Original Title: Beijing’s “Public Households” Policy Comes and Real Estate Transactions Impact How Much
Beijing Commercial Daily reporter Lu Yang and Wang Yinhao
What should I do if the original owner refuses to remove his account after buying a house? There is no house in Beijing and the parents are collective households. How can newborns settle in Beijing? In order to effectively solve the problem of permanent residence in this city who do not currently have the conditions for relocation within the city, the Beijing Municipal Public Security Bureau has recently issued a “public household” settlement policy, “Beijing Municipal Public Security Bureau Household Registration Police Station Establishing Public Household Regulations (Trial)” ( Hereinafter referred to as the “Regulations”) will be implemented on June 1, 2021.
“Who” can settle down
According to the requirements of the “Regulations”, in principle, each household registration police station in the whole city will only set up one non-agricultural “public household” to accept non-agricultural household registration personnel who do not currently have the conditions for relocation within the city.
Who can settle in “public households”? The “Regulations” clarified six situations. If one of them is met, one can apply for a “public household” settlement at the police station where the household registration is located. However, it should be noted that the “public household” in the “Regulations” is only for people with registered permanent residence in Beijing, and the above six situations do not include student household registration, Beijing office household registration, post-doctoral household registration, and other restrictions on urban household migration.
The specific 6 types of household settlement situations include moving out due to housing property rights transactions, but the person, spouse, or other immediate family members (other immediate family members include parents, children, grandparents, and grandchildren. The same below) None in this city Houses with legal property rights, the household registration cannot be moved out; the household registration must be relocated after the divorce, but the person, spouse or other immediate family members have no legal property right housing in this city, and the household registration cannot be moved out; the household registration must be moved from the original unit collective household registration due to resignation If the current unit does not have a collective household, and the person, spouse or other immediate family members have no legal property rights in this city, and the household registration cannot be moved out; due to the change of housing transaction ownership or the change of public housing tenancy rights, the current housing right holder applies for the original household If the person inside the house moves out, the original person in the household refuses to move out without justified reasons; if one of the birth parents of the newborn is registered in a “public household” in this city, and the newborn cannot declare the birth registration at another address in this city, you can The birth registration is declared in the “public household” where the biological parents’ household registration is located; for other special reasons, the household registration cannot be handled within the city for relocation.
What needs to be prepared
The required materials for the procedures for the transfer of “public households” are also roughly divided into six parts.
Home application form. It should be noted that for natural persons under the age of 18, or other persons with limited capacity for civil conduct or persons without civil capacity, their guardians shall handle the procedures on their behalf and provide relevant materials about the guardianship relationship. The following situation is the same.
Applicant’s “Resident Household Registration Book” or “Registration Card of Permanent Resident”. If you are not moving in in person, you need to submit the “Power of Attorney” signed by the client, the client’s “Resident Residence Booklet” or “Resident ID Card” and other valid identification documents (applicable by the owner of the house or the tenant of public housing) If you relocate a person with a registered permanent residence in the house, you do not need to provide relevant identification materials of the registered permanent residence).
For housing property rights transactions, relevant documents such as “House Sales Contract”, “House Ownership Certificate” or “Real Property Certificate” must be provided; if the tenant of public housing changes, a new lease contract and description of the public housing unit must be provided; for divorce, divorce must be provided Certificates, divorce agreements or court judgments and court mediation documents filed by the Civil Affairs Bureau; those who resign must provide resignation certificates, employee social security payment records and other relevant materials that can prove that they have resigned. If there are new units, they must also provide the administrative seal of the new unit. Description of the situation of non-collective households.
Newborns who apply for birth registration in “public households” shall be handled in accordance with the municipality’s work procedures for newborns’ birth registration. “Notification Letter” and “Notification Letter Receipt”, “Commitment Letter to Move into “Public Households” or “Commitment Letter of Housing Owner or Public Housing Tenant Application for Relocation of Resident Residents”, and other necessary materials.
How to do it
There are two types of “public household” procedures, one is to apply to move into the “public household” by oneself, and the other is to move into the “public household” by the residents who have their own residence registration.
The applicant or guardian applies to move into a “public household”. For those who meet the “public household” entry requirements, the applicant or guardian should apply to the police station where the household registration is located; the police station where the household registration location is located should review the materials submitted by the applicant or guardian, and accept the documents that meet the entry requirements and complete the materials on the spot. If it is complete, the applicant or guardian should be notified of the necessary supplementary materials at one time.
The public security agency shall complete the review within 35 working days from the date of acceptance of the materials. If it is necessary to request a higher-level department, the request period shall not be included in the processing time limit; if the conditions for moving into a “public household” are met, the public security agency will notify the applicant and notify the applicant. Go through the move-in procedures within 10 working days from the date.
The owner of the house or the tenant of public housing applies for the transfer of those who have been stranded in the house to a “public household.” The owner of the house, tenant or guardian of public housing should apply to the police station where the house is located; the police station where the house is located will review the materials submitted by the applicant or guardian. Those who meet the requirements for entering the house and complete the materials should be accepted on the spot. If the materials are not complete, they should be one-time Inform the applicant or guardian of the supplementary materials.
The public security organ shall complete the processing work within 35 working days from the date of acceptance. If it is necessary to consult the higher-level department, the request period shall not be included in the processing time limit.
Before making a decision on household registration, the public security agency shall inform the stranded household registration personnel or their guardians, and inform them of the right to make statements and defenses in accordance with the law. If it is not possible to inform, the public security organ will announce that the announcement period is 30 days (the announcement period is not included in the processing time limit); those who are stranded in the household register or their guardians have not made a statement or defense or have not moved their household accounts after receiving the notice or within 7 days after the expiration of the announcement period , Or if the statement and defense reason is not adopted by the public security organ, the public security organ will transfer the household registration to the “public household” by itself.
“Knock the blackboard” to make the key points! After the application is completed, the public security organs will print out the “Registration Card for Permanent Residents” for the “public households”, with a validity period of 1 year. “Public households” should apply for a new “Registration Card for Permanent Residents” at the police station in the place of household registration within 14 working days before the “Registration Card for Permanent Residents” expires.
Real estate transaction affects geometry
“Great, this old problem is finally solved.” In April last year, Zhang Ping and her husband bought a one-bedroom apartment near the Heping West Bridge near the company. “It’s good to sign a contract when buying a house. Who knows that the original homeowner has not moved his account after buying a house. We have contacted the agent several times and he said that his new house is a new house and it will take three years.” Although there is Zhang Ping was disturbed by the 100,000 yuan account deposit, but the fact that someone else’s account on his house has not moved out still makes Zhang Ping uneasy.
“Generally, when signing a contract, a company’s standard contract is used, in which there are clear procedures, time limits, and the amount of account deposits for account transfer, and breach of contract regulations.” According to Lianjia, generally after the buyer and seller have completed the transfer of property rights, the seller in the contract After the account transfer is completed within the specified time, the broker will accompany the buyer to the household registration management department to verify the account transfer. After confirming that the account has been transferred, the buyer will authorize the capital supervision platform to pay the account deposit to Party A.
I love my homeIn an interview with a reporter from Beijing Commercial Daily, it was introduced that the current “account deposit” is a corporate regulation adopted by brokerage companies to ensure the rights and interests of buyers and sellers. The amount is mostly negotiated. The houses currently traded in the Beijing market are generally based on the value of the house and the duration of relocation. The maximum is not more than 300,000 yuan, and most are 100,000 yuan.
“Generally, those who can move out will move out quickly. There are also a few disputes. The contract will stipulate that the account security deposit shall be signed according to the length of the account stay and a certain proportion of the housing payment. The new homeowner can file a lawsuit.” But the director of a head brokerage company. The director of a business also admitted that although the cost of proof is not high, old homeowners are difficult to contact and implementation is difficult to trouble new owners. “The promulgation of this policy is very beneficial to the solution of selling houses and not moving households.”
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