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Guangzhou Real Estate Registration Measures
Update:2022-04-13    Source: Guangzhou Municipal Planning and Natural Resources Bureau

  (Approved by the 56th meeting of the Standing Committee of the 15th Guangzhou Municipal People’s Congress on October 27, 2021)

  Article 1 Legislative Purpose and Basis

  To standardize real estate registration activities, improve real estate registration service standards, and protect the legitimate rights and interests of rights-holders, theseMeasuresare hereby formulated in consideration of the realities in Guangzhou and in accordance with relevant laws and regulations such as the Civil Code of the People’s Republic of  Chinaand the Provisional Real Estate Registration Regulations.

  Article 2 Scope of Application

  TheseMeasuresare applicable to relevant activities within the administrative jurisdiction of Guangzhou, such as real estate registration, property rights surveys, and enquiry of real estate registration information.

  Real estate registration includes first-time real estate registration, registration of changes, registration of transfers, de-registration, registration of correction, registration of dissent, advance-notice registration, and  sequestration registration.

  Article 3 Principles of Real Estate Registration

  The system of unified registration is implemented for real estate registration, in compliance with the principles of rigorous management, stabiliyu and continuity, and convenience for the general public.

  Article 4 Duties of Departments

  The municipal competent administrative authority for planning and natural resources is the real estate registration agency in Guangzhou, which is responsible for carrying out real estate registrationacross the entire Guangzhou and organizing the implementation of theseMeasures.

  The municipal and district-level real estate registration service agencies undertake the specific work of real estate registration. The municipal and district-level real estate registration archive management agencies undertake relevant work such as the safekeeping, enquiry, and use of real estate registration materials.

  The departments in charge of such affairs as housing and urban-rural development, agricultural and rural affairs, forestry and landscaping, taxation, public security, market regulation, civil affairs, education, justice, urban administrative and law enforcement, finance, state-owned assets supervision and administration, and data administration of government affairs shall assist in real estate registration according to their corresponding duties.

  Article 5 Optimizing Handling Mechanisms

  The real estate registration agency shall establish a unifiedplatform for municipal real estate registration to gradually promote  all procedures handled online and optimize the handling process,  to provide convenient, efficient services for parties concerned.

  The real estate registration agency shall cooperate with housing and urban-rural development departments and tax authorities to collect relevant application materials for such affairs as transaction and taxation while accepting real estate registration applications, so as to implement integrated handlingthrough a single service window. The real estate registration agency shall also cooperate with public utilities and financial institutions to simultaneously handle the ownership transfer of power, water supply and sewerage discharge, gas, and internet with real estate registration.

  The real estate registration agency may cooperate with real estate registration agencies in other cities to offer cross-city real estate registration services in the form of application in other localities, localized handling, big data review, online payment, and delivery via mail.

  Article 6 Information Sharing

  The real estate registration agency shall, as needed for fulfilling duties, share information related to registration, approval, transaction, and more with departments in charge of such affairs as housing and urban-rural development, agricultural and rural affairs, forestry and landscaping, taxation, public security, market regulation, civil affairs, education, justice, urban administrative and law enforcement, finance, state-owned assets supervision and administration, and government affairs data, with the support of Guangzhou’s platform for information sharing of government affairs.

  The departments using such information shall only use the information acquired for the purpose of fulfilling their own duties. Theymay not directly, or by means of changing data format, disclose the information to a third party, nor can they tamper with the content of the information, or use it for other purposes directly or in disguised form.

  Article 7 Entrusting Third-party Agencies to Offer Relevant Services

  When offering real estate registration services, the real estate registration agency may entrust professional agencies to engage in such work asfield visits, technical review of property rights enquiry results, real estate unit number assignment, and auxiliary survey. The fees charged shall be covered by the budget of the same level.

  Article 8 General Provisions on Application Materials

  An applicant for real estate registration shall submit materials corresponding to the registration category or affair in accordance with the provisions of laws, regulations, and relevant operation standards, and be responsible for the authenticity of the materials.

  The real estate registration agency shalldisclose the lists of materials and sample texts required for various registration applications and conduct timely updates on them via such means as service venues and department websites. For materials that could be acquired or verified through information sharing between government departments and those submitted by the applicant for archiving that remains valid, the real estate registration agency may not require the applicant to submit them again.

  Article 9 Application for Registration of Real Estate with Co-ownership

  The registration of real estate with co-ownership should be jointly applied by all co-owners.

  The application may be made by some of the co-owners under any of the following circumstances:

  (1) For disposal of real estate with coownership by shares, co-owners who hold more than two thirds of the shares shall make a joint application for its disposal, unless otherwise agreed by the co-owners;

  (2)  For registration of changes due to changes in the natural conditions of the real estate, such as location, boundaries, area, and spatial limits, one or more co-owners shall make the application;

  (3) The co-owner with a change in identity information such as name shall apply  for registration of changes due to such a change;

  (4) One or more co-owners may apply for real estate registration after acquiring the real estate according to legal instruments put into force by the People’s Court or arbitration authority;

  (5) The co-owner with a need to replace or re-issue a damaged, missing, or lost real estate ownership certificate or real estate registration certificate may apply for registration of certificate replacement or re-issuance;

  (6) Other circumstances set forth by laws and regulations.

  A co-owner by share may apply for registration of transfer or registration of other rights regarding the share owned,unless otherwise stipulated for Guangzhou’s subsistence housing with co-ownership. A co-owner by share transferring the share owned should notify other co-owners in time of the conditions for transfer; the applicant should submit relevant proof materials if other co-owners have renounced their preemptive rights.

  Article 10 Combined Application for Registration

  An applicant may submit a combined application for registration of the same real estate under any of the following circumstances:

  (1) Advance registration of pre-order commercial residential housing and advance registration of mortgage rights for pre-order commercial residential housing;

  (2) Conversion of advance registration of pre-order commercial residential housing to registration of property ownership and conversion of advance registration of mortgage rights for pre-order commercial residential housing to registration of mortgage rights;

  (3) First-time registration of building ownership and conversion of registration of mortgage rights of buildings under construction to registration of mortgage rights of buildings;

  (4) Registration of change in real estate and registration of change in mortgage rights where the latter is caused by the former;

  (5) Registration of change in (or transfer of) real estate and registration of change in (or transfer of) easements where the latter is caused by the former;

  (6) Registration of change in real estate can be applied for in combination with other registration matters where natural conditions of the real estate, such as location, have changed;

  (7) Registration of transfer of real estate and registration of mortgage rights;

  (8) Registration of transfer of real estate and registration of establishment of the right of habitation;

  (9) Other circumstances set forth by laws and regulations and those recognized by the real estate registration agency as eligible for combined application for registration.

  Article 11 Overseas Application Materials

  Where materials for an application for registration are formed in Hong Kong, Macao, Taiwan, or outside the territory of the People’s Republic of China, the applicant should complete notarization, authentication, or other certification formalities stipulated by the law according to regulations.

  Where an applicant submits application materials in foreign languages to the real estate registration agency, the applicant should attach Chinese translations with them and be responsible for the authenticity and accuracy of both the application materials in foreign languages and their Chinese translations.

  Article 12 Acceptance Applications

  The real estate registration agency, after receiving application materials, shall decide whether they are accepted on the spot and inform the applicant in written form. If errors that could be corrected on the spot exist in application materials, the applicant should be informed to make the corrections on the spot, after which the application shall be accepted with a written notice to inform the applicant. If the application materials are incomplete or not in the statutory format, the applicant should be informed of the rejection of application on the spot in written form, together with all materials that should be supplemented or amended in one written notice. If the real estate registration agency fails to inform the applicant of the rejection in written form, the application is deemed as accepted. Where an application is submitted by the applicant via online platforms, the day that the online handling system returns a success notice shall be the date of acceptance.

  The real estate registration agency shall formulate, release, and update in time the list of real estate registration items and application materials subject to the conditional acceptance system. When an applicant applies for real estate registration, if there are non-critical application materials missing or flaws in such materials and the matter is in the list of real estate registration items subject to the conditional acceptance system, the real estate registration agency may accept the application in advance, provided that the applicant undertakes to supplement the materials within ten working days in written form. If the applicant fails to supplement such materials in time, the registration will be rejected.

  Article 13 Processing Time Limit

  The real estate registration agency shall complete real estate registration formalities within five working days after the date of accepting the application for registration, while registration of sequestration and registration of dissent shall be completed immediately. For registration of transfer due to inheritance or bequeathal without the submission of valid legal instruments or notarial documents and cases involving legacy issues or complex/difficult cases, the real estate registration agency shall complete the formalities within 30 working days after the date of accepting the application for registration.

  The real estate registration agency is encouraged to make public commitments to on a processing time limit shorter than that prescribed in the preceding paragraph.

  Where public notices are legally required, the time taken for public notices is not counted in the processing time limit specified in this article.

  Article 14 Surveys and Supplementary Materials

  After accepting an application for registration, the real estate registration agency may conduct surveys on relevant conditions of the real estate applying for registration by such means as inquiries by letter, on-site inquiries, photo taking, video recording, and site visits. The applicant and people surveyed should cooperate.

  Where the real estate registration agency finds it necessary to further supplement materials during the review, it shall inform the applicant in one written notice. If the applicant fails to supplement materials after more than 20 working days, the real estate registration agency shall make the decision to reject the registration.

  Where site visits, other survey means, and verification with competent departments for relevant conditions are necessary, the real estate registration agency shall complete real estate registration formalities within 30 working days after the date of accepting the application for registration.

  Article 15 Real Estate Ownership Certificate or Real Estate Registration Certificate

  After the real estate registration agency completes the registration, it shall issue an electronic or hardcopy real estate ownership certificate or real estate registration certificate to the applicant according to the law.

  The electronic real estate ownership certificate or real estate registration certificate shall have the same legal validity as a hard copy.

  Article 16 Advance Registration

  After signing a purchase/sale agreement for commercial residential housing units or any other real estate rights agreement, the parties concerned may make a joint application to the real estate registration agency for advance registration as agreed. If the advance seller fails to apply for advance registration with the advance purchaser as agreed or fails to apply for advance registration on behalf of the advance purchaser as entrusted, the advance purchaser may apply for advance registration alone.

  For the first-time transfer of land-use rights for state-owned construction land acquired by remunerative means such as a grant, if the completed investment and development have not reached 25% of the total investment yet, the parties concerned may apply for advance registration of transfer of land-use rights for state-owned construction land, with such materials as contracts for the transfer of land-use rights for state-owned construction land submitted during application. The registration of transfer of land-use rights for state-owned construction land shall be applied for after the completed investment and development have reached more than 25% of the total investment.

  Article 17 Registration of Layered Spaces

  Where land-use rights of construction land are established at above-ground, ground, or undergroundby layers, spatial ownership limits can be determined through three-dimensional spatial information.

  For stand-alone underground space construction projects, first-time registration of land-use rights of construction land and ownership of buildings and structures can be handled separately. For affiliated underground space construction projects built in conjunction with the above-ground building, first-time registration of land-use rights of construction land and ownership of buildings and structures should be handled together with their above-ground section. Where first-time real estate registration has been completed for the above-ground section, the first-time registration for the underground section can be applied for separately. First-time registration of ownership of buildings and structures shall be handled according to relevant regulations on building ownership registration.

  Where underground buildings and structures are categorized as civil air defense projects, such information should be indicated in the real estate registry.

  Article 18 Registration of Ownership of  Structures

  Registration of ownership of structures with independent utility value and fixed ownership limits, such as roads, railways, rail transit facilities, wharves, and oil depots shall be handled according to relevant regulations on building ownership registration, with their planned uses indicated in the real estate registry and real estate ownership certificates.

  Where underground spaces are used to build rail transit facilities in construction projects conforming to the allocated land use catalog with no dispute over ownership, registration of land-use rights of underground construction land shall be handled according to the allocated land use by presenting materials regarding the sources of ownership of underground spaces and affiliated buildings and structures.

  Structures should be registered together with the land, sea, or space to which they are attached, and the holders of rights shall be kept consistent.

  Article 19 Registration of the Section with Co-ownership among Owners

  When handling first-time registration of a real estate development project, the project developer should apply for the registration of roads, greenery, other public places, public facilities, and property management service buildings within the construction boundary legally deemed as co-owned among owners, together with land-use rights of construction land, as co-ownership among owners. Information regarding co-ownership of properties among owners should be recorded in the real estate registry. When an owner transfers the ownership of a house, the rights to the co-owned section are legally transferred together.

  The real estate registration agency shall provide convenience to owners enquiring property co-ownership information of the corresponding residential complex.

  Article 20 Registration of Public Buildings and Supporting Facilities

  When handling first-time registration of a real estate development project, supporting public service facilities handed over without compensation or at cost price should be recorded in the real estate registry.

  The project developer or the recipient shall apply for the handling of first-time registration of supporting public service facilities handed over without compensation according to the law; the project developer shall apply for the handling of first-time registration of supporting public service facilities handed over at cost price.

  Where the project developer has completed the handling of first-time registration of supporting public service facilities, it shall jointly apply for registration of transfer with the recipient. If the project developer fails to handle the formalities for registration of transfer as agreed, the recipient may, by presenting legal instruments put into force by the People’s Court or arbitration authority or decisions put into force by the People’s Government, submit an application alone in accordance with relevant regulations on real estate registration.

  Article 21 Registration of Transfer of Real Estate between For-profitLegal Persons

  Where existing non-residential real estate is transferred between for-profitlegal persons, the applicant may apply for registration of transfer and pay taxes online. The real estate registration agency should handle the application online and issue a real estate registration certificate to the applicant after completing the registration.

  Article 22 Registration of ChangeDue to Property Division

  Real estate is registered with real estate units as the basic unit. For an application for registration of change due to property division, the real estate registration agency shall handle it according to relevant regulations of the state, the province, and the municipality.

  Article 23 Registration of Forestry Rights

  When handling the registration of usage rights of state-owned forested lands and the ownership, usage, contracting, and management rights of collective-owned forested lands, the real estate registration agency should simultaneously register the usage rights and ownership rights of above-ground forests and trees. Such content as the species and grade of forests and trees should be recorded in the real estate registry.

  Applications for registration of forests or trees alone shall be rejected.

  Article 24 Registration of Land Management Rights

  Where land contracting and management rights to rural land are acquired through household contracting, land management rights are legally transferred, or land management rights are used as a loan guarantee, the parties concerned may apply for registration according to the following stipulations:

  (1) Where land management rights are transferred for a term of more than five years, an application for first-time registration of land management rights may be made; where land management rights of contracted land are used as loan guarantee at financial institutions, an application for mortgage registration may be made;

  (2) Where a holder of land management rights legally transfers such rights again and applies for registration of transfer of land management rights, or uses land management rights acquired through a transfer as loan guarantee at financial institutions and applies for mortgage registration, written consent from the holder of land contracting rights and materials for filing at the collective economic organization should be submitted.

  Where rural land management rights are acquired by such means as bidding, auction, and open consultation, the parties concerned may apply for first-time registration of land management rights, registration of transfer, or mortgage registration by presenting relevant materials showing the acquisition, transfer, or mortgage of land management rights.

  Article 25Connection between the Registration of Sea Use Rights and the Registration of Land Use Rights

  The legal boundary between land territory and sea territory in Guangzhou is the coastline. Land use rights shall be legally registered for regions to the land side of the coastline; sea use rights shall be legally registered for regions to the sea side of the coastline.

  For a loss of sea territory due to land reclamation by sea and the like, the parties concerned should legally apply for de-registration of sea use rights and first-time registration of state-owned land use rights after the completion of land reclamation by sea projects and the like.

  Article 26 Registration of Sea Use Charges and Sea Use Rights

  The payment of sea use charges should be recorded in the real estate registry according to the following stipulations:

  (1) Where sea use charges have been paid in full, the real estate registration agency should indicate full payment at the time of handling first-time registration of sea use rights, with no more review on the payment of sea use charges when handling registration of transfer, registration of changes, and mortgage registration;

  (2) Where sea use charges are paid in installments, the real estate registration agency should indicate partial payment and term of validity at the time of handling first-time registration of sea use rights; when handling registration of transfer, registration of changes, and mortgage registration, it should review whether sea use charges up to the time of registration have been paid in full.

  Article 27 Registration of the Right ofHabitation

  Where the right ofhabitation is established by means of a contract, both parties concerned should handle the formalities for first-time registration of the right of habitation by presenting the real estate ownership certificate, the contract for the right of habitation, and the like. Where the right of habitation is established by means of a will, the parties concerned should handle the formalities for first-time registration of the right of habitation by presenting the valid will, the death certificate of the testator, and the like. The real estate registration agency shall issue a certificate of the right of habitation.

  Where the term, conditions, and requirements ofhabitation have changed, both parties concerned should apply for registration of change of the right of habitation with relevant materials indicating the changes.

  Where the holder of the right ofhabitation waives such right or the right of habitation is extinguished, relevant parties concerned should handle the formalities for de-registration of the right of habitation in time.

  Article 28 First-time Registration of Easements

  Wherean easement is established according to agreements due to the following circumstances, the parties concerned may apply for first-time registration of the easement by presenting the real estate ownership certificates of the place requiring easement and the place providing easement, the easement contract, and other necessary documents:

  (1) Using the real estate properties of others for the purpose of installing conduits or utility tunnels for electrical wiring, electrical cabling, water pipelines, oil pipelines, heating and gas pipelines, and the like;

  (2) Using the real estate properties of others for the purpose of installing ancillary facilities such as charging piles, wireless communication base stations, and power supply facilities;

  (3) Using the real estate properties of others for the purpose of installing such structures or items attached to the land as bridges, metro entrances and exits, and air shafts;

  (4) Using the real estate properties of others for the purpose of water supply, water drainage, and passage;

  (5) Limiting the use of real estate properties by others due to considerations for ventilation, day lighting, and keeping a clear view;

  (6) Other circumstances of using the real estate properties of others as agreed for better benefits from the real estate properties owned.

  The real estate registration agency shall record relevant easement registration matters in the real estate registry of the place requiring easement and that of the place providing easement.

  Article 29 Registration of Mortgaged Real Estate

  Where parties concerned apply for the handling of first-time registration of real estate mortgage rights or advance registration of mortgage rights, the real estate registration agency shall, according to the application, record the agreement between parties concerned regarding the transfer of mortgaged real estate in the real estate registry. Where there are changes to the agreement, the parties concerned should apply for registration of changes.

  Where natural conditions of the real estate or names ofrights-holders have changed during the term of real estate mortgage, the mortgagor may apply for registration of changes alone and the mortgagee should be notified in time.

  Where parties concerned apply for registration of transfer of mortgaged real estate during the term of real estate mortgage, the case shall be handled according to the following stipulations:

  (1) If the mortgagee and the mortgagor have agreements regarding the transfer  mortgaged real estate, the assignee, the mortgagor, and the mortgagee shall apply for the handling of registration of transfer according to such agreements;

  (2) If the mortgagee and the mortgagor have no agreement regarding the transfer of mortgaged real estate, the assignee and the mortgagor shall jointly apply for the handling of registration of transfer and notify the mortgagee in time.

  Article 30 Cross-border Mortgage Registration

  Where a mortgagor legally pledges real estate in Guangzhou to an overseas creditor due to such circumstances as cross-border financing, the parties concerned shall jointly apply for mortgage registration at the real estate registration agency.

  Article 31 Mortgage Registration of Land and Facilities for Education, Healthcare, and Elderly Care

  Where a for-profit legal person establishes mortgage rights using such real estate rights as land-use rights of construction land for education, healthcare, and elderly care purposes and property ownership, the parties concerned may apply for mortgage registration if the first-time registration of land-use rights for state-owned construction land or property ownership has been completed.

  Article 32 Registration by Orders

  Where competent authorities stipulated by laws and administrative regulations, such as the People’s Court, the People’s Procuratorate, and public security departments, order the real estate registration agency to handle registration by presenting valid legal instruments, notices on assistance in enforcement, or notices on assistance in seizure, the real estate registration agency shall complete such registration.

  Where a decision legally made by the People’s Government to expropriate or withdraw real estate rights is put into force, and the real estate registration agency is ordered to handle de-registration by such means as written notice, the real estate registration agency shall complete such de-registration as required by such documents as the notice.

  If the real estate registration agency considers there is any objection to the registration matter, it should put forward review recommendations to competent authorities according to law.

  Article 33 Registration of Buildings and Structures Reserved on Expropriated Land

  Where buildings and structures that require protection and reservation due to the need for historical and cultural heritage protection as determined by approved conservation plans or detailed plans exist on granted or allocated state-owned construction land, they should be indicated in the grant contract or allocation decision for state-owned construction land.

  Where the original holder of real estate rights of protected or reserved buildings and structures waives such rights before granting or allocating state-owned construction land, de-registration shall be completed, while the holder of land-use rights for state-owned construction land may handle first-time registration of the protected or reserved buildings and structures after the land is granted or allocated.

  Where buildings and structures are determined as protected or reserved by approved conservation plans or detailed plans after the granting or allocation of state-owned construction land, if the original holder of real estate rights waives such rights to the protected or reserved buildings and structures, the holder of land-use rights for state-owned construction land may apply for handling first-time registration of the protected or reserved buildings and structures.

  Article 34 Real Estate Registration Involving Outstanding Issues

  For real estate registration involving outstanding issues, the municipal people’s government may develop specific measures to handle them with consideration of factors such as laws, regulations, policies, and realities at the time.

  Article 35 Registration per Powers and Duties

  Where errors in matters recorded by the real estate registry are caused by any of the following circumstances found by the real estate registration agency, it shall handle registration of correction or de-registration according to relevant regulations, except cases whereby real estate rights have been obtained by a bona fides third party or such registration of correction or de-registration would cause major damage to the public interest:

  (1) Valid legal instruments or documents issued by judicial, administrative, or arbitration authorities prove that the parties concerned have obtained real estate registration by illegal means such as concealing the true situation or forging relevant certificates or documents;

  (2) Documents proving the sources of ownership that serve as the basis for real estate registration have been revoked, deemed invalid, or dissolved by valid legal instruments;

  (3) Errors, such as double registration, have been caused by improper verification by the real estate registration agency during registration;

  (4) Other circumstances set forth by laws and regulations.

  Article 36 Digital Development

  The real estate registration agency shalldigitalize real estate registration materials and cadastral information, and offer real estate registration information enquiry services by such means as online platforms, in-person enquiry, and self-retrieval in accordance with relevant regulations of the state, the province, and the municipality.

  The real estate registration agency shall adopt necessary measuresaccording to law to ensure the security of real estate registration information. The real estate registration agency, organizations sharing real estate registration information, and their staff shall keep real estate registration information confidential.

  No organization or individualmay divulge or tamper with real estate registration information.

  Article 37 Enquiry of Real Estate Registration Materials and Cadastral Information

  Rights-holders may enquire and duplicate real estate registration results and original materials of real estate registration persuant to the law, so do organizations or individuals authorized by rights-holders. Stakeholders may enquire and duplicate real estate registration results of properties involving their interest, so do organizations or individuals authorized by stakeholders. Stakeholders may not disclose or illegally use the real estate registration materials of rights-holders.

  According to index information such as the location, real estate ownership certificate number, and real estate unit number of the real estate property, organizations or individuals may enquire free of charge such registration information as the natural conditions of the real estate property, whether the real estate property is under co-ownership, registration of mortgage rights, advance registration, registration of dissents, registration of sequestration, or other circumstances limiting its disposal, and the rights-holders of the real estate property if it is non-residential and the rights-holders are legal  persons or non-legal-person organizations, unless state secrets are involved.

  Organizations or individuals may enquire such real estate cadastral information as land parcel code and the unit number, location, area, category of rights, and attached diagrams of real estate through index information such as spatial location search, the location of the real estate property, and real estate unit number, unless state secrets are involved.

  Article 38 Notification and Commitment System for Certification Matters

  The notification and commitment system for certification matters may be implemented in real estate registration. The matters implementing such system and operating procedures shall be separately formulated and released to the general public.

  Article 39 Complaint and Reporting Mechanisms

  Organizations or individuals have the right to lodge complaints and reports with competent authorities against real estate registration and relevant work by such means as telephone, letters, visits, and the internet. The competent authorities shall handle them in time according to relevant regulations and give feedback to the complainant about the handling results.

  The real estate registration agency shall release such information as channels for accepting complaints and reports and procedures for handling them to the general public by such means as service venues and the department website.

  Article 40 Damages and Insurance for Errors in Registration

  The real estate registration agency shall assume liability for paying compensation for damages to others caused by errors in registration. After such compensation is made, the real estate registration agency may recover it from those causing the errors in registration.

  The real estate registration agency may insure against real estate registration liabilities. The fees charged shall be covered by the budget of the same level.

  Article 41 Legal Liabilities of the Real Estate Registration Agency and Its Staff

  Where the real estate registration agency and its staff fail to perform their duties by violating the stipulations of theseMeasures, competent authorities shall order them to make rectifications, with notices of criticism circulated for the real estate registration agency and penalties legally imposed on directly responsible persons in charge and other responsible persons; acts that constitute a criminal offense shall be prosecuted in accordance with the law.

  Article 42 Legal Liabilities forDivulgence or Illegal Use of Registration Information

  Where damages are caused to others due to divulgence, tampering, or illegal use or disclosure of real estate registration materials and information in violation of the stipulations of Article 36 and Article 37 of theseMeasures, responsible persons shall be legally liable to pay compensation for damages; penalties shall be legally imposed on relevant responsible persons; relevant responsible persons that have committed criminal offenses shall be prosecuted in accordance with the law.

  Article 43 Legal Liabilities for Fraudulent Registration

  Where parties concerned fraudulently obtain real estate registration through submitting false materials, concealing the true situation, or forging, altering, buying, or selling evidentiary materials such as official documents and certificates with damages caused to others, they shall be legally liable to pay compensation for damages; acts that constitute an offense to theLaw of the People’s Republic of China on Public Security Administration and Punishmentshall be legally given penalties for administration of public security; acts that constitute a criminal offense shall be prosecuted in accordance with the law.

  Article 44Penalties against Dishonest Acts

  Where parties concerned have been legally given penalties for any of the following acts, competent authorities shall collect dishonest information of relevant entities into the public credit management system of Guangzhou and impose penalties against dishonest acts:

  (1) Forging or altering real estate ownership certificates or real estate registration certificates;

  (2) Buying, selling, or using forged or altered real estate ownership certificates or real estate registration certificates;

  (3) Fraudulently obtaining real estate registration through submitting false materials, concealing the true situation, and the like;

  (4) Other dishonest acts during real estate registration.

  Article 45 Time of Implementation

  These Measures shall be implemented with effect from 2022-03-01, from which Guangzhou Urban Real Estate Registration Measures are concurrently repealed.

Relevant rocuments

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