The Research On The Registration Of Condominium Ownership

Condominium ownership is a kind of independent compound real rights. It need fulfill the registration to represent the changes of rights. Since the condominium ownership is much more complicated than other real estates, so we must pay more attention on the publication of registration. However, the current real estate registration model that net floor area plus mutual floor area as the total floor area, failed to reflect the distinction between exclusive ownership and joint ownership. Thus easily make the ownership in confusion. The author expects to improve the registration system of condominium ownership by this article which is focus on addressing these issues by integrating theory with practice.This paper is divided into four parts. In the first chapter, the author analyzes the basic theory of the condominium ownership based on the historical evolution of that in China. On the concept of condominium ownership, the author in favor of the'Three--element Theory'that it is composed of the exclusive ownership, joint ownership and membership. But the author holds that the definition can be applicable to a certain area not only the same building in the area. Therefore, when there are several owners in same building zoning, the condominium ownership include the exclusive ownership the owners have in their independent space (exclusive part), the joint ownership the owners shared in parts of the building (total part), and the membership about management, maintenance and repair of the common services. So, the author believes that, the exclusive ownership and the joint ownership constitute the'two souls'of the condominium ownership ----the independent soul and the common soul ----which is the part of the property law, and the membership belonged to the management relations, has the human law (management system) nature. Therefore, the research about the registration of condominium ownership whose object is the property must focus on the exclusive ownership and the joint ownership.In the second chapter, the author analyzes the basic theory of the registration of the condominium ownership based on the historical evolution of that in China. The registration of the condominium ownership is the behavior that the real estate registration agency registers the exclusive ownership and the joint ownership in the registration book. From the right, it can be divided into registration of exclusive ownership and the joint ownership. Registration of the exclusive ownership is that the real estate registration agency registers the exclusive ownership in the registration book. The key point to study the registration of the exclusive ownership is to define the scope of the exclusive parts, by the way of quantification through the real estate mapping technical method. Firstly, the rules that define the exclusives include the 3 aspects: 1. it should have the clear the property peculiarities that must be fixed; 2. it should have the independent functions that can be used independently and exclusively; 3. it should have the clear physical remarks that have the characteristics of the unique. Second, the way to fix the area of the exclusive part should follow the theory of'the heart wall and finally painting surface layer', that is, the room building area includes the useable area of the room house, the room wall area and the room balcony area, the public wall is calculate by half the level projected area (i.e., heart wall). Registration of the joint ownership is that the real estate registration agency registers the joint ownership in the registration book. The rules that define the common parts have the 3 aspects: 1. the constitutional attachments; 2. the common characteristics in use; 3. the common in law. The natural common part, which is not easy to calculate and record, do not need to register, but can define it by legal principles and examples; what is easy to calculate and record, can be registered in the registration book. The ruled legally and agreed common parts, which are independent on the structure and the use, should be registered and connected with the corresponding exclusive parts. No matter for some owners, or all owners.In the third chapter, the author discusses the controversial issues in practice on condominium ownership. Overhead layer, as a structural term, rather than the function terms of real estate, whose ownership should be defined through legislation or in the planning permission, or express publicly and contract in the sales agreement. The green before the window should belong to all the owners, except for the personal use determined by the planning permission, and had been expressed when sold, and contracted definitely. The space on the roof should be a natural common part, except for the personal use determined by the planning permission, and had been expressed when sold. The parking spaces, garages, which within the ratio, which should be allocated during land transfer, land and engineering planning permission, are only allowed to transfer in the residential property owner .The others, can be disposed by developers without limit. The schools, kindergartens, should belong to developers when they are not the ruled legally and agreed common parts. The civil air defense projects, which within the scope that must be built determined in the land transfer, land and engineering aspects of planning permission, belong to the State; the residential property owners have the right to use. The others can be disposed by developers without limit.In the fourth chapter, the author put forward his own ideas of improving the registration of the condominium ownership. First, as to the initial registration of the condominium ownership, the developers should be required to apply for registration not only of the exclusive parts, but also include the ruled legally and agreed common parts those contain the public places, public facilities and the parts for property services, and sub-specific each parts. The registration agencies register each part in the real estate registration book. Second, for the registration of the exclusive ownership, we should adjust the current registration practices and area calculation method, let the exclusive owner register the exclusive part, measure to heart wall, measure and register with the room building area. Third, for the registration of the joint ownership, the present calculation and the apportionment should be abolished, replaced with enumerating the common parts. Combined together the common parts no matter what is a natural, ruled legally, or agreed, to establish a separate registration book, marked as common parts, and clearly labeled the rights admitted to parts and all of owners. For the exclusive parts, only need to register the common land area and building area, not to allocate. Finally, on the establishment of the register and associated problems, we should mark out the housing situation and base rights in the land registration book and housing registration book, and the whole circumstance of the building in the housing registration book. For the paper as register, it may mark the registers'codes and page of the common parts in the page of the basic conditions of the exclusive register. For the electronic media as register, it may use the way as program links, establish the program links with the electronic register of the common parts in the exclusive electronic register, if click the links, directly point to the registers of the common part.