Provisions on the Administration of Urban Real Estate Transfer (Revised)
Provisions on the Administration of Urban Real Estate Transfer (Revised)
Provisions on the Administration of Urban Real Estate Transfer (Revised)
Order of the Ministry of Construction No.96
August 15, 2001
Article 1 In order to strengthen the administration of urban real estate transfer, to maintain the order of real estate market and to guarantee the lawful rights and interests of the parties to real estate transfer, these Provisions are formulated in accordance with the Law of the People's Republic of China on the Administration of the Urban Real Estate.
Article 2 Whoever engaged in real estate transfer or the administration of real estate transfer within the state-owned land of urban planning areas shall observe these Provisions.
Article 3 The term "real estate transfer" used in these Provisions refers to the acts of the owner of real estate right to transfer its real estate to others by sales, donation or other legal means.
The "other legal means" used in the preceding paragraph mainly include the following acts:
1. Establishing an enterprise with the status as a legal person by converting the real estate as shares, thus changing the ownership of the real estate;
2. One party providing the land use right and the other party or parties providing the funds to develop and manage the real estate in the form of joint equity venture or contractual cooperative venture, thus changing the ownership of the real estate;
3. The ownership of real estate being transferred because of the purchase, consolidation or merger of enterprise;
4. Paying a debt in kind of real estate;
5. Other circumstances provided for by laws and regulations.
Article 4 The administrative department in charge of construction under the State Council shall be responsible for the centralized administration of the urban real estate transfer of the whole country.
The administrative departments in charge of construction of the people's departments of the provinces and autonomous regions shall be responsible for the centralized administration of urban real estate transfer within their respective administrative areas.
The administrative departments in charge of real estate of the people's governments of the municipalities directly under the Central Government, cities and counties (hereinafter referred to as the departments of real estate administration) shall be responsible for the administration of urban real estate transfer within their respective administrative areas.
Article 5 When any real estate is transferred, the land ownership and the land use right of the land occupied by that house shall be transferred at the same time.
Article 6 Real estate under the following circumstances shall not be transferred:
1.
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