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

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

Announcement of the Standing Committee of Shenzhen Municipal People's Congress No. 2

January 18, 1993

(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.)

Chapter I 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 Special Economic 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.

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.
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