Processing process

Acceptance → Review → Registration → Certificate making → Charge → Certificate issuance

Legal basis:

"Real Estate Registration" Article 5 of the Interim Regulations: The following real estate rights shall be registered in accordance with the provisions of these Regulations:

(1) Ownership of collective land;

(2) Ownership of buildings and structures such as houses;

(3) Ownership of forests and forest trees;

(4) Land contract management rights of cultivated land, woodland, grassland, etc.;

(5) Construction land use rights ;

(6) Homestead use rights;

(7) Sea area use rights;

(8) Easements;

(9) Mortgage rights;

(10) Other real estate rights that need to be registered by law.

Chapter 5, Section 3, Advance Notice Registration of the "Interim Regulations on Real Estate Registration" Chapter 5 :

(1) Pre-sale of real estate such as commercial houses;

(2) Sale and mortgage of real estate;

(3) Mortgage set up with pre-purchased commercial houses rights;

(4) Other circumstances stipulated in laws and administrative regulations.

During the period when advance notice registration is effective, if any application for registration of the right to dispose of the real estate is made without the written consent of the right holder of advance notice registration, the real estate registration agency shall not handle the application.

After notice registration, if the creditor's rights have not been extinguished and the party applies for real estate registration within 3 months from the date when the corresponding real estate registration can be carried out, the real estate registration agency shall handle the corresponding registration according to the notice registration matters.

Article 86 To apply for advance notice registration of commercial housing, the following materials shall be submitted:

(1) The registered commercial housing pre-sale contract;

( 2) Agreement between the parties on notice registration;

(3) Other necessary materials.

After the pre-seller and the pre-purchase enter into a commercial housing sales contract, if the pre-seller fails to apply for advance notice registration with the pre-purchase person as agreed, the advance purchaser may unilaterally apply for advance notice registration.

The pre-purchase party unilaterally applies for advance notice registration of pre-purchased commercial housing. If the pre-seller and the pre-purchase party include conditions and time limits for advance notice registration in the commercial housing pre-sale contract, the pre-purchase party shall submit corresponding materials.

If the commercial housing applying for advance notice registration has gone through the first registration of the mortgage of the building under construction, the party concerned shall also apply for cancellation registration of the mortgage of the building under construction, and submit the real estate ownership transfer materials and real estate registration certificate. The real estate registration agency shall first handle the cancellation registration of the mortgage of the building under construction, and then handle the advance notice registration.

Article 87 When applying for notice registration of real estate transfer, the party concerned shall submit the following materials:

(1) Real estate transfer contract;

(2) Transfer The real estate ownership certificate of the other party;

(3) The parties’ agreement on advance notice registration;

(4) Other necessary materials.

Article 88 When applying for advance notice registration for mortgaging real estate, the party concerned shall submit the following materials:

(1) Mortgage contract and principal creditor’s rights contract;

(2) Real estate ownership certificate;

(3) Agreement between the parties on advance notice registration;

(4) Other necessary materials.

Article 89: If the advance notice registration has not expired and one of the following circumstances occurs, the party concerned may present the real estate registration certificate, the materials showing the elimination of the creditor's rights or the obligee's abandonment of advance notice registration, and the provisions of laws and administrative regulations. Other necessary materials to apply for cancellation of notice registration:

(1) The right holder of notice registration gives up the notice registration;

(2) The creditor's rights are extinguished;

( 3) Other situations stipulated in laws and administrative regulations.