I. Conditions for mortgage registration of projects under construction
1. The purpose of mortgage loans for projects under construction is the funds needed for the continued construction of projects under construction. Before the promulgation of the Civil Code, credit customers were not allowed to guarantee others' debts with projects under construction, nor their own debts for other purposes. They could only guarantee loans to obtain funds for the continued construction of projects under construction. After the implementation of the Civil Code, the mortgage of projects under construction can mortgage other types of creditor's rights, and there is no restriction on the types of mortgage guarantees for projects under construction.
2. The land occupied by the project under construction has paid all the land transfer fees and obtained the state-owned land use right certificate.
3. The Measures for the Administration of Urban Real Estate Mortgage clearly stipulates that the mortgage contract of the project under construction shall specify the serial numbers of the three certificates: the land use right certificate, the construction land planning permit and the construction project planning permit. Therefore, the mortgage of the project under construction must have obtained the land use right certificate, the construction land planning permit and the construction project planning permit. At the same time, the mortgage of the project under construction must also obtain the construction permit of the construction project.
4. The self-owned funds invested in the project must reach more than 25% of the total investment of the project construction, and the project construction progress and project completion delivery date have been determined.
Second, what information is needed for mortgage registration of construction projects?
(1) mortgage establishment registration of construction in progress (development project)
1, mortgage registration application form;
2. If the mortgagor or mortgagee is an enterprise, provide a copy of the business license (original proofreading), and other units provide a copy of the organization code certificate (original proofreading);
3. Mortgage contract and principal creditor's rights contract;
4, "State-owned Land Use Certificate" copy (proofreading the original), and the certificate of land ownership; If the pre-sale permit has been obtained, the formalities for stopping the sale must be handled first;
5, the construction project planning permit (including the appended drawings) original;
6, a copy of the construction permit (proofread the original) (the project investment is less than 300 thousand yuan or the construction area is less than 300 square meters);
7. If the mortgagor is a state-owned unit, it shall submit the approval of the superior competent department for agreeing to mortgage; If the mortgagor is a limited liability company, a joint stock limited company or a foreign-invested enterprise, it shall submit the resolution of the shareholders' (general) meeting or the board of directors (signed by the directors) and affix the official seal; If the mortgagor is a collective enterprise, it shall submit the resolution of the staff (representative) general assembly and affix its official seal;
8. Approval issued by the National Development and Reform Commission;
9. The image progress certificate issued by the supervision company;
10, the forecast drawing result book issued by the real estate surveying and mapping department;
1 1. (special) affordable housing and other real estate, it shall provide proof materials approved by the municipal construction administrative department;
12. Other information deemed necessary by the registration authority.
Legal processing time limit: 10 working days Actual commitment time limit: 7 working days.
(2) Registration of mortgage change of construction in progress (development project)
1, mortgage change registration application form;
2. If the mortgagor or mortgagee is an enterprise, provide a copy of the business license (original proofreading), and other units provide a copy of the organization code certificate (original proofreading);
3. Original registration certificate;
4. Proof materials for the change of mortgage right of the project under construction;
5, "State-owned Land Use Certificate" copy (proofreading the original), and land ownership certificate; If the pre-sale permit has been obtained, the formalities for stopping the sale must be handled first;
6. In case of maximum mortgage, proof materials that the creditor's rights secured by the maximum mortgage have not been determined shall be submitted;
7. If the mortgagor is a state-owned unit, it shall submit the approval of the superior competent department to change the mortgage; If the mortgagor is a limited liability company, a joint stock limited company or a foreign-invested enterprise, it shall submit the resolution of the shareholders' (general) meeting or the board of directors (signed by the directors) and affix the official seal; If the mortgagor is a collective enterprise, it shall submit the resolution of the staff (representative) general assembly and affix its official seal;
8. The image progress certificate issued by the supervision company;
9, real estate surveying and mapping departments issued by the forecast results;
10. For real estate such as (special) affordable housing, the certification materials approved by the municipal construction administrative department shall be provided;
1 1. Other information deemed necessary by the registration authority.
Legal processing time limit: 10 working days Actual commitment time limit: 7 working days.
(3) Registration of mortgage right of projects under construction (non-development projects)
1, mortgage registration application form;
2. If the mortgagor or mortgagee is an enterprise, provide a copy of the business license (original proofreading), and other units provide a copy of the organization code certificate (original proofreading);
3. Mortgage contract and principal creditor's rights contract;
4, "state-owned land use certificate" copy (proofreading the original) and land ownership certificate;
5, the construction project planning permit (including the appended drawings) original;
6, a copy of the construction permit (proofread the original) (the project investment is less than 300 thousand yuan or the construction area is less than 300 square meters);
7. If the mortgagor is a state-owned unit, it shall submit the approval of the superior competent department for agreeing to mortgage; If the mortgagor is a limited liability company, a joint stock limited company or a foreign-invested enterprise, it shall submit the resolution of the shareholders' (general) meeting or the board of directors (signed by the directors) and affix the official seal; If the mortgagor is a collective enterprise, it shall submit the resolution of the staff (representative) general assembly and affix its official seal;
8. Approval issued by the National Development and Reform Commission;
9. The image progress certificate issued by the supervision company;
10, the forecast drawing result book issued by the real estate surveying and mapping department;
1 1. Other information deemed necessary by the registration authority.
Legal processing time limit: 10 working days Actual commitment time limit: 7 working days.
(4) Registration of mortgage right change for projects under construction (non-development projects)
1, mortgage change registration application form;
2. If the mortgagor or mortgagee is an enterprise, provide a copy of the business license (original proofreading), and other units provide a copy of the organization code certificate (original proofreading);
3. Original registration certificate;
4. Proof materials for the change of mortgage right of the project under construction;
5, "State-owned Land Use Certificate" copy (proofreading the original), and land ownership certificate;
7. If the mortgagor is a state-owned unit, it shall submit the approval of the superior competent department to change the mortgage; If the mortgagor is a limited liability company, a joint stock limited company or a foreign-invested enterprise, it shall submit the resolution of the shareholders' (general) meeting or the board of directors (signed by the directors) and affix the official seal; If the mortgagor is a collective enterprise, it shall submit the resolution of the staff (representative) general assembly and affix its official seal;
9. The image progress certificate issued by the supervision company;
10, the forecast drawing result book issued by the real estate surveying and mapping department;
1 1. Other information deemed necessary by the registration authority.
Legal processing time limit: 10 working days Actual commitment time limit: 7 working days.
Three. Problems needing attention in mortgage of projects under construction
1. The purpose of the mortgage of the project under construction must be to provide guarantee for the mortgagor to obtain the loan for the continued construction of the project under construction, and the purpose of the loan must be clearly "used for project construction".
2. The mortgagor and debtor of the project under construction must be the same person, and the project under construction shall not provide guarantee for the debts of others.
3. The mortgagee of the mortgage of the project under construction shall be an institution with financial license (usually a bank) and supervise the use of the loan.
4. The subject matter of the mortgage of the construction in progress shall be the completed part of the construction in progress, and the unfinished part shall not be mortgaged. Therefore, the mortgage registration of projects under construction must be inspected on the spot and recorded accordingly.
According to the relevant laws and regulations, the mortgage of real estate can only take legal effect after registration, while the mortgage registration of construction in progress can only be handled if the above conditions are met.
Legal objectivity:
Article 221 of the Civil Code of People's Republic of China (PRC) * * * If the parties sign an agreement on the sale of houses or other agreements on real property rights, they may apply to the registration authority for advance notice registration in order to ensure the realization of real property rights in the future. After the advance notice registration, if the obligee without advance notice registration agrees to dispose of the real estate, the real right effect will not occur. After the advance notice registration, the creditor's rights are extinguished or the application for registration is not made within 90 days from the date when the real estate registration can be carried out, and the advance notice registration is invalid.