•  Interim Measures for the Consultation of Real Estate Registration Materials
• 
  Document Number：Order No. 80 of the Ministry of Land and Resources
• Area of Law： Sole Proprietorships
• Level of Authority： Departmental Rules
• Date issued：03-02-2018
• Effective Date：03-02-2018
• Status： Effective
• Issuing Authority： Ministry of Land & Resources

Order of the Ministry of Land and Resources
(No. 80)
These Interim Measures for the Consultation of Real Estate Registration Materials, as deliberated and adopted at the 1st executive meeting of the Ministry of Land and Resources on January 26, 2018, are hereby issued and shall come into force on the date of issuance.
Minister: Jiang Daming
March 2, 2018
Interim Measures for the Consultation of Real Estate Registration Materials
(Adopted at the 1st executive meeting of the Ministry of Land and Resources on Friday, January 26, 2018)
Chapter I General Provisions
Article 1 For the purposes of regulating the consultation of real estate registration materials, strengthening the management, protection and utilization of real estate registration materials, maintaining the safety of real estate transactions, and protecting the lawful rights and interests of the real estate right holders, these Measures are developed in accordance with the Property Law of the People's Republic of China, the Interim Regulation on Real Estate Registration and other laws and regulations.
Article 2 For the purposes of the Measures, the real estate registration materials include:
(1) The real estate registry and other real estate registration results; and
(2) The original real estate registration materials, including the written application for real estate registration, identity materials of applicants, origin of real estate ownership, reasons for registration, investigation results of real estate cadastre and other materials, and review materials of the real estate registration institution.
The real estate registration materials shall be kept and managed by real estate registration institutions.
Article 3 real estate registration institutions of people's governments at or above the county level shall be responsible for the management of the consultation of real estate registration materials.
Article 4 Real estate right holders or interested parties may, according to the provisions of these Measures, consult or copy the real estate registration materials.
Real estate right holders or interested parties may retain lawyers or other agents to consult or copy the real estate registration materials.
Article 5 The consultation of real estate registration materials shall be conducted under the principles of legitimacy, facilitating people and efficiency.
Article 6 The real estate registration institutions shall strengthen the informationization construction of real estate registration, and provide convenience for consulters on the basis of the basic platform of real estate registration information management by applying the Internet technology, setting up self-service consultation terminals, setting registration information consultation ports at relevant premises and other ways.
Chapter II General Provisions
Article 7 The real estate registration materials shall be consulted at the real estate registration institution of the municipal or county people's government in the place where the real estate is located, unless as otherwise prescribed in laws and regulations.
Where a consulter applies to a real estate registration institution in a place other than the place where the real estate is located for consultation, the institution shall notify the consulter of going to the appropriate institution for consultation.
A real estate registration institution shall provide necessary places for consultation, and arrange special persons to be in charge of the consultation and copying of the real estate registration materials, issuance of the certificate of consultation results and other work.
Where an application for consultation of the original real estate registration materials is filed, priority shall be given to the acquisition of digitalized results. If it is indeed needed and necessary, the original paper real estate registration materials may be acquired.
Article 8 To apply for consultation of the real estate registration materials, a real estate right holder or interested party shall submit a written application for consultation and the identification thereof.
An application for consultation shall include the following:
(1) The consultation subject.
(2) The purpose of consultation.
(3) The contents to be consulted.
(4) The requirements for the consultation results.
(5) The list of application materials submitted.
Article 9 Where a real estate right holder or interested party entrusts an agent to apply for consultation of the real estate registration materials on his or her behalf, the entrustee shall submit the originals of the identification of the both parties and the power of attorney.
A power of attorney shall indicate the names or designations of the both parties, citizen identification numbers or unified social credit codes, entrusted matter, time limit for entrustment, legal obligations, date of entrustment and other contents, and the two parties shall affix signatures or seals thereto.
Where an agent is entrusted to consult or copy the real estate registration materials, the scope of consultation or copying shall be determined in the power of attorney.
Article 10 Where the consultation conditions are met and the consulter needs to issue the certificate of the real estate registration materials consultation results or copy the real estate registration materials, the real estate registration institution shall provide it immediately. A real estate registration institution that can not do so for special reasons shall provide it for the consulter within five working days.
The certificate of consultation results shall indicate the date of issuance, and be affixed with the special seal of the real estate registration institution for consultation.
Article 11 Under any of the following circumstances, the real estate registration institution shall reject the consultation, and issue a notice on the refusal of consultation:
(1) The application materials submitted by the consulter fail to comply with the provisions of the Measures.
(2) The subject applying for consultation or the matters to be consulted do not comply with the provisions of the Measures.
(3) The purpose of applying for consultation does not comply with the laws and regulations.
(4) Other circumstances as set out in laws and administrative regulations.
A consulter that rejects to accept a notice on refusal of consultation issued by a real estate registration institution may apply for administrative reconsideration or file an administrative lawsuit according to the law.
Article 12 Where the real estate registration materials applied to be consulted involve state secrets, the real estate registration institution shall be governed by the Law of the People's Republic of China on Guarding State Secrets and other relevant provisions.
Article 13 A real estate registration institution shall create consultation registry, and effectively keep the consultation records including the consulters, the purpose of consultation, the consultation time, the type of real estate registration materials copied and the certificate of consultation results issued, among others.
Chapter III Consultation by Right Holders
Article 14 The right holder recorded in the real estate registry may consult the real estate registration results and the original real estate registration materials.
Article 15 A real estate right holder may apply for consulting the real estate registration materials with the following index information, unless as otherwise prescribed by laws and regulations:
(1) The name or designation of the right holder, citizen identification number or unified social credit code and other specific subject identity information of the right holder.
(2) The specific location of the real estate.
(3) The number of the ownership certificate of the real estate.
(4) The unit number of the real estate.
Article 16 The real estate registration institution may set self-service consultation terminals to provide consultation service of the real estate registration results for the real estate right holder.
The self-service consultation terminals shall have the functions of verifying the relevant identification and issuing the certificate of consultation results.
Article 17 An inheritor or devisee that obtains the right of real estate via inheritance or accepting legacy shall be governed by the provisions of this chapter on consultation by real estate holders.
To consult the real estate registration materials, an inheritor or devisee as prescribed in the preceding paragraph shall, besides submitting the materials as prescribed in Article 8 of these Measures, also submit the proof of death and testament of the ancestor or devisor or legacy-support agreement and other materials that may prove the inheritance or legacy.
Article 18 The liquidation group, bankruptcy administrator, property custodian, guardian and other subjects that have the lawful right to administer and dispose of the real estate rights shall consult the real estate registration materials of the relevant real estate right holders, mutatis mutandis to, the provisions of this chapter.
Where the real estate registration materials are to be consulted in accordance with the provisions of this article, besides the materials as prescribed in Article 8 of these Measures, the certification materials proving that the consulter has the lawful right to dispose of the real estate shall also be submitted.
Chapter IV Consultation by Interested Parties
Article 19 An interested party meeting the following conditions may apply for consulting the real estate registration results with interest relationship:
(1) The interest relationship is constituted due to trading, exchange, donation, lease or mortgage of the real estate.
(2) The interest relationship is constituted due to civil disputes over the real estate and as a litigation or arbitration has been filed.
(3) Other circumstances as prescribed in laws and regulations.
Article 20 To apply for consulting the real estate registration results, an interested party of a real estate shall, besides submitting the materials as prescribed in Article 8 of these Measures, also submit the following certification materials on interest relationship:
(1) Where the interest relationship is constituted due to trading, exchange, donation, lease or mortgage of the real estate, the relevant trading contract, exchange contract, donation contract, lease contract or mortgage contract shall be provided.
(2) Where the interest relationship is constituted due to relevant civil disputes over the real estate and as a litigation or arbitration has been filed, the notice on acceptance of a case and the notice on acceptance of an arbitration shall be provided.
Article 21 An interested party that intends to buy, sell, lease or mortgage a real estate, or plans to file a lawsuit or arbitration on the real estate, and is unable to provide the certification materials on the interest relationship as prescribed in Article 20 of these Measures may submit the materials as prescribed in Article 8 of these Measures and consult the following information recorded in the relevant real estate registry:
(1) The natural conditions of the real estate.
(2) Whether the real estate is co-owned.
(3) Whether there is any registration of mortgage rights, advance registration or dissidence registration in the real estate.
(4) Whether there is any seizure registration in or other punishment of restriction on the real estate.
Article 22 A lawyer entrusted by a party as prescribed in Article 21 of these Measures may also apply for consulting the following information recorded in the relevant real estate registry:
(1) Applying for verification of whether the designation of the subject of the real estate right to be consulted as provided is consistent with that recorded in the registry.
(2) The form of the co-ownership of the real estate.
(3) The designation of the authority requiring the handling of seizure registration or imposing punishment of restriction.
Article 23 To apply for consulting the real estate registration materials upon commission of a party, a lawyer shall, besides submitting the materials as prescribed in Articles 8 and 9 of these Measures, also submit the lawyer qualification certificate and the certification materials issued by the law firm.
To apply for consulting the real estate registration materials upon strength of an investigation order of the people's court, a lawyer shall, besides submitting the materials as prescribed in Article 8 of these Measures, also submit the lawyer qualification certificate, the certification materials issued by the law firm and the investigation order of the people's court.
Article 24 An interested party of a real estate may apply for consulting the real estate registration materials with the following index information:
(1) The specific location of the real estate.
(2) The number of the ownership certificate of the real estate.
(3) The unit number of the real estate.
One application may only be filed for consulting one real estate registration unit.
Article 25 An interested party of a real estate and its entrusted agent applying for consultation in accordance with these Measures shall undertake not to use the real estate registration materials and information obtained through the consultation for any other purposes, or disclose the registration materials and information obtained through the consultation, and assume the legal consequences arising therefrom.
Chapter V Protection of the Registration Materials
Article 26 A consulter that consults or copies the real estate registration materials shall not take the real estate registration materials away from the designated place, dismantle, replace, acquire, torn or deface the real estate registration materials, or damage the consultation equipment.
Where the consulter has any of the conducts as prescribed in the preceding paragraph, the real estate registration institution shall have the right to prohibit the consulter from continuing to consult the real estate registration materials, and may refuse to issue the certificate of consultation results thereto.
Article 27 The original paper real estate registration materials that have had electronic media and fall under any of the following circumstances may be destroyed:
(1) The registration of the right to mortgage and the servitude registration have been canceled and five years have elapsed since the date of cancellation.
(2) The seizure registration, advance registration and dissidence registration have been canceled and five years have elapsed since the date of cancellation.
Article 28 The real estate registration materials that meet the conditions for destruction as prescribed in Article 27 of these Measures shall be destroyed at the places designated by the real estate registration institution.
A real estate registration institution shall develop a detailed list for the destruction of paper real estate registration materials, to record in detail the name, quantity, time and place of the paper real estate registration materials destroyed, and persons that are responsible for destruction and supervision of destruction shall affix signatures thereto.
Chapter VI Penalty Provisions
Article 29 Where a real estate registration institution and its staff members conduct one of the following acts in violation of the provisions of these Measures, disciplinary actions shall be given to the relevant liable persons according to the law; and the relevant liable persons shall be transferred to the competent authority to be held criminally liable in accordance with the law, where the case is suspected of constituting any crime:
(1) Rejecting an application for consultation and copying that meets the conditions for consulting and copying the real estate registration materials, or approving an application for consultation and copying that does not meet the conditions for consultation and copying the real estate registration materials.
(2) Consulting or copying any real estate registration material or issuing a certificate of consultation results without permission.
(3) Disclosing the real estate registration materials or registration information.
(4) Making use of the real estate registration materials to carry out illicit activities.
(5) Failing to perform the obligation of protecting the real estate registration materials, resulting in destruction, loss or falsification by others of the real estate registration materials or registration information, and having caused serious consequences.
Article 30 A consulter conducting one of the following acts in violation of the provisions of these Measures shall be transferred to the public security organ and given public security administration punishment according to the law, if any violation of public security administration is constituted; and shall be transferred to the relevant organ and be held criminally liable in accordance with the law, where the case is suspected of constituting any crime:
(1) Applying for consulting or copying the real estate registration materials by taking such deceptive measures as providing false materials.
(2) Disclosing the real estate registration materials or registration information.
(3) Losing, dismantling, replacing, acquiring, defacing or tearing up the real estate registration materials.
(4) Taking the real estate registration materials away from the consultation place and damaging the consultation equipment without permission.
(5) Causing loss to an real estate registration institution due to disruption of the consultation and copying order.
(6) Abusing the certificate of consultation results.
Chapter VII Supplementary Provisions
Article 31 The specific measures for the consultation and copying of real estate registration materials by relevant state organs and the sharing of real estate registration information among state organs shall be separately developed.
Article 32 The registration materials of land, houses, forests, woods and sea areas, among others, that have been formed before the Interim Regulation on Real Estate Registration shall be real estate registration materials. The real estate registration institution shall provide consultation according to the provisions of these Measures.
Article 33 Where citizens, legal persons or other organizations apply for consulting real estate registration materials by applying for the disclosure of government information according to the Regulation of the People's Republic of China on the Disclosure of Government Information, the competent departments of land and resources shall notify them of applying for consulting the real estate registration materials according to the provisions of these Measures.
Article 34 These Measures shall come into force on the date of issuance. The Measures for Public Consultation of the Land Registration Materials (Order No.14 [2002], MLR) issued by the Ministry of Land and Resources on December 4, 2002 shall be concurrently repealed.