Real estate registration will not bring price reduction

Earlier this year, Zhang Qi, a white-collar worker working in Beijing, prepared to start his own business. Urgently need start-up capital, go to the bank to handle real estate ****. The bank said that it would check the authenticity of its real estate and let him go back and wait for the news. Left, right, etc., no response. Again, the bank explained that due to the need to consult the two departments of housing and land separately, it will delay some time. Zhang Qi is very helpless. Why don't you have a unified information platform that allows the bank to quickly understand the applicant's situation?

According to the "Interim Regulations on Registration of Real Estate (Draft for Soliciting Opinions)" promulgated by the State Council Legislative Affairs Office recently, in the future, China will establish a unified platform for the management of real estate registration information. At that time, people who started their business like Zhang Qi will no longer have such helplessness.

After the unified registration of immovable property, which real estate needs registration? Is the registration voluntary or mandatory? How to protect the privacy of citizens? What impact does the registration have on the real estate market? The reporter conducted an interview around these issues of general concern to society.

Registering more than just real estate

Registration of immovable property is voluntary, but registration may not result in inadequate legal protection

"Real estate registration must first define what is immovable property," said Sun Xianzhong, a researcher at the Institute of Law of the Chinese Academy of Social Sciences. "The physical form of the land and the buildings, structures, and living things attached to the land are real estate." The seemingly professional real estate concept In fact, it is closely related to the life of each of us. Land, houses, grasslands, woodlands, and sea areas all belong to real estate. In short, real estate registration is property registration or rights registration. As a basic property rights system, the real estate registration system can better guarantee the security of real estate transactions and effectively protect the legal property rights of real estate rights holders.

Which real estate rights need registration? The "Draft for Comment" stipulates that the real estate rights that need to be registered include: ownership of collective land, ownership of buildings and structures such as houses, ownership of forests, forests, land contracted management rights of cultivated land, forest land, grassland, etc., use rights of construction land, homesteads Right of use, right to use sea areas, easement, mortgage, and other real property rights that are required by law to be registered. Obviously, not only home ownership needs registration.

Is registration of real estate voluntary or mandatory? Sun Xianzhong said that real estate registration is voluntary registration. However, in his opinion, this is a "voluntary coercion." Because if you do not register with the registration authority, there will be hidden dangers in the ownership and transfer of real estate, land, and other real estate rights. "The ownership of real estate rights is not created through registration, but real estate transactions are a kind of rights trading. Confirming the existence and changing of these rights during the transaction process must all rely on the registration of real estate," explains Sun Xianzhong.

After registration of immovable property, will private property be leaked? In fact, in order to protect the privacy of citizens, the “Draft for Soliciting Opinions” strictly limits the scope of the registration data and the applicants. Only the rights holders, interested parties, and relevant state agencies have the right to inquire about and copy the real estate registration data according to law. Real estate registration agencies, real estate registration information sharing units and their staff members shall keep the registration of real estate registration information confidential.

Can a small property house apply for registration? Sun Xianzhong said that real estate registration is a registration of property rights, provided that these rights must be legal and effective. The small property house is still illegally constructed. According to the principle that “the lawbreaker has no right”, it is not possible to apply for registration.

Do not run more legs

It will take 3 years to fully establish a unified registration system for real estate

A city resident bought a suite. His house ownership and land use rights were separately registered in the land and housing departments. A rural resident also contracted farmland and forest land. He also went to the agricultural and forestry departments respectively. Confirm the right. More errands, this is another people's helplessness in handling real estate registration.

"This is because China's real estate is decentralized. Registration responsibilities are distributed across multiple departments, and even once at multiple levels, they all come under one roof." Sun Xianzhong believes that as a product of the planned economy, multi-sector and multi-level registration Mainly to strengthen the administration. With the development of the economy and society, especially the market economy, the requirements for the property rights system with clear ownership and clear rights and responsibilities are getting higher and higher, and the disadvantages of decentralized registration become more and more obvious. Registration procedures and standards vary, and there are a variety of ownership certificates. This not only increases the cost of running errands for ordinary people, but also creates transaction risks.

It is understood that in China, the right to use construction land and the ownership of collective land are registered by the land and resources department, housing ownership, etc. are registered by the housing and urban and rural construction departments. Forest land ownership and use rights are registered by the forestry authorities, and the rights to use water and beach culture are registered. Registered by the fishery authority, the right to use the sea area is registered by the marine department.

The State Council Standing Conference held at the end of last year proposed the establishment of a unified registration system for real estate. It is now clear that the Ministry of Land and Resources is responsible for supervising and supervising the unified registration of real estate such as land, houses, grasslands, forest lands, and sea areas throughout the country. In the future, the “four unifications” of registration institutions, registration books, registration basis, and information platform will be achieved. All localities, under the unified supervision and guidance of the Central Government, combined the local realities and unified the registration of immovable property to one department.

At the first inter-ministerial joint conference on real estate registration held in March this year, Minister of Land and Resources Jiang Daming stated that it will use 3 years to fully establish a unified registration system for real estate and use 4 years to run a unified management basis for real estate registration information. The platform realizes the real-time exchange and sharing of real estate approvals, transactions, and registration information and inquiries according to law, and forms a unified registration system for real estate.

Recently, Leng Hongzhi, the deputy director of the Real Estate Registration Bureau of the Ministry of Land and Resources, also revealed during an interview with the China Government.com Online that from 2014 onwards, he will strive to basically complete the integration of responsibilities at all levels and basic system construction in about one year; Transitional transition will be implemented in a unified and standardized manner; all systems will be fully established and improved in 3 years or so; an effective operational real estate registration information management platform will be established in about 4 years.

Registration does not bring price cuts

Successful completion of registration can make technical preparation for real estate tax collection

The survey found that for the "power" of real estate registration, the public first hopes that it can stabilize house prices. Even the real estate industry people have proposed that if property registration is implemented, the price will fall immediately. Sun Xianzhong believes that the real significance of real estate registration is not to regulate house prices, but to clarify property rights, to more effectively protect the legal rights of real estate rights holders and real estate transaction parties, and to protect real estate transactions such as housing.

Chen Guoqiang, vice president of China Real Estate Association, also proposed that the linkage between real estate registration and house prices should not be too high. He analyzed that in terms of housing prices, the final decisive factor is the relationship between supply and demand. It is not ruled out that some families or individuals do some of the property disposal because they are reluctant to register. Although this will cause some inventory stocks to accelerate into the market, it is possible that there will be a drop in housing prices caused by the increase in supply in some regions, but there is no need to worry about real estate registration will bring price drops or even price crashes.

Is real estate registration a prerequisite for the introduction of real estate tax in the future? Many people in the industry are positive about this. Chen Guoqiang believed that real estate registration made preparations for technical conditions in order to collect property taxes. If the registration is completed successfully, the property tax levy can enter the fast lane. He also admits that the introduction and collection of real estate tax still needs to go through many procedures and will not be landed in the short term.

“In the long run, the promotion of real estate registration system on the real estate industry should be said to be positive, is the premise of the real estate market into health management standards. Registration of real estate rights is a process to find out, especially for the rural housing market Chen Guoqiang said that the Third Plenary Session of the 18th CPC Central Committee proposed that "the improvement of the property rights protection system" and "giving farmers more property rights" are all inseparable from the unified registration of real estate. At present, the stock and scale of the rural housing market are no less than the urban market. However, the status, conditions, and specific area of ​​housing in rural areas are almost blank. This can be determined through the registration of real estate, and it also helps strengthen the rights of farmers. Protection.

System design cannot and does not look

Should dispel the public's "registration is the bottom of property" doubts

Experts emphasized that real estate is the main form of property of the vast majority of citizens. Registration of immovable property involves each family, and it is necessary to do a good job in system design, supporting reforms, etc., on the premise that the fundamental purpose is to protect transaction security and protect rights and interests.

- Do not start another. Sun Xianzhong said that promoting unified registration of real estate is not to repeat registration, but to absorb and integrate on existing achievements to form a more efficient and unified property registration system. The various types of existing immovable property rights certificates will continue to be valid, and future registration will not affect the legal validity of existing certificates.

- with positive guidance. For real estate registration, there are many concerns and misunderstandings in all aspects of society. Chen Guoqiang suggested that on the one hand, conflicts should not be evaded. There should be clear ideas on how to deal with such issues as small property rights, and on the other hand, it should be clear that the registration itself is not When it comes to the origin of ownership, it is not "property for the property". It dispels the public's doubts and allows them to actively cooperate with the registration.

- Adhere to people and people. "Real estate registration is the registration of property rights of the public. It is not an administrative measure. The concept of the relevant government departments should be changed." Sun Xianzhong said. In the future, the relationship between the government and the market should be further clarified. Through the integration of registration functions, the procedures for certification should be reduced, registration fees should be saved, and enterprises and the public should be better able to apply for and apply for immovable property registration.

- Improve system design. Chen Guoqiang said that because real estate registration involves the important property information of a family or individual, the design of the registration system cannot focus on registering this link. How to use and manage the collected information, how to update the follow-up information, etc. should be perfected before the system is built and started. We cannot hold the idea of ​​“walking one step further”.

- Do a good job of supporting reforms. Sun Xianzhong believes that from past multi-sectoral registration reforms to unified registration, how will the personnel of the registration departments of the various departments have been resettled, whether or not to establish a requisitioning officer system in the future, and how to establish a personnel training system after unified registration? These supporting reform measures all require Make arrangements as soon as possible.