In the current real estate transactions, many buyers paid the full amount of the house payment on the acceptance date of the real estate registration agency, which is the registration receipt issued by the registration agency. After the introduction of the new regulations, it is more appropriate to wait for the registration of the real estate license of the registration agency or to obtain the real estate license, and then pay the full amount of the house.

In line with the implementation of the “Property Law”, this Municipality “modifies” the relevant provisions of real estate registration. The Shanghai Municipal Bureau of Housing, Land and Resources issued a notice on the 21st that the Shanghai Municipal Government has recently re-examined the "Regulations of Shanghai Municipality on Real Estate Registration" established in 2003 under the "Property Law" and formulated the "People's Government of Shanghai Municipality on Implementing the People's Republic of China." Property Rights Law> Certain Opinions on the Registration of Real Estate in this Municipality (hereinafter referred to as "Several Opinions"). The "Opinions" carried out many more humane changes in accordance with the "Property Rights Law" and renewed provisions on the responsibilities of real estate registration agencies, registration dates, advance registration, correct registration, and opposition registration.

"One room, two sells" and "hops" look into history

According to the “Property Law” stipulations, the advance notice of the city is registered by both parties, and the 期期 and existing houses are not divided. If a single party applies for advance notice registration, the registration agency shall examine the parties’ stipulated documents concerning the application for advance notice registration. If both parties register in advance, the existing operating procedures shall still be maintained. . When the real estate market goes well, the phenomenon of sellers ruining contracts and keeping prices at any time will be expected to disappear in the real estate market after the implementation of the new real estate registration rules.

â—‡Changes in policy

Existing homes can also be registered

Article 20 of the Property Rights Law stipulates that “the agreement signed by the parties to purchase or sell the right to 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.”

The original provisions of this Municipality's Registration Regulations for the advance notice registration are either unilaterally or bilaterally; the expiry date of the advance notice registration is two years from the date of 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 this Municipality shall be registered by both parties and shall not be divided into 期房 and existing houses. If a unilateral application for advance registration is registered, the registration institution shall examine the parties’ stipulated documents concerning application for advance notice registration. If both parties register in advance, they shall still maintain the existing Operating procedures.

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”.

Lawyers' interpretation

Wei Xin Shanghai Xieli Law Firm

“In the past, the advance notice registration system has been widely used in the sale of 期房. However, there are no relevant provisions in the original statute for the pre-registration of existing and second-hand houses.” Wei Xin lawyer said that when the purchase of 期房, signed a pre-sale contract Afterwards, the proof of registration of the advance notice obtained by buyers is actually the advance notice registration. After paying the house, the buyer used the advance registration certificate in exchange for the title certificate. The new real estate registration rules, especially in the provisions to join the "non-payment of 期房 and existing homes," for the purchase of new homes and second-hand housing of the people, is a very good protection.

For buyers of new homes, after the advance notice is registered, the developer can be prevented from re-sold or resold the sold property before transfer. However, Wei Xin lawyer said that the introduction of this provision is more significant for the regulation of second-hand housing transactions. When the real estate market is in good condition, the phenomenon of sellers temporarily defaulting on the price of the contract is commonplace. "Now most of the real estate market disputes are second-hand housing breaches," he said. After the introduction of this provision, the buyer can request the seller to apply for advance notice registration with the registration authority after the payment of interest payment or deposit, protect the preemptive right of ownership of the house through the law, and prevent the seller from defaulting on the price after a period of time.

Don't have to pay off the room prematurely

In the current real estate transaction, many buyers pay the seller the full amount of the payment after receiving the receipt from the real estate registration agency. However, after the introduction of the new regulations, such an approach will bring great risks to buyers. A more appropriate approach is to wait until the registration of the real estate license of the registration agency or to obtain a real estate license, and then pay the payment. The time for paying the full payment is 10 to 20 days longer than the original one.

â—‡Changes in policy

"Registration Day" defines important changes

Article 14 of the “Property Law” clearly stipulates the timing of the occurrence of the property rights, that is, “the establishment, alteration, transfer, and extermination of real property rights, which shall be registered in accordance with the law, shall have effect when recorded in the immovable property register”. .

Article 11 of the "Registration Regulations" of this Municipality 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 real estate rights took effect, the city’s original rules for recording date and time of acceptance as the registration date should be adjusted in accordance with the principle that the “property law” determines the entry into force of the adjustment. 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.

Lawyers' interpretation

“According to the current operation in real estate transactions, if a buyer applies for a home loan from the bank, the risk of a change in the registration date will be greatly reduced, because the bank will generally release the loan after the issuance of the real estate license. After the introduction of this new regulation, the full amount will be realized. Paying home buyers need special attention, said Weixin lawyer. He said that in real estate transactions, if you do not apply for a home loan, the most common practice is to pay 30% of the initial payment when you sign a real estate sales contract, pay 60% of the payment after you transfer your account in the trading center, and issue the receipt after receipt. Pay the balance.

"On the date of acceptance by the real estate registration agency, the registration authority will issue a receipt to the buyer. After the review, it will generally take 10 to 15 days. After approval, it will be registered and entered into the register, and then submitted to the document production department for production of a real estate license. It takes about five days.” Wei Xin’s lawyer described the entire property registration process to the Morning Post.

According to the new regulations, the definition of the registration date has changed, that is, buyers must wait for 10 to 15 days to register, or simply wait for the 20-day production certificate and then pay the full amount of the payment. . Otherwise, if property seizures, objection registrations, etc., occur during the period, it will bring risks to the buyers.

Registered for 3 months "delay period"

This Municipality has made new adjustments to the timeliness of advance notice registration, that is, the registration of advance notice after the advance notice has been registered, if the creditor’s rights have been extinguished or no real estate registration has been filed within three months from the date of registration of the land use right, house ownership, and real estate other rights. Failure. In the past, the time limit for advance notice registration can only last two years. In the future, the “validity” of advance notice registration will continue until the creditor’s rights are eliminated or the prospective registration party can register the immovable property within three months. "Full-course" protection of home buyers applying for advance notice registration.

â—‡Changes in policy

Advance notice registration more humane

Article 21 of the "Property Law" stipulates that "After the registration of the advance notice, if the owner of the right is not disposed of without the consent of the person who registered the notice, the effect of the right to property shall not occur. After the advance notice is registered, the creditor's rights are extinguished or three days from the date of registration of the immovable property. If the registration is not applied within the month, the advance notice registration will automatically become invalid."

The original stipulations of the Shanghai Registration Regulations on the advance notice registration are: the expiration date of the advance notice registration, the 期房 is two years from the date of 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 time limit for advance notice registration is adjusted accordingly. That is, after the advance notice has been registered, the creditor’s rights have been extinguished or no real estate registration has been applied within three months from the date of registration of the land use rights, house ownership, and real estate rights. , Notice registration is invalid.

Lawyers' interpretation

Wei Xin lawyer said that the new provisions of the advance notice of the registration of the adjustment is a more comprehensive protection of pre-purchased real estate buyers. “According to the original regulations, the validity period of advance notice registration is simply set to two years. That is, after you purchase a house from the developer or the upper house, you apply for advance notice registration. The law only guarantees that you will obtain land use rights and house ownership for two years. Or the real right of the right to real estate rights."

According to the current regulations, the effectiveness of the advance notice registration continues until the creditor’s rights disappear, or when the advance notice registrant can register the real estate. This provision ensures that buyers who purchase 期房 are protected until their property rights are obtained, and are not limited to the two-year time limit. More humane is that the new rules also provide an additional three-month delay in the registration of the notice.

"That is to say, from the time you apply for advance notice registration to the day you can take the production certificate, and within the next three months, your rights are protected." Weixin lawyer said.

Second-hand housing

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