Housing pre-sale registration and filing refers to the registration and filing procedures handled by the development enterprise to the real estate management department and land management department of the people's government of the city or county after the signing of the housing pre-sale contract.
Advance notice registration refers to that buyers and sellers apply for advance notice registration to the registration agency in accordance with the agreement in order to ensure the realization of future property rights.
2, the legal nature is different:
The filing system is an administrative measure stipulated in the Urban Real Estate Management Law, which belongs to the administrative management system.
Advance notice registration is a kind of real estate registration system stipulated in the property law, which belongs to the civil system.
3. Different purposes:
The registration and filing of pre-sale of commercial housing has the function of administrative protection for pre-buyers, which helps the construction administrative department to strengthen the supervision and management of the real estate market and maintain the healthy development of the real estate market.
The main purpose of advance notice registration system is to ensure that creditors can realize property rights in the future.
4. Different registration methods:
Pre-sale registration and filing system is a mandatory system only for real estate development enterprises.
Only after both parties have an agreement on advance notice registration can they apply for advance notice registration. In principle, both parties must apply at the same time, unless otherwise stipulated by law.
5. Different scope of application:
The filing system is only applicable to the pre-sale of commercial housing.
The application scope of advance notice registration is wider than that of pre-sale registration of commercial housing, and advance notice registration can be carried out for house sale, mortgage and transfer of construction land use rights.
6. Different registration departments:
The local people's government is the main management institution entrusted by law to handle the pre-sale registration of commercial housing. It can be the administrative department of construction; It can be the real estate management department; Can also be entrusted to the housing registration agency, with greater flexibility.
The main organ of advance notice registration is unique, that is, the housing registration agency.