Interpretation of Beijing Real Estate Registration Standards

Interpretation of Beijing Real Estate Registration Work Specifications

It is understood that recently, the Beijing Municipal Planning and Land Commission issued the "Beijing Real Estate Registration Work Specifications (Trial)", which will be implemented in January next year. It will be implemented on the 1st. The following is a relevant interpretation of the regulations. Welcome to read!

A number of convenience measures have been introduced, and notarization has become an option for inheritance (legacy) real estate registration.

Recently, the Beijing Municipal Planning and Land Commission issued the "Beijing Real Estate Registration Work Standards (Trial)" (hereinafter referred to as the "Standards"), which will be officially implemented on January 1, 2017. The Municipal Planning and Land Commission stated that this regulation is an important normative document that regulates the registration behavior of real estate registrants in the city, maintains transaction security, and protects the legitimate rights and interests of obligees. The "Standards" introduces a number of convenience measures, and notarizes the registration of inherited (legacy) real estate. After the implementation of the regulations, real estate registration in our city will be more unified, standardized, safe and convenient for the people.

The "Standards" promote the city's real estate registration to be more standardized, safe and convenient

Our city realized unified registration of real estate in the city on November 9, 2015, which is the first provincial-level registration in the country. Provincial-level units that achieve full coverage of unified real estate registration within the scope. The Ministry of Land and Resources has successively issued regulations such as the "Interim Regulations on Real Estate Registration" and the "Implementation Rules of the Interim Regulations on Real Estate Registration". The original policies and regulations for the unified registration of real estate in our city no longer match the current registration status. The relevant person in charge of the Municipal Planning and Land Commission said that the promulgation of the "Specifications" is an important measure to implement the "Interim Regulations on Real Estate Registration", "Implementation Rules of the Interim Regulations on Real Estate Registration" and relevant policies of the Ministry of Land and Resources. It is also an important measure to standardize the city's real estate registration behavior, It is an important guarantee for maintaining transaction security and protecting the legitimate rights and interests of obligees. The overall framework of the "Standards" is written and arranged strictly in accordance with the "Real Estate Registration Operational Standards (Trial)" issued by the Ministry of Land and Resources. The document is compiled in accordance with the laws and regulations, combined with reality, integrated registration of real estate and land, and the principles of convenience and benefit to the people. It is combined with the operating standards of the Ministry of Land and Resources. It fully summarizes the practical work experience in the registration of various types of real estate rights in this city and is finally formed after extensive solicitation of opinions and repeated discussions and revisions.

The "Standards" apply to real estate registration within the administrative region of this city. It mainly regulates the real estate registration behavior of our city's real estate registration staff and clarifies the requirements and procedures for real estate registration operations. The content includes four parts: general provisions, sub-provisions, supplementary provisions and appendices, ***21 chapters and 79 sections. It mainly stipulates the types of registration rights, division of responsibilities, basic principles and general standards for handling business in each link, clarifies the validity principle and implementation date of the original certificate, and stipulates the format of real estate registration applications and other documents to facilitate the public to apply for registration. .

The promulgation of the "Standards" reflects the unified and standardized requirements for real estate registration. It is the "operating standard" for real estate registration personnel to carry out real estate registration work, and it further ensures the safety of transactions for ordinary citizens. First of all, the "Standards" clarify the procedures for the integrated registration of real estate and land, and specify the relevant procedures and requirements, which will help rights holders understand the standards and procedures for registration business. Secondly, in accordance with the relevant national policy requirements for “delegation, regulation and services”, the handling procedures and service procedures should be simplified as much as possible, and the time limit for business processing should be shortened.

Notarization becomes an option for the registration of inheritance (legacy) real estate

An important provision of the "Standards" is that notarization is no longer a prerequisite for the registration of inheritance (legacy) real estate , notarization becomes an option for applicants handling inheritance (legacy), and it is up to the applicant to choose whether to notarize it. The relevant person in charge of the Municipal Planning and Land Commission said that this regulation is not only a specific measure to implement the relevant provisions of the "Interim Regulations on Real Estate Registration" in Beijing, but also a convenience measure and an exploratory measure. According to this provision, applicants for real estate registration have the right to choose notarization or directly apply for verification and registration in accordance with relevant procedures when inheriting or bequeathing real estate. Notarization of inheritance (legacy) will no longer be a necessary measure.

However, it is worth noting that in order to protect the legitimate rights and interests and property security of the heirs and decedentes, not requiring notarization does not mean that corresponding review and verification is not carried out. For this reason, the Municipal Planning and Land Commission has specially issued a supporting document for the implementation of the "Standards" Beijing Municipal Inheritance (Bequest) Real Estate Registration Work Procedures (Trial)" uniformly regulates the policies, procedures, and application materials required for registration of inheritance (legacy) real estate without notarization.

That is to say, according to the current real estate registration policy, if the real estate rights are obtained through inheritance or inheritance and the real estate registration is carried out, the notarized documents of the inheritance rights are no longer required to be submitted as application materials. So how to handle it specifically?

? ① If notarization is selected: the real estate registration applicant submits notarized materials or effective legal documents, and the registration department handles it in accordance with the original relevant regulations. It can be based on the actual work situation. Applicants for real estate registration who submit notarized materials or effective legal documents are one of the service targets of the green channel, providing them with more convenient services.

? ② If you choose not to notarize: There is no need to submit notarized materials or effective legal documents. The applicant submits relevant documents to the file window to apply for inquiries about the registration of the real estate to be inherited (legacy). If there is no refusal to register, the applicant should bring the application materials on the one-time notice to the registration department to apply for registration. If the application materials are complete and comply with the legal form, and there are no restrictions on the transfer of the real estate applied for registration, enter the inheritance materials inspection After the inspection, based on the materials submitted by the applicant and the inspection and inquiry conditions, those who meet the conditions will enter the acceptance, review, publicity, and registration stages.

Experts in the industry said that notarization of inheritance and inheritance is no longer a prerequisite for real estate registration, which reflects respect for the procedural rights of real estate registration applicants. Both methods have their own advantages. The notarization method is a model that has been in operation for many years. The notary department has rich practical experience in handling various complex inheritance relationships and is more efficient; the non-notarization method can save the public notarization costs, and the management department has also made standardized program designs. , but real estate registration personnel have a familiarization process with relevant specifications and procedures, and there will definitely be a running-in period for the operation of a new model. The relevant person in charge of the Municipal Planning and Land Commission said that before the implementation of relevant regulations, rotation training and related preparations for real estate registration personnel in the city have been carried out. He also hopes that the public will give more understanding and support to this new exploration of convenience measures and will do their best. Efforts are made to provide real estate registration services to citizens.

The "Standards" determines a number of convenience measures for real estate registration to facilitate citizens

Compared with previous registration work standards, the "Standards" shorten the processing time limit, unify the processing standards, and facilitate the processing by rights holders. Register business.

After the promulgation of the "Standards", the original convenience measures, such as green channels, door-to-door services, text message reminders, exemption from notarization of real estate donation contracts, and website business processing progress inquiries, etc., will still be retained. The following convenience measures have been newly determined and standardized: 1. The loss statement does not need to be published in the newspaper, it only needs to be published on the official website of the Municipal Planning and Land Commission. 2. Domestic natural persons can entrust business on site without notarization. 3. The registration time limit has been shortened. The "Standards" compress the time limit for general registration business to 10 working days, and clearly indicate that seizure and objection registration must be handled on the same day of acceptance, which is 20 working days shorter than the 30 working days stipulated by the state. 4. The procedures for handling convenient measures such as no longer mandatory notarization of inheritance (legacy), simplified procedures for replacement certificates, and unilateral application for mortgage cancellation registration have been clarified, reducing the burden on obligees.

To facilitate the public to register, the Municipal Planning and Land Commission website has announced the real estate registration process and the acceptance standards for various registration services. Information desks and business consultation hotlines have been set up in the real estate registration halls of each district, allowing on-site and telephone consultations. If the public wants to know more about real estate registration services, they can log in to the real estate registration column on the official website of the Beijing Municipal Planning and Land Commission.

Extended reading:

How to handle the notarization of house inheritance?

Specifically, the notarization of house inheritance should be handled according to the following procedures:

1. The procedure is to go to the police station where the deceased is registered to cancel the household registration and apply for a death certificate

2. Go to the district or city notary office to apply for notarization of inheritance rights. There are two types of property inheritance: one is testamentary inheritance, and the other is statutory inheritance. inherit.

The materials that need to be submitted for notarization of house inheritance are:

1. Death certificate of the deceased

2. Certificate of property rights or other certificates for the house

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3. Household register or other documents that can prove the kinship between the decedent and the legal heir

4. Identity document of the heir

Established by the testator for the purpose of disposing of the property The will must be notarized. After the death of the testator, the beneficiary of the will must go to the real estate management agency to register the transfer of property ownership with the notarization of the will and inheritance rights issued by the notary public or the notarization of acceptance of the bequest, as well as the property ownership certificate and deed. If the will disposing of the real estate has not been notarized, after the will becomes effective, the legal heir or beneficiary of the will can negotiate and sign an estate division agreement based on the contents of the will. After notarization and certification, go to the real estate management agency to register the transfer of property ownership. ;