Shenzhen: The mortgage of "Flowers" is planned to cancel the pre -sale commercial house must be notice to register

Author:Golden sheep net Time:2022.07.20

"Shenzhen Special Economic Zone Real Estate Registration Regulations" for comments

Yangcheng Evening News all -media reporter Zheng Mingda

On the 19th, the reporter learned from the Shenzhen Municipal Bureau of Justice that the "Regulations on the Registration of Real Estate Real Estate in Shenzhen" (draft for comments) (hereinafter referred to as the "Registration Regulations") was recently announced. The legislation intends to unify the basis of real estate registration and real estate registration agencies, improve the inheritance, will, and give the real estate registration, explore the establishment of the promise system, innovate the register of innovation, and cancel the "building flower" mortgage. As of August 12, 2022.

Unified real estate registration basis and registration agency

The Registration Regulations have 7 chapters and 121 articles, of which the Shenzhen Real Estate Registration Center is the real estate registration agency of the Special Economic Zone, which is responsible for the unified registration of real estate. In order to implement the national unified registered registration system, various real estate registrations are included in a unified norm, and the basis of real estate registration is used.

In accordance with the provisions of the Civil Code, inheritance, will, and a gift of real estate requires registration agencies to review many matters, it has always been difficult for real estate registration. Therefore, the "Registration Regulations" strive to refine the regulations on real estate registration related to the inheritance, will, and bearing. The statutory inheritance and will inheritance are separated, and the application materials of the two types of inheritance transfer registration are clarified. In the legal inheritance transfer registration, all legal heirs need to be approved for real estate distribution; in the will and daily transfer registration of the will, the parties need to be the authenticity of the parties' will and the premium support agreement. At the same time, clarifying such transfer registration, the parties can also submit notarized materials or legal documents that take effect.

The "Registration Regulations" adds an announcement procedure, clarifying that real estate registration agencies can announce the announcement of the parties' death certification materials, will or all legal heirs on the distribution of real estate allocation. The announcement time is not less than three months. At the same time, a third -party review agency is introduced. Essence The legislation also explored the establishment of the promise system. In the registration of inheritance and the transfer of gifts, it is really difficult for applicants to obtain materials such as death certificates and relative relationships. The applicant can be replaced by the applicant's written commitment to reduce the burden of the parties.

Realize the mortgage right as soon as possible, seize the online processing

In terms of residential registration, the Registration Regulations clarify the application materials and processing processes of residential rights. In response to whether the mortgage rights that have been established in the practical exercise can set up the right to residential rights, whether a house can establish multiple residence rights, whether the residential right can be transferred, and when the residential right will be expired, and effectively guide Shenzhen in Shenzhen Municipal residence registration practice. In addition, because the right of residence is aimed at a unimalid unit, it is stipulated that a real estate registration unit can only set up one residential right, but there can be multiple residential owners.

The "Registration Regulations" canceled the mortgage of "building flowers" and registered for the mortgage preview for pre -sale commercial housing. In order to connect with the pre -sale commercial housing filing, the "Registration Regulations" stipulate that "pre -sale of commercial housing shall apply for a notice registration for the pre -purchase of commercial housing within 10 days after the pre -sale of commercial housing sales contracts."

The Registration Regulations also connect with the "Shenzhen Special Economic Zone Urban Update Regulations" to further refine the procedures for the migration compensation agreement to register, and expand the type of project registration of the relocation compensation agreement to the land preparation, the renovation of the old residential area, etc. project.

In addition, in order to make more people and the people, the "Registration Regulations" simplify the application materials and delete the terms of the application materials; it is required to further strengthen the information sharing of information, continuously extend the registration information platform, and realize the mortgage rights and seizes online processing as soon as possible.

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