Jing Gui Zi Fa [2021] No. 265
To branch bureaus of Beijing Municipal Commission of Planning and Natural Resources, Development and Construction Bureau of Beijing Economic-technological Development Area, Beijing Municipal Real Estate Registration Center, Beijing Office of the China Banking and Insurance Regulatory Commission, Beijing Local Financial Supervision and Administration and Beijing Housing Fund Management Center:
For the purposes of implementing the provisions of the Civil Code of the People's Republic of China (Civil Code) on real estate mortgage, Beijing Municipal Commission of Planning and Natural Resources issues the Notice of Beijing Municipal Commission of Planning and Natural Resources on Real Estate Mortgage Registration (Zi Ran Zi Fa [2021] No.54, hereinafter referred to as the Notice). In accordance with the requirements of the Notice, matters concerning the real estate mortgage registration in Beijing are hereby notified as follows:
I. Real Estate That Can Be Mortgaged
People are entitled to mortgage real estate to which they hold title, except for education facilities, medical and health facilities, elderly care facilities and facilities established for public welfare of nonprofit legal persons such as schools, kindergartens, medical institutions and elderly care institutions, and other types of real estate prohibited from being mortgaged in accordance with laws and administrative regulations.
II. Record of Amount and Scope Secured
"The amount of principal mortgagee's right secured" of the register refers to conventional mortgages; and the "maximum amount of mortgagee's right" refers to maximum mortgages. The "scope secured" shall be recorded in full according to the provisions in the mortgage contract.
III. Record of Provisions on the Real Estate to Be Mortgaged
Should the applicant apply for the first registration of mortgage of existing or preselling real estate, write down "Yes" if applicable and "No" if not for the question of "Are there provisions that prohibit or limit the transfer of the real estate to be mortgaged?" in the register.
In the event of provision changes after the first registration of mortgage of existing or preselling real estate, both parties shall apply for the alteration registration at the same time.
IV. Procedures of the Transfer of Mortgaged Real Estate
For applications concerning the transfer of mortgaged real estate, the answer to the question of "Are there provisions that prohibit or limit the transfer of the real estate to be mortgaged?" in the register shall be verified.
Should the answer be "Yes", the transferee, mortgagor (transferor) and mortgagee shall all apply for transfer registration, and the name of mortgagor shall be altered and new real estate registration certificate be issued to the mortgagee.
Should the answer be "No", the transferee and mortgagor (transferor) shall apply for transfer registration, and the name of mortgagor shall be altered and new real estate registration certificate be issued.
During inquiries for transfer registration, the transferee shall be inquired about "are you aware that the real estate to be transferred has completed mortgage registration”.
V. Advance Notice Registration for Mortgaged Buildings under Construction
The handling of the advance notice registration of preselling commercial housing as mortgaged buildings under construction shall abide by the requirement stipulated in Article 86 of the Detailed Rules of Implementation of the Provisional Regulations on Real Estate Registration.
VI. Registration in between the Implementation of the Civil Code and the Issuance of the Notice
For mortgagor and mortgagee that completed mortgageregistration after the implementation of the Civil Code and before the issuance of the Notice, they can collectively apply for registration if there are provisions that prohibit or limit the transfer of the mortgaged real estate.
VII. Real Estate Register
Real estate registers for mortgage registration and advance notice registration shall be altered in accordance with the requirements of the Notice. New registers shall be used from the date of the issuance of the Notice.
VIII. Certificate of Real Estate Ownership and Proof of Real Estate Registration
The legal basis in the electronic and hard copies of the certificate of real estate ownership and proof of real estate registration shall be changed from Property Law of the People's Republic of China to Civil Code of People’s Republic of China. Hard copies of the certificate and proof printed already can still be used.
IX. Mortgage Contract Template
The original templates of Contract on Principal Mortgagee's Right and Real Estate Mortgage (for real estate registration only) and Contract on Principal Mortgagee's Right and Real Estate Maximum Mortgage (for real estate registration only) shall be revised.
The Notice shall be implemented from the date of issuance.
This is hereby notified.
Appendixes:
Beijing Municipal Commission of Planning and Natural Resources
August 10, 2021
(Contact: Li Mengdi, Office of Ownership Confirmation and Registration, Tel: 55594506)
Issued by the Office of General Affairs of Beijing Municipal Commission of Planning and Natural Resources on August 10, 2021