.
Article 8 (Procedure for correction registration upon application by the obligee)
Where a real estate obligee applies for correcting the errors recorded in the real estate registration book in accordance with Paragraph 1 of Article 18 of the Regulation, the registration institution shall, within 7 working days as of the receipt of the application for correction, check the relevant documents of proof submitted by the real estate obligee and the application documents for registration on which the records in the original real estate registration is based.
If the real estate registration book is found through the check to have errors indeed, the registration institution shall correct them, and notify the applicant in writing; if the records in the real estate registration book have no errors and it is unnecessary to make a correction, the registration institution shall notify the applicant in writing, and state the reason thereof.
Article 9 (Limitations on dissent registration)
If, after a registered dissent is invalidated due to the expiry of a period of three months during which it is recorded in the real estate registration book, the original applicant again proposes the registration dissent regarding the same matter, the registration institution shall refuse to register it.
Article 10 (Two circumstances under which initial registration of land use right shall be made)
Where the party concerned to whom the real estate on the land with allotted land use right is transferred goes through the formalities of transferring the land use right, he shall apply for initial registration of the land use right.
After the means by the same person with land use right to use the land is converted from allotment into transfer or lease, the party concerned shall apply for initial registration of the land use right.
Article 11 (Circumstances under which the registration of real estate transfer or modification shall be handled)
In case of any of the following circumstances, the party concerned shall apply for the registration of real estate transfer:
(a) the co-owners of real estate is increased or reduced;
(b) there is any share transferred between the co-owners of real estate by shares.
In case of any of the following circumstances, the party concerned shall apply for registration of the real estate modification:
(a) one spouse is added to be the co-owner of the real estate that was registered to be owned by the other spouse;
(b) the real estate that was registered to be owned by one spouse is modified to be owned by the other spouse;
(c) the real estate that was registered to be jointly owned by a couple is modified to be owned by one of them;
(d) the relation of joint ownership of the real estate is converted from co-ownership by equal shares into common ownership or from common ownership into co-ownership by equal shares;
(e) the transferee of a transferred land use right concludes a supplementary agreement with the transferor, stipulating to modify the name of the transferee in the transfer contract into that of the project company he has established, with the exception that the transferee invests the said land use right converted into a valuated price.
Article 12 (Scope of registration of advance notice of the right of mortgage over a house construction project)
In case of an application for advance notice registration of the right of mortgage over a house construction project, the scope of mortgaged properties under the advance notice registration shall include the right to use the land occupied by the house construction project.
Article 13 (Procedure for cancellation of the involved right of mortgage at the time of transfer of houses by unit)
After the documents of promise made by the mortgagee to land use right or the mortgagee to a house construction project on waiving the right of mortgage of the corresponding part at the time of advance sale of the houses by unit has been registered and recorded, the registration institution shall, when approving the advance notice registration of the advance purchase of the commodity houses, cancel the mortgage registration of the land use right of the relevant part and the advance notice registration of the right of mortgage of the house construction project.
Article 14 (Registration of the real estate jointly owned by all owners)
A real estate development enterprise shall, when applying for initial registration of the ownership of houses, simultaneously apply for registration of the real estate jointly owned by all owners. The registration institution shall record it on the real estate registration book but shall not issue the certificate on the real estate ownership.
Article 15 (Documents of proof on which the registration institution is based to cancel real estate registration according to its power)
The registration institution shall, when canceling real estate registration in accordance with Article 41 of the Regulation, be based on the following documents of proof:
(a) proof of loss of the house issued by the district (county) administrative department of real estates at the locality of the house;
(b) the agreement concluded between the Municipal Real Estate Resource Bureau or the district (county) administrative department of real estates and the obligee on canceling the contract for transfer of land use right or the contract for lease of land use right;
(c) proof provided by the Municipal Real Estate Resource Bureau or the district (county) administrative department of real estates on termination of the transferred or leased land use right due to the expiry of the time limit for use of the land.
Article 16 (Ascertainment of conflicts at the examination of application for initial registration)
If there is any recorded particular of the land use right of others within the scope of the land under application for initial registration of land use right, it shall be ascertained that the particular under application for registration is in conflict with the records in the real estate registration book.
If there is any of the following recorded particular within the scope of the land under application for initial registration of house ownership, it shall be ascertained that the particular under application for registration is in conflict with the records in the real estate registration book:
(a) there is unilateral registration of advance notice of the transfer of house construction project;
(b) there is unilateral registration of advance notice of the transferred right to use large plot of developed land.
Article 17 (Ascertainment of conflicts at the examination of application for transfer registration)
Where the real estate under application for transfer registration has any of the following recorded particulars, it shall be ascertained that the particular under application for registration is in conflict with the records in the real estate registration book:
(a) if there is an advance notice registration of advance purchase by others of the commodity house or a unilateral registration of advance notice of transfer by others of real estate, but the party concerned applies for transfer registration of land use right due to transfer of a house construction project , the present item shall not apply;
(b) there are legal documents on registration of restrictive measures such as property preservation enforced by the judicial organ or administrative organ;
(c) any document of proof related to the dispute over ownership of real estate, which has been accepted by the people's court, arbitration institution or administrative organ, is registered or recorded.
Article 18 (Ascertainment of conflicts at the examination of application for modification registration)
If an application for modification registration due to any partition of real estate or any circumstance in Paragraph 2 of Article 11 of the present provisions contains any recorded particular in Article 17 of the present provisions, it shall be ascertained that the particular under application for registration is in conflict with the records in the real estate registration book.
Article 19 (Ascertainment of conflicts at the examination of application for cancellation registration)
If an application for cancellation registration due to abandonment of land use right or house ownership contains any of the following recorded particulars, it shall be ascertained that the particular under application for registration is in conflict with the records in the real estate registration book:
(a) there is registration of other rights attached to real estate;
(b) there is dissent registration;
(c) there is advance notice registration;
(d) there is registration of legal documents on restrictive measures such as property preservation enforced by the judicial organ or administrative organ;
(e) any document of proof related to the dispute over ownership of real estate, which has been accepted by the people's court, arbitration institution or administrative organ, is registered or recorded.
Article 20 (Ascertainment of conflicts at the examination of application for registration of other rights attached to real estate)
If, in addition to the application for canceling other rights attached to real estate, the real estate under application for registration of other rights attached thereto is under the registration of legal documents on restrictive measures such as property preservation enforced by the judicial organ or administrative organ, it shall be ascertained that the particular under application for registration is in conflict with the records in the real estate registration book.
For the real estate under application for registration of other rights attached thereto, if any document of proof related to the dispute over ownership of real estate, which has been accepted by the people's court, arbitration institution or administrative organ, is registered or recorded, it shall be ascertained that the particular under application for registration is in conflict with the records in the real estate registration book.
Article 21 (Ascertainment of conflicts at the examination of application for advance notice registration)
If the real estate under application for advance notice registration contains any of the following recorded particulars, it shall be ascertained that the particular under application for registration is in conflict with the records in the real estate registration book:
(a) there is registration of legal documents on restrictive measures such as property preservation enforced by the judicial organ or administrative organ;
(b) any document of proof related to the dispute over ownership of real estate, which has been accepted by the people's court, arbitration institution or administrative organ, is registered or recorded.
If the real estate under application for advance notice registration of the advance purchase of the commodity house contains the recorded particular prescribed in Paragraph 1 of the present article or contains the advance notice registration of commodity house purchased by others in advance, it shall be ascertained that the particular under application for registration is in conflict with the records in the real estate registration book.
If the application for canceling advance notice registration of a commodity house purchased in advance contains the recorded particulars prescribed in Paragraph 1 of the present article or contains the advance notice registration of a commodity house subject to the right of mortgage, it shall be ascertained that the particular under application for registration is in conflict with the records in the real estate registration book.
If the application for advance notice registration of the right of mortgage over a house construction project contains the recorded particulars prescribed in Paragraph 1 of the present article or contains the record of registration of the permit for advance sale, it shall be ascertained that the particular under application for registration is in conflict with the records in the real estate registration book.
Article 22 (Real estate registration fee)
The applicant for real estate registration shall pay the real estate registration fee as prescribed, and pay information inquiry fee for real estate registration as prescribed when consulting the real estate registration book or the relevant documents. The real estate registration fee and the information inquiry fee for real estate registration shall be turned in to the treasury as prescribed.
The proposals on the items of real estate registration fee and information inquiry fee for real estate registration shall be made by the Municipal Real Estate Resource Bureau, and be approved by the municipal financial department jointly with the municipal administrative department of price before the enforcement; the proposals on the fee rates shall be made by the Municipal Real Estate Resource Bureau, and be approved by the municipal administrative department of price jointly with the municipal financial department before the enforcement.
Article 23 (Link-up of the new regulation and the old one)
The applications for registration of real estate which were accepted before April 30, 2003 but haven't been examined shall be dealt with in accordance with the Regulation of Shanghai Municipality on Real Estate Registration (hereinafter referred to as the original Regulation) adopted at the 23rd meeting of the Standing Committee of the 10th People's Congress of Shanghai Municipality on November 30, 1995; the applications for registration of real estate accepted as of May 1, 2003 shall be dealt with in accordance with the Regulation.
The registration and record of contracts for advance sale of commodity house, the registration of mortgage of commodity houses purchased in advance, the registration of mortgage of house construction projects, which were made in accordance with the original Regulation, shall be deemed as advance notice registration and be subject to the Regulation as of May 1, 2003. Among which, if the initial registration of house ownership has been made, the applicable period of two years prescribed in paragraph 4 of Article 49 of the Regulation shall be calculated as of May 1, 2003.
Article 24 (Date of entry into force) The present provisions shall come into force on May 1, 2003.
