The attempt to change two houses with only one real estate certificate into two real estate certificates was rejected
Mr. Liang, a Shenzhen citizen, reported that his application to change 31-32D (one property certificate) for a certain building in a community in Luohu District to 31D and 32D (two property certificates) was rejected by the Shenzhen Real Estate Registration Center. It believed it was unreasonable because the "Summary Table of House Construction Area Units (Units)" issued by the Shenzhen Cadastral Surveying and Mapping Brigade on August 17, 2001 showed that 31D and 32D were two suites, both with an area of 114.22 square meters. Therefore the Real Estate Center should grant the change.
Mr. Liang introduced that the house was purchased in 1998. At the time of purchase, the developer merged 31D and 32D into one unit for sale, and the pre-sale contract area showed 213.5 square meters; in the real estate certificate issued in May 2003, the room number in the real estate name was "31-32D", and the construction area was 213.5 square meters.
Mr. Liang said that when he bought the house, it was already 20 years ago. Maybe the policy was relatively loose at that time. The developer registered the two houses as one. "I don't know if it is compliant or not, but the certificate has been issued anyway." Now the owner wants to split the house into two units, saying "Whether it is based on the surveying report of the Shenzhen Cadastral Surveying and Mapping Brigade, the current status of 31D and 32D, or the fire protection floor plan, it is shown that 31D and 32D are two independent units."
Therefore, Mr. Liang expressed his confusion as to what was the basis for rejecting the change? Why can’t the “Summary Table of House Building Area Sets (Units)” issued by the Shenzhen Cadastral Surveying and Mapping Brigade on August 17, 2001 be used as the “basis for change”?
Department response
Shenzhen Real Estate Registration Center:
The house was initially registered as a fixtures unit and new solutions have been provided
On August 10, the Shenzhen Real Estate Registration Center responded to this matter, stating that on July 16, 2021, the center had accepted the owner’s application for changing 31-32D into two suites, 31D and 32D, and rejected the application because it did not meet the change conditions.
According to the relevant staff of the Shenzhen Real Estate Registration Center, since the community has undergone initial real estate registration, the "Household Summary Table" in the registration file records that the building area of 31-32D is 213.50 square meters, and is noted as "duplex". In May 2003, the house was transferred and registered. The application form in the registration file recorded that the building area of 31-32D was 213.5 square meters; the "Shenzhen Real Estate Sales Contract" recorded that the house was located on the 31st floor and had a building area of 213.50 square meters. Based on the above original documents, 31-32D is divided into a fixture unit.
According to the provisions of Article 24, Paragraph 1, of the "Shenzhen Special Economic Zone Real Estate Registration Regulations", the registration agency shall examine the "consistency of the subject of application for registration, the real estate applied for registration, the content of application for registration, and other application registration matters and the facts proved by the application documents." Since the owner's application for registration matters are inconsistent with the facts proved by the submitted application documents, it was decided to reject his application for change registration of the above-mentioned real estate. If you are dissatisfied with the content of this decision, you may apply for administrative reconsideration to the administrative review authority within sixty days from the date of receipt of this decision, or file a lawsuit with the People's Court within three months from the date of receipt of this decision.
Why can't the "Summary Table of House Building Area Sets (Units)" issued by the Shenzhen Cadastral Surveying and Mapping Brigade on August 17, 2001" be used as the "basis for change"? Relevant staff of the Shenzhen Real Estate Registration Center stated that when the property was registered, the building area was recorded in the "Shenzhen Real Estate Sales Contract (Pre-Sale)" signed between the right holder and the developer on September 28, 1998. The building area was 213.5 square meters. However, in the "Summary Table of House Building Area Sets (Units)" issued by the Shenzhen Cadastral Surveying and Mapping Brigade on August 17, 2001, the sum of the building areas of 31D and 32D is 228.44 square meters, with an area difference of 14.94 square meters, so it cannot be used as a "change basis." The Shenzhen Real Estate Registration Center has provided the parties with solutions to the relevant changes, and has obtained the consent of the parties.
