Real estate registration audit? What is the real estate registration procedure?

Nowadays, many people are very concerned about real estate, because everyone wants to know what their real estate is like, so they have to register and inquire at this time, but many people are not very clear about how to inquire or audit. Let's talk about real estate registration review first. What is the real estate registration procedure? Friends who want to know come for reference.

Real estate registration audit

1, the real estate registration system belongs to the category of property law, and China's property law is still being formulated. The current civil law does not adopt the concept of real right, but only stipulates some real rights such as property ownership in the General Principles of Civil Law.

2. The real estate registration system is mainly stipulated in the Urban Real Estate Management Law, the Land Management Law and related laws and regulations. Paragraph 3 of Article 60 of the Real Estate Management Law stipulates that if the real estate right is transferred or changed, it shall apply to the real estate management department of the local people's government at or above the county level for registration of real estate change, and apply to the land management department of the people's government at the same level for registration of land use right change on the basis of the changed house ownership certificate. After verification by the land administration department of the people's government at the same level, the land use right certificate shall be replaced or changed by the people's government at the same level.

3. Article 12 of China's current Land Management Law stipulates that if the ownership and use right of land are changed according to law, the land registration formalities shall be handled. This article stipulates that in the original land management law, if the ownership and use right of land are changed according to law, the "must" in the registration procedures of land ownership must be changed to "should". Its legislative intention embodies the basic idea that the exercise of rights should generally be decided by the parties themselves, and it is not appropriate to use too many administrative means to interfere with the civil behavior of real estate ownership change.

In other words, it does not advocate complete registration essentials. And more embodies the idea of registration antagonism, that is, registration is only an important element against the third party, and the right to apply for registration can only be protected by law after registration, but even if there is no registration between the opposite parties, as long as the two sides reach an agreement, the law will apply to the contract, which does not violate the public interest, and of course it is effective and binding on the parties.

4. It can be said that at present, at the legal level in China, the provisions on the validity of real estate registration are vague, and there are different understandings and interpretations, which leads to different legal effects. Although the legal provisions on the validity of registration are not clear enough, it is obvious to establish essentialism in departmental regulations.

Article 69 of the Land Registration Rules promulgated by the former State Land Bureau 1995 and implemented on 1 February 19961stipulates that if the land user or owner fails to apply for initial land registration as scheduled, it shall be punished as illegal occupation of land; Those who fail to apply for change of land registration as scheduled shall report to the people's government at or above the county level for approval, cancellation of land registration and cancellation of land certificate, except for illegal land occupation.

What is the real estate registration procedure?

1, apply for registration. Where an application for real estate registration is made for sale or mortgage, both parties shall apply at the same time. One party may apply for the following matters: inheritance, acceptance of bequests and acquisition of real estate rights; Unregistered real estate applies for registration for the first time; Name of the obligee, etc. Change and apply for change registration; The establishment, alteration, transfer or elimination of real estate rights due to the effective documents of judicial organs or administrative organs; Apply for change registration or objection registration; The real estate is lost or the obligee waives the real estate right and applies for cancellation of registration.

2. accept the registration. The real estate registration institution shall complete the real estate registration procedures within 30 working days from the date of accepting the application for registration, unless otherwise provided by law, and the registration items shall be completed when they are recorded in the real estate register. The application for registration is under any of the following circumstances. Real estate registration agencies will not register. And inform the applicant in writing. Violation of laws and administrative regulations. There are unresolved ownership disputes. The right to apply for real estate registration exceeds the prescribed time limit.

When we read this article, I believe you have some understanding of the real estate registration review and real estate registration procedures. If you didn't know much about this knowledge before, you can act now. However, in some places, it is possible to have lights on the internet, but in some places, all relevant materials must be brought to the relevant departments to apply.