深圳经济特区房地产转让条例（修正） Regulations of Shenzhen Special Economic

深圳市人大常委会公告第85号
颁布日期：19990630 　实施日期：19990630 　颁布单位：深圳市人大常委会

　　Zone on Transfer of Real Estate

　　(Originally adopted at the Seventeenth Meeting of the Standing Committee of the First Shenzhen Municipal People's Congress on July 24, 1993. As revised in accordance with the Decision on Revising of Regulations of Shenzhen Special Economic Zone on Transfer of Real Estate of the Thirty-third Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on June 30, 1999.)

　　Chapter I General Provisions

　　Article 1 In order to standardize activities of transfer of real estates, safeguard the legal rights and interests of parties involving in transfer of real estate, and maintain the market order of real estate of Shenzhen Special Economic Zone (hereinafter referred to as the "Special Zone"), these regulations are hereby formulated.

　　Article 2 These regulations shall be applicable to the transfer of real estate in the Special Zone.

　　Article 3 Real estates in these regulations refer to lands, buildings and other things adhering to the lands.

　　Transfer of real estates in these regulations refers to the legal acts where natural persons, legal persons and other organizations, that legally have the lands-use rights and ownership of buildings and other things adhering to the lands, transfer their real estates to others through trading, exchanging and donating of the real estates.

　　Article 4 The transfer of real estate shall abide by the principles of legality, justice, voluntariness and being honest and trustworthy.

　　Article 5 In the case of transfer of real estates, the ownership and the land-use right of buildings and other things adhering to the lands shall be transferred together other than distributed.

　　Article 6 The administrative department of real estate of Shenzhen Municipal People’s Government (hereinafter referred to as the “Municipal Government”) is the administrative department in charge of real estate market (hereinafter referred to as the “Competent Authority”) of the Special Zone, which shall abide by law to administrate real estate.

　　Article 7 The following real estates shall not be transferred unless having been approved by the Competent Authority as well as having made up the payable price of the lands:

　　(1) The ones with which land-use right obtained through administrative allocation;

　　(2) The ones which being abated of or exempted lands payable price when obtaining the land-use right; and

　　(3) Other circumstances as stipulated by laws and regulations.

　　Article 8 The following real estates shall not be transferred:

　　(1) The ones that the Municipal Government decides to take back the land-use right according to a city planning;

　　(2) The ones, which have been judged or decided to seal up or restrict of rights of real estate by other ways by the justice organizations and the administrative departments;

　　(3) The co-owned ones without the consent of the other co-owners in writings;

　　(4) The ones upon which a mortgage has been fixed without the mortgagee's approval;

　　(5) The ones which ownerships are under dispute; and

　　(6) The ones fall into other circumstances that are prohibited to be transferred by laws and regulations or provisions of the Municipal Government.

　　Article 9 To sell real estate in advance shall get the approval from the Competent Authority.

　　Where the real estate bought in advance is transferred again before the registration of transfer of the real estate being carried out and the certificate of the ownership of the real estate being obtained, it shall follow relevant provisions of the Municipal Government.

　　Article 10 The following acts shall be deemed as the transfers of real estates:

　　(1) Taking real estates as capitals that to be contributed

to establish enterprises legal persons;

　　(2) Where one of the parties offers his land-use right while the other or others provide(s) capitals to cooperatively develop real estates and to distribute profits based on the ownership of the real estate;

　　(3) The real estates are transferred to a new owner when a company is purchased or merged;

　　(4) Taking real estates to pay a debt in kind; and

　　(5) The allocation of real estates between state-owned enterprises or other organizations.

　　Article 11 The following acts are not the transfers of real estates:

　　(1) The division of co-owned real estates by co-owners; and

　　(2) The administrative allocation of real estates between state organizations or the institutions with financial allocation and their subordinate organizations.

　　Article 12 In the case of transfer of real estate, the rights and obligations stipulated in a contract of transfer of land-use right shall be transferred accordingly; the transferor shall provide the contract or its duplicate to the transferee.

　　Article 13 In the case of transfer of real estates, the transferor shall transfer his own rights and interests of the roads, greenbelts, fields for rest, spare lands, lifts, stairs, connecting corridors, corridors, balconies or other public facilities of the same land accordingly.

　　Where there are no special agreements on the rights and interests of parking lots and advertisements in the first contract of transfer of land-use right, such rights and interests shall be transferred accordingly with the real estate; where there are special agreements, these said rights and interests shall be owned by the registered obligee after primarily registered by the registration organizations of real estate.

　　Article 14 The parties involving in the real estate transfer shall handle the registration of the transfer of the ownership of real estate according to the provisions of Regulations of Shenzhen Special Economic Zone on Registration of Real Estate.

　　Article 15 The date when the real estates registration organization examines and approves the registration of the transfer of real estates shall be the date of transferring the property right of the real estate.

　　Article 16 The risk liabilities of real estates shall be assumed by the transferor before the real estate transferred, while they shall be assumed by the transferee after the real estate transferred.

　　Article 17 Where one or both of the parties in the transfer of real estate is (are) individual(s) or organization(s) from overseas, the contract of transfer shall be notarized by a notary public office of Shenzhen Municipality.

　　Chapter II Sales of Real Estates

　　Section I Contract of Sales of Real Estates

　　Article 18 The parties of sales of real estate shall conclude contract of sales of real estate according to law.

　　Article 19 The parties shall adopt the text of contract of sales of real estate, which uniformly made by the Competent Authority to conclude such contract.

　　The contracts of sales of real estates shall include all of the following items:

　　(1) Names or titles and addresses of the parties;

　　(2) Numbers of certificates of property right of the real estate;

　　(3) Locations, areas, and four boundaries of the real estate;

　　(4) Lot umber of the land, the character and year limits of the land-use right;

　　(5) Uses of the real estate;

　　(6) Price of sales of the real estate and ways and date of payment;

　　(7) The date of delivery of real estates;

　　(8) Sharing rights and interests of the public parts and the rights and duties of co-owners;

　　(9) Liabilities for breach of contract;

　　(10) Solutions of contract disputes;

　　(11) Conditions and time when the contract takes effect; and

　　(12) Other items that both

parties think necessary.

　　Article 20 In the case of selling real estate in advance, the time of delivery of the real estate agreed on by the parties shall be after the real estate completed as well as checked and accepted as a qualified project.

　　Article 21 A businessman engaged in the development (hereinafter referred to as the “developer”)of real estates shall provide a written warranty of house quality and a specification of using the house.

　　The quality grade, scope of repair guarantee, period of repair guarantee and the unit to implement the guarantees, which examined by the project quality supervision unit, shall be clearly recorded in the warranty of house quality. The real estate developer shall bear the liability of keeping the house in good repair not less than one year according to the agreements prescribed in the warranty of house quality.

　　Within the period of warranty of the house in good repair, a real estate developer who has the real estates repaired, resulting in an effect to the function of the house and a loss to the transferee shall be liable according to law.

　　Article 22 The contract of sales of real estate shall be invalid in case it violates laws and regulations.

　　The contract of sales of real estate, which is invalid, shall not be legally binding from the date it being concluded.

　　Article 23 Where a contract of sales of real estate is confirmed to be invalid, the party at fault shall be liable for the loss, which resulted from his fault, of the other party. In case both parties are at fault, they shall be liable respectively.

　　Article 24 A contract of sales of real estate may be modified or cancelled in any one of the following circumstances:

　　(1) being

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