Abstract: In 2013, China decided to implement the reform of unified registration system for real estate. In 2017, it fully completed the «four unifications» of registration institutions, real estate registers, registration basis, and information platforms, achieving a historic leap. Since the establishment of the Ministry of Natural Resources in 2018,in accordance with the law, efforts have deepened to facilitate services for the people and enterprises, continuously improving the convenience of real estate registration services. This includes enhancing the registration system for real estate, optimizing registration processes, accelerating the promotion of «Internet+Real Estate Registration,» improving the convenience of information inquiries, innovating lifecycle registration services for projects, deepening the reform of «property transfer with mortgage,» and continuously optimizing the business environment of real estate registration. These efforts have effectively protected the real estate property rights of the public and enterprises, consolidating the foundation of economic property rights and significantly enhancing the Satisfaction among the public and enterprises. In the coming period, real estate registration work will be based on public satisfaction, further improving the legal system, raising the level of information technology in real estate registration, continually strengthening the legal awareness and thinking of registration personnel, and further demonstrating the essential role of registration in clarifying property rights and safeguarding rights and interests.
1. THE SIGNIFICANT MEANING OF ACHIEVING UNIFIED REGISTRATION SYSTEM FOR REAL ESTATE
In 2013, China decided to implement the reform of unified registration system for real estate. In 2014, the «Interim Regulation on Real Estate Registration» was promulgated, and in 2015, the national responsibilities for real estate registration were consolidated. In 2016, the new issuance of real estate registration certificates replaced the old ones. In 2017, all municipal and county-level registration institutions were connected to the national information platform. China completed the «four unifications» reform of registration institutions, real estate registers, registration basis, and information platforms, and achieved unified registration of various real estate assets, including land, houses, forests, grasslands, marine areas, and so on. This marked the first comprehensive realization of unified real estate registration in the history of New China, opening a new chapter in the unified registration system of real estate.
(A) Beneficial in Effectively Clarifying Property Rights and Safeguarding Rights and Interests
The fundamental starting point and endpoint of real estate registration work are to diligently protect the rights and interests of the public. By establishing unified registration institutions, registration basis, real estate registers, and information platforms, and by setting up standardized and reasonable registration procedures while enhancing the responsibilities of registration institutions, registration quality can be further improved. This ensures the legitimacy and accuracy of registration results, avoids conflicts or overlaps in property rights, and guarantees comprehensive and accurate recognition of property rights for various types of real estate. Based on the publicity and credibility of real estate registration, the legitimate property rights of rights holders can be effectively protected.
(B) Beneficial in Building a First-Class Business Environment that is Convenient to the Public and Enterprises
Real estate registration is a crucial element in optimizing the business environment. Focusing on the convenience of the people and the benefit of enterprises, and adopting a perspective that considers their needs, the unified registration system for real estate has transitioned from a decentralized process to a unified system. From the «multi-department running errands» in the decentralized period to the «unified real estate registration authority» in the unified registration period, this makes the protection of property rights more powerful, the security of transactions more secure,and the people’s sense of gain significantly enhanced. By optimizing the process and reducing the time,registration, transaction, and tax payment can be handled in a «one-stop» manner, transitioning from «offline service» to «fully online processing» and ensuring that «one visit is unnecessary» and «one matter is handled at a time.» This has made it increasingly convenient for enterprises and the public, improving the overall experience and continually raising the quality and level of real estate registration services, thereby fostering a market-oriented, law-based, and international registration environment that enhances the vitality and momentum of economic entities.
(C) Beneficial in Promoting High-Quality Social and Economic Development
The unified registration system for real estate is a fundamental system for China’s economy and an important property foundation for natural resource management. The establishing of the unified registration system for real estate can support the entire business chain of natural resource management, and ensure clear and undisputed property rights throughout the entire process. Itpromotes more complete, accurate, and reliable real estate registration information. This further guarantees transaction security and creates conditions for establishing a sound social credit system and good market order. In additon, this provides secure property guarantees, efficient services, and a favorable investment environment for various business entities, which is crucial for safeguarding the rights of the public and facilitating high-quality social and economic development.
2. ACHIEVEMENTS IN CHINA’S REAL ESTATE REGISTRATION WORK
Since the comprehensive completion of the «four unifications» reform task in 2017, China has continuously deepened reforms aimed at benefiting the public and enterprises, and the capacity and service levels of real estate registration have been consistently enhanced.
(A) Continuous Improvement of the Registration System for Real Estate
On March 2, 2018, the «Measure for Inquiry of Real Estate Registration Data» was promulgated and implemented, ensuring both the security and protection of registration data and the convenient and quick inquiry for enterprises and the public, effectively safeguarding transaction security. In March 2019, Article 15 of the «Interim Regulation on Real Estate Registration» was amended to provide legal guarantees for «Internet + Real Estate Registration,» further deepening the reform and innovation in real estate registration. In accordance with the new requirements for real estate transfer in the Civil Code, on April 6, 2021, the Ministry of Natural Resources issued a notice to clarify the scope of real estate mortgage registration, the rules for transferring mortgaged real estate legally and to improve the real estate registers. In order to protect farmers’ land rights and support rural revitalization,the Ministry of Natural Resources issued the “Operation Standards for the Registration of Contracted Land Management Rights and Land Management Rights”, which detailed the specific standards for the registration of contracted land management rights. The «Real estate registration standards» was issued on June 11, 2024 and officially implemented on September 1. Itprovided comprehensive provisions for registration procedures, «Internet + Real Estate Registration,» and various types of property rights registration. And it can provide comprehensive support for Real estate registration work. The «Real Estate Registration Law» has been included in the legislative plan of the 14th National People’s Congress, and China is accelerating its promotion. A complete real estate registration system has been established, with ongoing effectiveness in protecting rights, safeguarding transactions, benefiting the public and enterprises, and supporting ecological civilization construction.
(B) In accordance with the law, Optimization of the Real Estate Registration Process
By actively promoting the integration of processes, information, and personnel, streamlining application materials, optimizing registration processes, and compressing processing time, the quality, efficiency and level of real estate registration services have been continuously improved.The reforms of «one-stop acceptance and parallel processing» for registration, transactions, and tax payment have been consolidated, and the principle of «one-window handling, one-time processing» has been advanced. On March 11, 2019, the General Office of the State Council issued a notice on compressing the processing time for real estate registration(shout for State Office Document No.8). It emphasized the need to promote «one-stop acceptance and parallel processing,» optimize processes, and simplify materials.From the perspective of enterprises and the public, 26 kinds of process optimization charts were issued to guide localities to optimize the management process.Article 47 of the «Regulations on Optimizing the Business Environment,» which took effect on January 1, 2020, explicitly requires real estate registration institutions to strengthen inter-departmental collaboration, implement «one-stop acceptance and parallel processing,» compress processing time, and reduce costs. The Ministry of Natural Resources actively implemented the new provisions on property transfer with mortgages stipulated in Article 406 of the Civil Code.And in March 2023, it jointly issued a notice with the China Banking and Insurance Regulatory Commission to ensure effective services for «transfer with mortgage,» gradually achieving comprehensive coverage across regions and financial institutions, facilitating economic and social development. A «one-stop» service has been implemented for signing mortgage contracts and handling mortgage registrations, greatly benefiting enterprises and the public while creating favorable conditions for «transfer with mortgage.»
(C) Accelerating the Promotion of «Internet + Real Estate Registration»
The State Office Document No.8 requires the promotion of information sharing and integration, making full use of technologies such as the internet, big data, and online payments to advance «Internet + Real Estate Registration.» Localities have established online registration centers, providing multiple options for the public, thereby creating a multi-dimensional online service hall for real estate registration that allows for zero-distance services. On June 2020, the Ministry of Natural Resources, along with the State Taxation Administration and the China Banking and Insurance Regulatory Commission, issued opinions to promote «Internet + Real Estate Registration». It aimedto implement «one-stop acceptance and parallel processing» both online and offline, promote the use of electronic certificates and materials, strengthen registration and taxation linkages, and deepen financial coordination in nine aspects. On July 24, the Ministry of Natural Resources released the «Guidelines for Building ‘Internet + Real Estate Registration’.» On September 24, the Ministry’s office issued standards for electronic certificates in real estate registration, further advancing and standardizing the construction of electronic certificates.
(D) Improving the Convenience of Information Inquiries for Registration
Real estate registration information inquiries are crucial for the public and enterprises engaged in real estate transactions. Inquiry results are widely applied in various social scenarios. Efforts have been made to combine offline and online inquiries, continuously enriching the inquiry channels through service windows, self-service terminals, public accounts, websites, and apps to meet diverse inquiry needs of the public and effectively prevent transaction risks. China contines toimprove the quality of registration data, consolidate the foundation of information search, and improve online search services. China promotes the reform of online visualization of registration information search, which is more intuitive and convenient. The legal framework has been improved. The «Measure for Inquiry of Real Estate Registration Data,» implemented in 2018, adheres to the principles of legality, convenience, and efficiency, standardizing inquiry practices by registration institutions, clarifying the inquiry scope and methods for different rights holders and Clearly identifying a variety of ways to search on the Internet, self-service, on-site, etc. In 2024, amendments to the «Interim Measure for Inquiry of Real Estate Registration Data» were made to ensure that electronic registration information inquiries hold the same legal effect as paper-based inquiries, providing institutional support for online inquiries.
(E) Innovating Lifecycle Registration Services for Project Construction
In various stages of project construction, efforts are being made to explore the integration of real estate registration with approval processes, implementing «certificate issuance upon land transfer,» «certificate issuance upon transaction completion,» «certificate issuance upon project completion,» and «certificate issuance upon property handover,» to provide full-process services for enterprises. In 2024, the Ministry of Natural Resources, along with the State-owned Assets Supervision and Administration Commission, the State Taxation Administration, and the Financial Regulatory Commission, jointly issued a notice to further enhance the convenience of real estate registration and optimize the business environment. It proactive approach extends real estate registration services, strengthening information sharing and business collaboration. This allows for «certificate issuance upon land transfer» at the land supply stage, «certificate issuance upon transaction completion» during land transfer, and «certificate issuance upon project completion» for first registrations and «certificate issuance upon property handover» for newly built residential properties. For enterprises needing mortgage financing, combined processing of mortgage termination, new mortgage establishment, and mortgage modification will be implemented to achieve «certificate issuance upon mortgage.»
(F) Continuously Optimizing the Business Environment for Real Estate Registration
Aligning with international best practices and focusing on the needs of enterprises and the public, efforts will be made to minimize application materials and procedural steps to the greatest extent, compress registration processing times, and enhance land management quality. This aims to create a market-oriented, international, and law-based real estate registration business environment. Active participation in the World Bank’s business environment evaluations is ongoing, with nearly 100 reform measures introduced to reduce procedural steps, compress processing times, and enhance land management quality. These efforts have significantly improved the convenience of the business environment in real estate registration, effectively enhancing the public’s sense of achievement, happiness, and security.
3. FUTURE DIRECTIONS FOR REAL ESTATE REGISTRATION WORK IN CHINA
In the next phase, China’s real estate registration work will give full play to the essential role of the real estate registration system in clarifying property rights and safeguarding interests as the main line of work in the coming period. China will Contine to deepen reforms and improve of system, promote integration of real estate registration into the entire business chain of natural resource management, and endeavor to promote the high-quality development of the work of confirming rights and registration.
(A) Continuous Improvement of the Legal System for Real Estate Registration
As reforms continue to deepen, new situations and requirements are emerging for real estate registration work. There is a need for legislative efforts to summarize and refine the rich practical experiences and achievements from the unified registration work, better protecting the rights of citizens to apply for registration and meeting their needs for safeguarding legitimate property rights. Therefore, China is actively promoting the legislation of the «Real Estate Registration Law,» fully summarizing the effectiveness and experiences gained from implementing the «Interim Regulation on Real Estate Registration,» and refining many beneficial practices from the convenience-oriented reforms in real estate registration. This ensures that registration personnel can independently perform their duties according to the law, better serving the public’s needs for real estate registration. Concurrently, relevant supporting systems will be improved to balance registration quality and efficiency while continuously optimizing the business environment.
(B) Exploring Enrichment of Real Estate Registration Content
In 2016, China began pilot projects for natural resource confirmation registration. Based on these pilots, the «Interim Measures for Unified Confirmation Registration of Natural Resources» and the «Operational Guidelines for Natural Resource Confirmation Registration (Trial)» were issued, gradually establishing a natural resource confirmation registration system. The scope of natural resource confirmation registration has expanded under the background of ecological civilization reforms, covering not only land and housing but also forests, grasslands, and eventually extending to national parks and other natural reserves, wetlands. This has resulted in confirmation registrations for various natural resources such as protected areas, forests, wetlands, grasslands, rivers, lakes, and so on. Through confirmation registration, natural resources can be systematically managed.
(C) Continuing to Deepen Reforms of Facilitating Real Estate Registration
Firmly adhering to the people-centered development approach, efforts will be made to consolidate and further deepen the unified registration reforms, ensuring that reform measures are implemented effectively, and continuously enhancing the facilitation of real estate registration. The goal is to optimize the business environment, focusing on creating a market-oriented, law-based, and international real estate registration environment that allows the public to have their matters handled effectively and efficiently in one go, thereby enhancing the “soft environment” of registration services to bolster “hard capabilities” for development.
(D) Constantly Improving the Level of Information Technology in Real Estate Registration
Efforts will be made to establish a robust database of real estate property rights, focusing on real estate registration data as the core. The aim is to deepen real-time information sharing and integration with natural resource management business systems, as well as with departments such as housing and urban-rural development, public security, taxation, market regulation, civil affairs, and notary institutions. Legal and regulatory frameworks will be established to provide information sharing for registration, accelerating the realization of online processing capabilities for all types of real estate registration, thereby continuously enhancing the facilitation of real estate registration. At the same time, efforts will be made to strengthen the mining and application of registration data to support high-quality economic development.
Li Wei Zhai Guohui