H.Z.R.Z.Y.D. [2019] No. 43

To natural resources title confirmation and registration centers (real estate registration centers) of all districts and the Municipal Bar Association:

In order to deepen the decision and deployment of the reform of “streamlining administration, delegating power, strengthening regulation and improving services”, further optimize the business environment for property registration, and improve the efficiency of real estate registration services in our city, the relevant matters are hereby notified as follows:

I. Enhance the services of property right investigation

It is the statutory duty of real estate registration agencies to provide services for inquiring information about real estate, and burden of rights and judicial

restriction on it. Based on the Notification on Optimizing Self-service Enquiry of Real Estate Registration Information and Cadastral Maps (H.Z.R.Z.Y.D. [2019] No. 40) (hereinafter referred to as the Notification), the city has further lowered the threshold for checking real estate registration data. Information on non-residential property right holders and other real estate  registration data can be checked in the self-service enquiry system.

Regarding the applicant’s enquiry of checking the real estate register and registration of the real estate, registration agencies shall verify the conditions of real estate involved and the whether there is a burden of rights or judicial restriction on it, and assume corresponding legal responsibilities to strengthen the credibility of the government.

The natural resources title confirmation and registration centers (real estate registration centers) in all districts (hereinafter referred to as the “registration centers”) shall accept registration applications in strict accordance with the relevant requirements of the Technical Regulations of Shanghai Real Estate Registration, and shall not require applicants to provide relevant materials for property right investigation.

II. Publicity and training

The registration centers shall carry out policy publicity and professional training for third parties such as enterprises, individuals and lawyers. The Municipal Bar Association shall timely add relevant content of the Notification in the recent industry publicity and related lawyer training, so as to make transaction subjects and service providers timely and fully understand the various channels and approaches of property right investigation to further enhance the sense of gain for enterprises and individuals.

III. Notification and guidance

Regarding the conditions whether there is a burden of rights or judicial restriction on real estate and whether the parties to the transaction have arrears in public utility fees, applicants can obtain free and relevant information via self service (see the annex for details). When the registration centers accept applicants or the clients and before any third party agencies such as lawyers provide paid services, they shall notify applicants or the clients of the channels and ways for free enquiries to guide enterprises and individuals to obtain relevant information for free by themselves.

As for other matters involving contract drafting, financial status verification, whether any party to the transaction is subject to or has been subject to bankruptcy proceedings, which are not part of the real estate registration property right investigation, if the client needs to obtain relevant information through a third-party agency such as a lawyer, it is recommended that the third-party agency clearly inform the client that the time and expenses incurred in the above matters are not related to the property right investigation of real estate registration.

Annex: Self-service Access to Information Related to Property Right Investigations

Shanghai Municipal Bureau of Natural Resources Title Confirmation and Registration      Shanghai Municipal Bureau of Justice

December 30, 2019