Measures of Beijing Municipality for the Administration of Urban Real Estate Transfer
Measures of Beijing Municipality for the Administration of Urban Real Estate Transfer
Measures of Beijing Municipality for the Administration of Urban Real Estate Transfer
Order of the People's Government of Beijing Municipality No. 135
September 2, 2003
The Measures of Beijing Municipality for the Administration of Urban Real Estate Transfer was adopted at the 13th executive meeting of the Municipal People's Government on Aug 26th, 2003. They are hereby promulgated and shall go into effect as of Dec 1st, 2003.
Acting Mayor: Wang, Qishan
Measures of Beijing Municipality for the Administration of Urban Real Estate Transfer
Chapter I General Provisions
Article 1 With a view to standardizing the transfer of urban real estate, safeguarding the legitimate interests and rights of the interested parties, and promoting the sound development of the real estate market, the present Measures are formulated in accordance with the Law of the People's Republic of China on the Administration of the Urban Real Estate and the Administrative Regulations on Urban Real Estate Development and Operation, and in light of the actual situation of the municipality.
Article 2 The present Measures shall apply to the transfer of urban real estate on the state-owned land in this municipality.
The present Measures shall not apply to the urban employees of this municipality purchasing public-owned houses, houses of the Comfort Residence Project and houses built by raising funds and by cooperation according to the policy of reforming the urban housing system.
Article 3 The transfer of real estate means that a natural person, legal person or any other organization, as the owner of house or the user of land, transfer the real estate to any other person according to the law.
The transferor of real estate refers to the natural person, legal person or any other organization as the owner of the house or the user of the land. And the transferee of real estate may be a domestic or foreign natural person, legal person or any other domestic or foreign organization, where there are other rules otherwise prescribed by the state or the municipal people's government, such rules shall be observed.
Article 4 The transfer of real estate can be done in any of the following ways:
1. sale;
2. gift;
3. exchange;
4. fixing a price for real estate as a share or taking it as a cooperative term to establish legal persons or other organizations, so as to alter the ownership of the real estate;
5. merger and division of legal persons or other organizations, so as to alter the ownership of real estate;
6. payment for debt by way of transfer of real estate;
7. other ways provided by the laws, regulations and rules.
Article 5 The municipal bureau of land, resource and house administration (hereinafter referred to as the municipal bureau of land and house administration) is in charge of administering the transfer of real estate in the municipality. The bureau of land, resource and house administration in district and county (hereinafter referred to as the district and county bureau of land and house administration) is in charge of administering the transfer of real estate in its administrative division.
The relevant administrative departments shall, in light of their respective responsibilities, supervise and administer the transfer of real estate.
Article 6 The principle of free will, fairness and good faith shall be followed in the transfer of real estate.
Article 7 The information disclosure system concerning real estate transactions shall be established step by step in the municipality. The municipal bureau of land and house administration shall, in collaboration with other relevant departments, publicize periodically the guiding information of real estate transactions of this municipality.
Chapter II General Regulations
Article 8 Upon the transfer of a house, the land use right of the land on which the house is built is transferred at the same time.
Article 9 A house built on a state-owned land, whose land use right has been lawfully acquired, shall not be transferred untill the ownership of the house and corresponding land use right has been registered and the ownership certificate of the real estate acquired.
Article 10 With respect to the transfer of a house under construction on assigned land, the following conditions shall be met:
1. All assignment fees for the land use right have been paid according to the assignment contract, and the land use right certificate has been acquired;
2. The investment and development has been initiated according to the assignment contract, and 25% of the project has been completed.
The transfer of real estate on any allocated land shall be subject to the relevant regulations of the state and the municipality.
Article 11 Real estate is forbidden to be transferred under the following circumstances:
1. the real estate is closed down or the right to use it is restricted in other ways according to the decision or order of the judiciary and administrative department;
2. the land use right is taken back according to law;
3. where the real estate registered as with joint ownership has not been given a written consent by other joint owners for the transfer;
4. there is a dispute over the ownership of the real estate;
5. the ownership certificate of the real estate is not acquired through registration according to law;
6. other circumstances where transfer is forbidden according to the laws and administrative regulations.
Article 12 It is forbidden to transfer a house, which is meant to be a separate suite or unit in design and construction, by splitting it.
Article 13 When the real estate is transferred, the corresponding share of right to the community space and facilities are also transferred. If any of the accessory buildings and fixtures such as underground parking space, which may be transferred separately according to the regulations of the state and the municipality, is not transferred along with the real estate, it shall be clearly specified in the real estate transfer contract, otherwise, such accessory building or fixture shall be deemed to be transferred along with the real estate.
Article 14 Where the real estate of co-ownership is on sale, the co-owners shall have the priority to purchase the real estate when under equal terms.
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