Applicable Codes: Guangdong Provincial Regulations on Urban Real Estate Ownership Registration, Guangdong Provincial Regulations on Urban Real Estate Transfers, GuangZhou Municipal Provisions on Urban Real Estate Registration, Notice to Assist the Court in Transferring Property Ownership (GZ National Housing [2004] No. 37, Opinions on the Request to Assist the Court in Transfer Property Ownership (GZ National Housing Office [2004] No. 26, Circular on the Release of Guangzhou Municipal Regulations on the Administration of Sales of Car Spaces and Garages on Real Estate Development Projects (GZ National Housing [2008] No. 195), and Circular on the Transmission of Certain Opinions on Ownership Certificates for Properties Left over by History Issued by Guangzhou Municipal Land Resources and Housing Administrative Bureau (GZ Gov. Office [2008] No. 7).
1. Applicability: For newly built “housing for the needy”, “social security housing”, “affordable housing”, and “restricted-priced housing”, the developers shall obtain initial registration before transferring ownership rights to the buyers. In any of the following circumstances, the registration shall be made as registration for the transfer of ownership of new housing:
(1) For new housing to be purchased by an intended buyer, the developer has obtained the initial registration of the ownership of the housing and has been entrusted by the buyer to apply for the registration of the ownership of the housing, or will co-apply for the registration with the buyer;
(2) New housing whose ownership registration is to be handled according to a court ruling and a court notice to assist in enforcement;
(3) For newly built commercial housing whose registration intention has been declared, after the initial registration of the ownership of the housing, the pre-seller has not registered the transfer of the ownership as required or with the pre-buyer within the prescribed time limit, and the pre-buyer independently applies for transfer of the housing.
2. Documents Required:
(1) A buyer shall submit the following documents if he has purchased the newly completed housing with a lump-sum payment or in installments:
| No. | Type of Document | Name of Document | Number of Copies | Original or Photocopy | Conditions | Remarks |
| 1 | Application Letter | Guangzhou Municipal Application Letter for Registration of Property Title Transfer | 1 | Original | ||
| 2 | ID Paper | Entity and Individual ID Paper | 1 | Photocopy | ||
| 3 | Property Ownership Certificate | Real Estate Title Certificate or Ownership Certificate | 1 | Original | A photocopy of the ownership certificate should be provided | |
| 4 | Documents Involved in Real Estate Ownership Transfer | Housing Purchase Contract | 1 | Original | A photocopy should be provided of the registration of declaration has been completed. | |
| 5 | Affordable Housing Application Review & Approval Sheet | 1 | Original | Applicable to “Affordable Housing” | ||
| 6 | Auction Transaction Confirmation | 1 | Original | Applicable to housing from auction | ||
| 7 | Survey Drawings | Property Survey Drawings | Applicants +1 | Original | ||
| 8 | Other Documents | Tax Payment (Exemption) Certificate Issued by Tax Authorities | 1 | Original | ||
| 9 | Consolidation or Division Agreement | 1 | Original | Housing with presale registration and sold as a group or individually | ||
| 10 | List of Units on the Estate | 1 | Original | Presale permit obtained before June 13, 2003 |
(2) A buyer who has used the newly built housing as a security for a loan towards the payment of the housing price shall submit the following documents:
| No. | Type of Document | Name of Document | Number of Copies | Original or Photocopy l | Conditions | Remarks |
| 1 | Application Letter | Guangzhou Municipal Application Letter for Registration of Property Title Transfer | 1< | Original< | ||
| 2 | Application Letter for Other Rights of Real Estate | 1 | Original | |||
| 3 | ID Paper | Entity and Individual ID Paper | 1 | Photocopy | ||
| 4 | Property Ownership Certificate | Real Estate Title Certificate or Ownership Certificate | 1 | Original | A photocopy of the ownership certificate should be provided. | |
| 5 | Declaration Registration Certificate | Guangzhou Presale Commercial Housing Declaration Registration Certificate | 1 | Original | Housing with completed declaration registration | |
| 6 | Documents Involved in Real Estate Ownership Transfer | Housing Purchase Contract | 1 | Original | A photocopy should be provided if the housing has completed declaration registration. | |
| 7 | Survey Drawings | Property Survey Drawings | Applicants +1 | Original | ||
| 8 | Other Documents | Tax Payment (Exemption) Certificate Issued by Tax Authorities | 1 | Original | ||
| 9 | Mortgage Rights Declaration Registration Certificate or Mortgage Registration Filing Certificate | 1 | Original | Housing with completed mortgage rights declaration registration or with current mortgage filing | ||
| 10 | Primary Contract and Mortgage Contract | 1 | Original | Housing with no mortgage rights declaration registration | ||
| 11 | Consolidation or Division Report | 1 | Original | Commercial housing with presale registration and sold as a group or individually | ||
| 12 | List of Units on the Estate | 1 | Original | Presale permit obtained before June 13, 2003 |
(3) For the registration of transfer of newly built housing mandated by a court ruling, the following documents shall be submitted:
| No. | Type of Document | Name of Document | Number of Copies | Original or Photocopy | Conditions | Remarks |
| 1 | Application Letter | Guangzhou Municipal Application Letter for Registration of Property Title Transfer | 1 | Original | ||
| 2 | ID Paper | Entity and Individual ID Paper | 1 | Photocopy | ||
| 3 | Property Ownership Certificate | Real Estate Title Certificate or Ownership Certificate | 1 | Original | A photocopy of the ownership certificate should be provided. | |
| 4 | Documents Involved in Real Estate Ownership Transfer | Housing Purchase Contract | 1 | Original | To be provided by buyer | |
| 5 | Legal Instrument | 1 | Original | Valid judgment, verdict, reconciliation agreement or notice to assist in enforcement issued by a People’s Court | ||
| 6 | Auction Transaction Confirmation | 1 | Original | Housing auctioned off by the court | ||
| 7 | Survey Drawings | Property Survey Drawings | Applicants +1 | Original | ||
| 8 | Other Documents | Tax Payment (Exemption) Certificate Issued by Tax Authorities | 1 | Original | ||
| 9 | Verified Construction Zoning Conformance Certification or Construction Approval | 1 | Original | Housing without initial registration | ||
| 10 | Certified As-built Drawing or Construction Application Drawings | 1 | Original | Non-residential property without initial registration | ||
| 11 | Door Plate Certificate Issued by Public Security Bureau or Property Management Office | 1 | Original | Housing whose address in the purchase contract consistent with actual address |
(4)An intended buyer who is applying for registration of transfer shall submit the following documents:
| No. | Type of Document | Name of Document | Number of Copies | Original or Photocopy | Conditions | Remarks |
| 1 | Application Letter | Guangzhou Municipal Application Letter for Registration of Property Title Transfer | 1 | Original | ||
| 2 | Application Letter for Other Rights of Real Estate | 1 | Original | Housing with mortgage in place | ||
| 2 | ID Paper | Entity and Individual ID Paper | 1 | Photocopy | ||
| 3 | Declaration Registration Certificate | Guangzhou Presale Commercial Housing Declaration Registration Certificate | 1 | Original | ||
| 4 | Guangzhou Real Estate Mortgage Rights Declaration Registration Certificate | 1 | Original | Housing with completed mortgage rights declaration registration or with current mortgage filing | ||
| 5 | Other Documents | Tax Payment (Exemption) Certificate Issued by Tax Authorities | 1 | Original | ||
| 6 | Property Survey Drawings | Applicants +1 | Original | |||
| 7 | Mortgage Rights Declaration Registration Certificate | 1 | Original | Housing with completed mortgage rights declaration registration or with current mortgage filing |
4. Handling Agency: For housing which has been included into the new housing management system, the application will be processed by the Department of Store Housing; for housing of other categories, the application will be processed by the Department of New Housing, Guangzhou Municipal Real Estate Transaction Registration Centre.
5. Date of Completion: Within 30 workdays of case acceptance at the counter and issuance of the Real Estate Transaction Registration Processing Confirmation.
6. Authority of Review & Approval: Level 2 Review & Approval (other than housing which has been included into the new housing management system).
7. Handling Process:
(1) Level 1 Review & Approval:Case accepted (one workday) — documents received & distributed (one workday) – review (19 workdays) — documents received & distributed (one workday) — certificate prepared & verified (six workdays) — certificate issued (two workdays) – filing
(2) Level 2 Review & Approval: Case accepted (one workday) — documents received & distributed (one workday) — first review (16 workdays) — second review (three workdays) — documents received & distributed (one workday) — certificate prepared & verified (six workdays) — certificate issued (two workdays) — filing
8. Fees Payable:
| Fee | Amount | Fee Basis |
| Housing Registration Fee | Residential: RMB 80 per case for entities; RMB 50 per case for individuals. Non-residential: RMB 550 per case (50% concession for “Affordable Housing”) RMB 10 for each additional certificate. | Suijia [2008] No. 174 Yuejia [2008] No. 169 Fagai Jiage [2008] No. 924 Yuejia [2002] No. 116 Suijia [2003] No. 104 Suijia Circular [2003] No. 387 |
| Real Estate Transaction Handling Fee | Seller: RMB 3 per square meter Seller: RMB 1.5 per square meter (“Affordable Housing”) | Suijia [2002] No. 97 Yuejia [2002] No. 108 |
| Deed Tax | Housing for the needy, social security housing and commercial housing purchased by individuals: transaction price X 1.5%; other: transaction price X 3% For first-time buyers of common housing of no more than 90 sq m, the deed tax is lowered to 1%. | The rate shall be in accordance with the relevant provisions in documents issued by finance and tax authorities. The certificate of first-time housing purchase shall be issued by the construction authorities in the prefecture, county or district where the housing is located. |
| Stamp Duty | Seller: Transaction price × 0.05% Buyer: Transaction price × 0.05% Exempted for individual sellers or buyers of housing | The rate shall be in accordance with the relevant provisions in documents issued by finance and tax authorities. |
| Stamp Duty on Ownership Certificate | RMB 5 per copy | The rate shall be in accordance with the relevant provisions in documents issued by finance and tax authorities. |
| Business Tax, Surcharges & Land VAT | To be levied in accordance with the relevant national regulations; actual rates to be set by tax authorities; land VAT exempted for individual sellers of housing | Housing transferred by court ruling |
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