Registration of Pre-purchased Commercial Properties (Filing of Pre-purchased Commercial Properties)
1. Applicable Codes: Property Law of the People’s Republic of china, and GuangZhou Municipal Provisions on Urban Real Estate Registration.
2. Applicability: Property developers who sell commercial properties before their initial registration according to the law shall apply for registration of the declaration of the pre-purchased commercial properties (filing of pre-purchased commercial properties).
3. Documents Required:
| No. | Name of Document | Name of Document | Number of Copies | Original or Photocopy | Conditions | Remarks |
| 1 | Application Letter | Guangzhou Municipal Application for the registration of declaration of pre-purchased commercial properties | 1 | Original | ||
| 2 | Certificate of Online Filing of Commercial Property Purchase Contract | 1 | Original | |||
| 3 | ID Paper | Entity and Individual ID Paper | 1 | Photocopy | ||
| 4 | Commercial Property Purchase Contract | Property Pre-sale Contract or Commercial Property Purchase Contract | 1 | Original | The cover page of the contract shall be stamped with the “pre-sale price control” chop. | |
| 5 | Other Documents | List of Units on the Estate | 1 | Original | Presale permit obtained before June 13, 2003 | The list is not required if the content of the pre-sale permit has been itemized or if only one part to the contract applies for registration of declaration. |
| 6 | Bank Receipt of First Installment of the Payment for Property Price and Confirmation of Payment Notice | 1 | Photocopy | |||
| 7 | Legal Instrument | 1 | Original | Valid judgment, verdict, reconciliation agreement or notice to assist in enforcement issued by a People’s Court, or valid award issued by an arbitration organization. | ||
| 8 | Auction Transaction Confirmation | 1 | Original | Applicable to commercial properties purchased from auctions |
4. Handling Agency: Department of Contract Registration, Guangzhou Municipal Real Estate Transaction Registration Centre.
5. Date of Completion: Nine workdays
6. Authority of Review & Approval:
(1) For processing in the new system: Level 1 Review & Approval
(2) For processing in the old system: Level 2 Review & Approval
7. Handling Process:
(1) For processing in the new system: Case accepted (one workday) — documents received & distributed (half workday) – review (five workdays) — documents received & distributed (half workday) — certificate prepared & verified (one workday) — certificate issued (one workday) — filing
(2) For processing in the old system: Case accepted (one workday) — documents received & distributed (half workday) — first review (three workdays) — second review (two workdays) — documents received & distributed (half workday) — certificate prepared & verified (one workday) — certificate issued (one workday) — filing
8. Fees Payable:
| Fee | Amount | Fee Basis |
| Registration Fee | Residential: RMB 80 per case for entities; RMB 50 per case for individuals. (50% concession for “Affordable Housing”) Non-residential: RMB 550 per case | Suijia [2008] No. 174 Yuejia [2008] No. 169 Fagai Jiage [2008] No. 924 Suijia [2003] No. 104 |
| Where the registration of the declaration of the pre-purchased commercial property is required by judicial authorities and the floorage of the property as stated in the contract exceeds the floorage indicated in the pre-sale permit, additional land transfer fee and the deed tax on the land transfer fee are payable. The rate shall be in accordance with the provisions in the relevant documents. | ||
9. Notes:
(1) If the pre-seller has failed to apply for registration of declaration with the pre-purchaser or as entrusted by the pre-purchaser within 30 days of the signing of the contract or within the time limit mutually agreed, the pre-purchaser may unilaterally apply for registration of declaration.
(2) If, before the initial registration has been completed, the developer and the purchaser have entered into a pre-sale contract online but have not obtained registration of declaration, any request for registration of declaration of the pre-purchased commercial property and mortgage rights will be rejected. In this case, the two parties shall apply for registration for the transfer of stock properties and other rights.