Laws of the Guangdong Province

Regulations of Shenzhen Economic Special Zone on the Registration of Real Estate

 (Adopted at the 13th  meeting of the first Standing Committee of People' s Congress of Shenzhen Municipality on December 26,1995. Promulgated at the No.2 Announcement by the Standing Committee of People' s Congress of Shenzhen Municipality on January 18, 1993 and become effective on July 1, 1993.) 

ChapterⅠ  General Principles

Article 1  These Regulations are formulated in accordance with the basic principle of laws and regulations, in light of the specific situation of Shenzhen Economic Special Zone (thereinafter "Special Zone" ), with a view to confirming the real property, safeguarding the rights and interests of owners and strengthening the administration of real estate.

Article 2  For the purpose of these Regulations, the term "real estate" means the lands and the constructions or attachments on lands.

The term "owner" means the holders of the rights to real property which shall be registered according to these Regulations. 

The term "real property" means the usufruct of owners to lands and the ownership to the constructions or attachments on lands, and other rights raised from the above rights.

Article 3  When establishing, transferring, altering or determining the right of real property, the parties shall conduct the relevant registration in accordance with these Regulations.

The right of real property registered legally shall be protected by laws.

Article 4  The competent administration department in charge of real estate of the People' s Government of Shenzhen Municipality (hereinafter refers to "the municipal government" ) is the registration organ of real estate in the special zone (hereinafter refers to "the registration organ" ). 

Article 5  A certificate of real property is the proof for owners to manage, operate, use and dispose real estate according to the laws. 

The registration organ shall examine and confirm the real property which the applicant applies to register, and issue a certificate of real property.

Chapter Ⅱ Normal Provisions

Article 6  The real estate shall be registered with a parcel of land as a unit.

If a parcel of land belongs to more than two owners, every owner may apply respectively to register the share of the ownership to the constructions or attachments on lands and the usufruct to lands. 

A parcel of land mentioned in the former paragraph means a piece of closed land defined according to the attribution of rights.

Article 7  If there are constructions or attachments on land, the land and the constructions or attachments shall be registered together.

While the application to register the right to the use of land has not been proved, the ownership and other rights of the constructions or attachments on land shall not be registered.

Article 8  The registration of real property shall record the owners, character of rights, source of rights, obtaining time, condition of alteration and the real estate' s acreage, structure, usage, value, grade, location, coordinate and shape. 

Article 9  The registration organ shall prepare a register book and make an all-sided, true and precise recordation of the registration items of real estate according to serial number of land. The contents of the register can be consulted and copied.

The register book, cadastre and the original materials of real estate shall be preserved forever.

Article 10  The certificate of real property shall be made and published uniformly by the municipal government. The certificate shall not be altered. Any alteration or the certificate shall be deemed to be invalid. Any alteration in a register book for real estate shall be stamped on a check seal of the registration organ. 

When the contents of the certificate of real estate are different from those of the register book of real estate, the latter shall be taken as the standard.

If a party dissents the recordation of the register book, the registration organ shall check the original voucher whose content shall be taken as the standard. 

Article 11  The registration of real estate shall exercise a uniform form system. 

The forms shall be made by the registration organ in accordance with these Regulations and working demands. 

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Article 12  The name of the right owner registering real estate shall be:

1. its legal name, if the right owner is an enterprise;

2. its legal name or the name confirmed by the government, if the right owner is a national organ or a public institution;

3. its name registered according to laws or the name approved by the government, if the right owner is a non-artificial organization;

4. the name on his legal identity card, if the right owner is an individual; or

5. the names of every owner, if the right owner is part owners.

Article 13  The registration of buying and selling, mortgaging, dividing, exchanging and presenting the real estate shall be applied together by relevant parties. 

Under any one of the following circumstances, a party may apply for the registrations of real property alone:

1. applying for the initial registration of the use-right of land or ownership of constructions or attachments;

2. applying for the transferring registration of real estate inherited or devised;

3. applying for the relevant registrations of real property obtained due to the valid judgment, ruling and mediation of People' s Courts.

4. applying for alteration registration;

5. applying for the log-out registration resulted from the expiration of the use term of land; or

6. applying for other registrations caused by applying to draw again or changing the certificates of real property after they are lost or damaged;

Article 14  The registration organ may register real property directly under the following occasions:

1. the real estate is trusted by the registration organ according to laws or is determined as ownerless property by the people' s court;

2. the parties do not logout the registration on time when the mortgage term expires,;

3. the parties do not logout the registration according to regulations when the use term of land expires; and

4. the occasions provided in item 1 to 5, paragraph 1, article 20.

When the registration organ has registered directly, it shall declare the result of registration.

Article 15 The day when the registration organ receives the applying documents from applicants shall be the applying day. 

If two or more than two (including two) applicants apply to register the same real estate, they shall be examined according to the order from early to late of the serial numbers of applications which have been accepted. 

Article 16 The documents submitted for applying registration shall be original. If the party can not submit the original document, the copy is permitted which shall be stamped a check seal and deposited after being verified by the registration organ. 

Article 17 The applicant may entrust another person in applying for registering real property.

If the agency is entrusted in applying for registration, it shall submit an authorized letter of the owners to the registration organ. The authorized letter of overseas owners shall be notarized or authenticated in accordance with the regulations.

Article 18  If the documents shall be notarized by the notarization organ according to the laws and regulations or the agreements of parties, the applicant shall provide the notarization letter when applying for registering the real property.

Article 19 If the real property which shall be registered has still not been registered after expiration, it would be regarded as a state-agency property if nobody applies for the registration after the registration organ have announced for more than one year, and the agency term is 3 years.

The owner shall pay the actually occurred fees if his application in the agency period is approved.

If nobody applies to register in the agency term, the registration organ shall petition the people' s court to confirm that it is an ownerless property.

Article 20  No unit or individual may seize or sequestrate the real estate which has been approved to register according to laws, or restrict the owners from the real property in other ways, except in the following occasions:

1. the registration organ makes a decision of canceling the registration which has been approved in accordance with these Regulations;

2. the people' s court makes an effective judgment or ruling on seizing or sequestrating the real estate, canceling the registration or restricting the real property in other ways;

3. the public security organ or prosecuting organ makes a decision on sequestrating or restricting the real property in other ways according to the condition of cases which have been on file; 

4. the municipal government or its competent department in charge of lands make a decision to confiscate, take back, expropriate the lands or restrict the real property in other ways;

5. other occasions in accordance with the laws and regulations.

The judgment, ruling or decision made according to the above items shall be sent to the registration organ. The registration organ shall directly register according to the contents of the judgment, ruling or decision.

The contents and term of sequestration or restriction shall be listed in detail in the ruling or decision. After the term expires, the registration organ shall directly log out the sequestration or restriction.

Article 21 The longest term of sequestrating of real estate or restriction of real property in other ways shall be not more than 6 mouths. If it is necessary to continue the sequestration or restriction after the term expiration, the relevant organ shall make a ruling or decision to continue the sequestration or restriction before the expiration and sent it to the registration organ.

Chapter Ⅲ Registration Procedures

Section Ⅰ General Rules

Article 22  The registration of real property shall be conducted according to the following procedures:

1. putting forward an application;

2. accepting the application;

3. examining the applied documents;

4. investigating the adscription of rights;

5. announcing pursuant to these Regulations;

6. confirming the real property;

7. recording the registration items approved into a register book of real estate;

8. charging the fees and issuing a certificate of real property; and

9. establishing a dossier and filing.

Article 23  The parties shall submit an application and relevant documents in the provided term of these Regulations when applying to register real estate. If the parties can not apply to register in the provided term because of force majeure or other proper reasons, the registration term shall be delayed within 5 days after the obstacles are eliminated. 

If the application documents are not complete or not pursuant to regulations, the registration organ shall not accept them.

The registration organ shall edit the application with number and give a receipt to the applicant after accepting the application.

Article 24  After examination, the registration organ shall approve and register the application in the provided term of these regulations, confirm the real property, and issue a certificate of real property if the application accords with regulations. The registration organ shall reject the application which is not pursuant to these Regulations, and inform the parties in writing within 30 days upon accepting the application.  

Article 25  If the applicant does not agree with the rejection of appliance, he may apply to the registration organ for review within 15 days upon receiving the notice.

The registration organ shall review the registration application within 30 days upon receiving the application for review, and make a review decision. If the party does not agree with the decision of review made by the registration organ, he may apply to the administrative review organ in municipal government for review or bring a litigation before people' s court within 15 days upon receiving the decision of review.

Article 26  The registration organ may make a decision to reprieve the registration and inform the party in writing in the following occasions:

1. the dispute of property rights is not resolved;

2. the problem about illegal use of land or illegal construction is not be dealt with or is being dealt with;

3. the application documents need to be amended or complemented after accepting the application;

4. it is necessary to reprieve the registration in the occasions stipulated by the provisions of item 2, 3, 4 and 5 of paragraph 1 of Article 20 in these Regulations;

5. other occasions in which it shall reprieve to register in accordance with the laws, regulations and rules of the municipal government.

If there is no reason of reprieve of registration, the registration organ shall approve the registration.

Section Ⅱ Initial registration

Article 27 The user of the land or the owner of a construction or its attachment shall apply for initial registration if he is not confirmed his real property or issued a certificate of real property by the registration organ, except under the circumstance provided in Article 62 of these Regulations.

Article 28  The right owner shall apply for initial registration within 30 days upon obtaining the use-right of land, or within 60 days upon obtaining the certification of acceptance of completed constructions or attachments.

Article 29  Anyone who applies for initial registration of the use-right of land shall submit the following documents:

1. the application form for initial registration of real property;

2. the identity certificates, including individual identity certificate, business license of legal body of enterprise and certificate of statutory agent, certificate of the principal of state' s organ, document for establishing of an organization approved by the municipal government and certificate of the principal of this organization. The identity certificate provided by the enterprise or organization overseas shall be notarized or authenticated according to the regulations;

3. the certificate of the rights to land, including:

(1) anyone who obtains the use-right of land by assignment shall submit the following documents:

（ = 1 \* roman i）the contract of use of land. If the owner may expropriate the land by himself in accordance with the stipulations of contract, he shall submit together the agreement of compensation for expropriation;

（ = 2 \* roman ii）the certificate for having paid off the price of land;

(2) anyone who obtains the use-right of land by administrative allocation shall submit the following documents:

（ = 1 \* roman i）the document of approving the use of land made by the municipal government;

（ = 2 \* roman ii）the red line chart for the use of land;

（ = 3 \* roman iii）the agreement of compensation for the expropriation of land.

(3) the relevant documents if he obtains the use-right of land by other ways;

4. the report on the result of field mapping which has been recognized by the registration organ and be issued by the survey organ.

Article 30 When applying to register the ownership of constructions or attachments, the applicant shall submit the following documents:

1. the certificate of the rights of land;

2. the architecture license;

3. the construction license;

4. the certification of acceptance of finished construction;

5. the settlement paper which shall be examined by the organ appointed by the municipal government;

6. the total ichnography for construction and designation, and the finishing chart of constructions (including the plane , tridimensional and section drawing of a single construction); and

7. the report on the result of field mapping which has been recognized by the registration organ and be issued by the survey organ.

Article 31  The applicant shall put forward the administrative penalty decision when applying for registration if the land or construction is illegally-used land or illegal construction which has been permitted to use after being disposed.

Article 32  The registration organ shall respectively record the words such as "administratively allocated land" , "the use of land for pay" , "low price land" , "land for free" , "commercial housing sold to inside" , "commercial housing sold to outside" , "commercial housing of small profits" , "commercial housing of full cost" , "commercial housing of quasi cost" according to the different sources of the rights to land into the register book of real estate and the certificate of real property.

Article 33  If the initial registration accords with the regulations after being examined, the registration organ shall make a preliminary decision within 60 days upon accepting the application, and shall make an announcement with a term of 30 days.

If nobody objects to the initial decision, the registration organ shall approve the registration after the announcement expires and issue a certificate of real property to the applicant.

Article 34 If anybody objects to the initial decision in the announcement of initial registration, the registration organ shall deliver a copy of the objection to the applicant within 15 days upon receiving the written objection. The applicant shall make a written reply to the registration organ within 15 days upon receiving the copy. If the applicant does not reply in the time limit, the registration organ shall cancel the initial decision and reject his application.

The registration organ shall investigate and verify the objection or the applicant' s reply, and shall make a decision and inform the parties in writing on whether the objection is valid or not. If the party does not agree with the decision of the registration organ, he may apply to the administrative organ of the municipal government for review or bring a litigation before the people' s court within 15 days upon receiving the decision notice.

Article 35  When the term of use of land expires, the party shall conduct an initial registration in accordance with the provisions of this section if he is approved to renew the term.

If the acreage of the real estate undergoing initial registration adds, the additional part shall be put under the initial registration according to the provisions of this section.

Section Ⅲ Transference Registration

Article 36  The party shall conduct the transference registration within 30 days upon the contract or other legal papers becoming effective, if the real property undergoing initial registration is under any one of the following circumstances:

1. purchasing or selling;

2. presenting;

3. exchanging;

4. inheriting;

5. division of the joint real estate;

6. compelling transference judged or ruled by the people' s court; or

7. other compelling transfer made according to the laws and regulations;

Article 37 To apply for transference registration, the applicant shall submit the following documents:

1. the application of registration for transferring real estate;

2. the certificate of real property;

3. the identity certificate; and

4. the purchasing contract, or presenting paper, or inheriting certificate, or transfer agreement, or the effective judgment or ruling or mediation made by the people' s court, or administrative decision made by the relevant administrative organ, or division agreement.

As for the land of administrative allocation or with low-price or no charge, if the land price needs to be filled up at the transference according to regulations, the applicant shall submit the certificate of having paid off the land price.

Article 38  The applicant shall submit the document of approving the transference made by the department of property right when transferring the real estate of an enterprise which is not a legal person or an organization   

Article 39 The registration organ shall examine the application, and approve the transference registration within 30 days upon accepting the application and replace the certificate of real property with a new one if the application satisfies the requirements.

Section Ⅳ Mortgage Registration

Article 40  The parties shall apply for mortgage registration on the mortgaged real property within 15 days upon the mortgage contract becoming effective. 

Article 41  Anyone who applies for mortgage registration shall submit the following documents:

1. the application form for the mortgage registration of real estate;

2. the certificate of real property;

3. the identity certificate; and

4. the mortgage contract.

Anyone who mortgages the real estate of an enterprise which is not a legal person, or an organization shall submit the document of approving the mortgage made by the department of property right.

Anyone who mortgages the real property purchased in advance shall submit the documents provided in item 1, 2 and 4 of paragraph 1 in this article and the contract of purchasing real estate.

Article 42  The registration organ shall examine the application, and approve the mortgage registration within 15 days upon accepting the application if the application satisfies the requirements.

Article 43 If the mortgage registration is approved, the registration organ shall stamp a special seal for mortgage onto the certificate of real property and make a recordation in the register book of real estate. The mortgage recordation shall include the mortgage' s obligee, the acreage of mortgage thing, mortgage sum, and the mortgage term. 

As for the mortgage of real estate purchased in advance, the registration organ shall stamp a special seal for mortgage onto the purchase and sale contract.

Article 44  When establishing several mortgage rights on the same real estate, the parties shall apply for mortgage registration respectively according to the provisions of Article 41 and 42 of these Regulations. The registration organ shall examine the applications according to the order from early to late of serial numbers of accepted applications. The order of mortgages shall subject to the order of the approved registration from early to late.

Section Ⅴ Alteration Registrations and other Registrations

Article 45 The right owner shall apply for alteration registration within 30 days since the alteration happens if he is under any one of the following occasions:

1. the usage of real estate changes;

2. the name of the owner changes; or

3. the name of the location or the real estate itself changes.

Article 46  The parties shall submit the following documents when applying for alteration registration:

1. the application form for the alteration registration of real estate;

2. the certificate of real property;

3. the identity certificates.

4. the approval documents made by the competent department of land if usage of real estate changes; the certification of having paid off the land price if the land price needs to be filled up; or the approval documents made by the relevant administrative department if the name or title of the right owner is changed.

The registration organ shall examine the applications of right owners, and approve the qualified alteration registrations within 30 days upon accepting the application and replace the certificate of real property with a new one.

Article 47  While the construction or its attachment breaks down or is dismantled, the right owner shall apply for alteration registration within 30 days upon he knowing the fact. The registration organ shall approve the alteration registration within 15 days upon receiving the application.

When the mortgage contract of real estate determines, the parties shall log out the mortgage registration to the registration organ within 10 days upon the determination.

Article 48  If the certificate of real property is lost, the right owner shall declare the loss in Shenzhen Special Zone Daily or Shenzhen Economic Daily and report it to the registration organ. If the applicant applies for reissuing a certificate, the registration organ shall make an announcement on the reissuing and issue a new one if nobody objects within 6 mouths, and shall note the word of "reissue" on the new certificate of real property.

Article 49  When the certificate of real property is damaged, the registration organ shall replace it with a new one if necessary.

Article 50  When pre-selling the real estate, the pre-selling party shall put the purchase and sale contract on records in the registration organ according to its regulations.    

Chapter Ⅳ Repeal of the Approved Registration

Article 51 The registration organ may decide to cancel the full or part of the approved registration under the following circumstances:

1. the party does not own the legal rights to real estate;

2. the party hides the truth or forges the relevant papers or documents, or cheats to get the approval when applying for registration.

3. the registration organ commits improper act in approving the registration or is negligent in examination.

The decision of repealing he approved registration shall inform the parties in writing.

Article 52 If the party does not agree with the decision of the repeal of approved registration, he may apply to the administrative review organ of the municipal government for review or bring a litigation before the people' s court within 15 days upon receiving the decision notice.

Chapter Ⅴ Registration Fees

Article 53  The owner shall pay registration fees according to the following regulations when applying for registrations:

1. as for the initial registration, the fees shall be 1‰ of the value registered. If the registered value exceeds 3,000,000 yuan, the exceeding part shall be charged at the rate of 0.5‰.

2. as for the transference registration, the fees shall be 1‰ of the registered value. If the registered value exceeds 3,000,000 yuan, the exceeding part will be charged at the rate of 0.5‰.

3. as for the mortgage registration, the fees shall be charged of 0.1‰ of the mortgaged value which shall not be less than 100 yuan for each item; and

4. as for the alteration registrations or other registrations, every item shall be charged of 20 Yuan.

The registered value mentioned in item 1 and 2 of the preceding paragraph means the value of real estate which has been approved to register by the registration organ.

Article 54  The revenue of registration fee shall be used for paying the operation expense and the compensation fund of the registration organ, and shall not be impropriated.    

Chapter Ⅴ Legal Responsibilities

Article 55  If the party does not apply for registration during the period regulated in these Regulations, he shall be charged an overdue fee of 3‰ of the registration fee every delaying day. 

Article 56  If the parties shall apply jointly for registration in accordance with these Regulations, but one party applies and the other party does not apply, or does not provide the registration documents in the application, the registration organ shall order the party not applying or not providing the registration documents to finish the registration procedures in limited time. The party shall be imposed a fine of 1000 Yuan to 5000 yuan if he fails to finish the registration. 

The registration organ may register directly if it considers after examination that the application satisfies the registration requirements.

Article 57  If the party gains registration by cheating, or obtains a reissued certificate of real property by making a false report of loss in order to cheat or obtain illegal benefits, he shall be cancelled the approved registration by the registration organ, confiscated the illegal income and imposed a fine of no more than his illegal income. The party shall be investigated for criminal responsibilities by the justice organ according to laws if a crime is constituted, and shall compensate the damages he brings to others.

Article 58  If the functionaries of registration organ neglect their duties, bend the law for selfish ends, they shall be imposed administrative punishment, and shall be investigated for criminal responsibilities by the justice organ according to laws if a crime is constituted. 

Article 59  If the registration organ or its official conducts improper approval and brings damage to the right owner, the registration organ shall be responsible for compensation which shall be paid from the compensation funds.  

Article 60  If the party does not agree with the punishment made by the registration organ, he may apply to the administrative review organ of the municipal government for review or bring a litigation before the people' s court within 15 days upon receiving the punishment notice.

Chapter Ⅶ Supplementary Provisions

Article 61  The items which shall be declared according to these Regulations shall be announced in Shenzhen Special Zone Daily or Shenzhen Economic Daily or Chinese and Foreign Real Estate Times by the registration organ.

Article 62  The certificate of real property having been granted by the people' s government or its authorized organ before these Regulations going into effect shall continue to be effective.

Article 63  The municipal government may make implementation rules according to these Regulations.

Article 64  These Regulations shall go into effect as of July 1, 1993.

As for the real estate which shall be registered but does not registered before these Regulations becoming effective, the party shall apply for registration within 2 years upon these Regulations entering into force. The registration organ shall handle the historical problem on real property according to the policies, regulations and practice at that time.