《房地产登记技术规程》征求意见稿XXXX版

UDC中华人民共和国行业标准PJGJ－2010房地产登记技术规程TechnicalSpecificationofrealestateregistration（征求意见稿）2010—月—日发布2010—月—日实施中华人民共和国住房和城乡建设部发布JGJ中华人民共和国行业标准房地产登记技术规程TechnicalSpecificationofrealestateregistration批准部门：中华人民共和国住房和城乡建设部施行日期：2010年月日---------出版社2010北京前言根据住房和城乡建设部《关于印发2008年工程建设标准规范制订、修订计划（第一批）的通知》（建标〔2008〕102号）的要求，为配合《物权法》、《房屋登记办法》等房地产登记相关法规实施，在认真总结我国房地产登记工作实践和理论研究成果，参考海内外房地产登记规范，充分征求意见的基础上，制定本规程。本规程由1.总则、2.术语、3.登记基本单元编码、4.申请材料要求、5.登记程序、6.登记归档、7.登记信息及附录A登记种类、附录B登记表和附录C主要登记类型申请材料清单组成。本规程由住房和城乡建设部负责管理。本规程由中国房地产研究会房地产产权产籍和测量委员会负责具体内容的解释。在执行过程中，房地产登记机构和登记人员应积极总结经验，及时提出完善规程的意见或修改建议，并请将意见、建议寄送中国房地产研究会房地产产权产籍和测量委员会（地址：北京市三里河路9号建设部北配楼南楼206室，邮政编码：100835）。主编单位：中国房地产研究会房地产产权产籍和测量委员会参编单位：成都市房屋产权监理处杭州市房产交易产权登记管理中心武汉市住房保障和房产管理局无锡市房产管理局产权监理处绍兴市房地产管理处天津市国土资源和房屋管理局主编：沈建忠主要编写人员：姜万荣杨佳燕王策赵鑫明严勇刘松陈浩喻荣胜管建平陈亚菁曾婷罗佳意万孝红于阳何文朱雪茹陈志良李晨光主要审查人员：目次1总则·························································································································12术语························································································································23登记基本单元编码································································································43.1一般规则··········································································································43.2分段规则··········································································································43.3各类编制方法代码结构及赋码要求·····························································64申请材料要求········································································································95登记程序··············································································································155.1一般规定········································································································155.2申请················································································································155.3受理················································································································175.4审核················································································································205.5登簿················································································································235.6发证················································································································246登记归档··············································································································256.1一般要求········································································································256.2存档范围········································································································256.3档案管理········································································································257登记信息··············································································································347.1一般要求········································································································347.2登记信息的利用····························································································34附录A登记类型·····································································································38附录B登记表·········································································································41附录C主要登记类型申请材料清单····································································67C.1所有权登记····································································································67C.2抵押权登记····································································································78C.3地役权登记····································································································84C.4预告登记········································································································87C.5其他登记········································································································9711总则1.0.1为规范房地产登记业务流程，维护房地产交易安全，依据《中华人民共和国物权法》、《中华人民共和国城市房地产管理法》、《中华人民共和国土地管理法》和《房屋登记办法》等法律、行政法规和部门规章的规定，制定本规程。1.0.2本规程适用于中华人民共和国境内的房地产登记。1.0.3房地产登记应遵循下列原则：1依法登记原则。房地产登记应遵守法律、法规和规章的规定，按照本规程进行登记。2权利主体一致原则。房地产登记应遵循房屋所有权和该房屋占用范围内的土地使用权权利主体一致的原则。3法定机构登记原则。房地产登记应由房地产所在地市、县人民政府设立的房地产登记机构负责。4依申请登记原则。房地产登记应依照申请启动，但法律、法规和规章另有规定的除外。5依法查询原则。房地产登记机构应依法提供房地产登记信息查询。1.0.4房地产登记，除应符合本规程外，尚应符合国家现行的有关强制性标准的规定。22术语2.0.1房地产realestate定着于地表或地下人工建造的建筑物、构筑物和特定空间及它们所占用的土地。2.0.2房屋building有固定基础、固定界限且有独立使用价值，供人们生产、生活或用作其他用途的人工建造的建筑物、构造物，以及特定空间。2.0.3房地产基本单元abasicunitofregisteredrealestate有固定界限、可以独立使用并且有明确、唯一编号的房屋。2.0.4房地产登记基本单元代码codeofregisteredrealestate房地产登记机构依据本规程编制的与房地产登记基本单元一一对应的代码。2.0.5固定界限thefixedboundary能够区分相邻房地产基本单元，由固定的墙界或明确的界址点闭合形成的界线。2.0.6宗地号landparcelnumber权属界线封闭的地块或者空间的编号。2.0.7委托代理申请applybytrustedagency申请人以书面委托方式，委托他人在其授权范围内代其向房地产登记机构申请房地产登记。2.0.8利害关系人interestedparty能够提供证据证明，房地产登记结果可能影响其利益的人。2.0.9合并办理co-registratio3房地产登记机构依据申请人的申请