Xiamen Pre-Sale Regulations

Original Language Title: 厦门市商品房预售管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399496.shtml

Xiamen pre-sale regulations

    (November 29, 2013, Xiamen City people's Government, the 40th Executive meeting of December 1, 2013 Xiamen City people's Government, the 155th published come into force on January 1, 2014) Chapter I General provisions

    First in order to regulate the behavior of real estate sale, protect legal rights parties to commercial transactions, and promoting the healthy development of the real estate market, according to the People's Republic of China on urban real estate administration law and the regulations on urban real estate development and management, of the Xiamen Special economic zone on urban housing regulations and other relevant laws and regulations, combined with the city's actual, these provisions are formulated.

Article presale in these rules refers to sale will be developed prior to the acceptance of commercial housing sold to the purchaser, or house price paid by the purchaser of the deposit.

    Advance people in these rules refers to the establishment of the pre-sale of real estate development enterprises; the purchaser refers to the purchase of commercial housing units and individuals.

    Article presale shall follow the voluntary principle, fairness, consensus and good faith.

Fourth of municipal land and Housing Authority (hereinafter the presale Department) is responsible for the management work of the housing.

    Sale department belongs to the municipal land and housing transactions registered institutions (hereinafter register) of management services of real estate sale.

    Chapter pre-project management

Article fifth pre-sale shall comply with the following conditions:

(A) have been delivered to all of the land use right transfer, obtaining the land certificate;

(B) a construction project planning permit and construction permit;

(C) the housing construction project contracts already in force, housing delivery dates have been identified; (D) invest development money has reached the project with a total investment of more than 25%.

Apply for pre-sale progress in image of the project should meet the standards for: 7 levels (level 7), have completed the main building Cap works; 8-storey (level 8), has completed the main structure of one-second, and shall not be less than 7;

(E) sale of pre-sale permit issued by the competent authorities has been made.

    Sale departments according to the market situation, in front of not less than under the conditions laid down in the fourth paragraph, the pre-sale adjust the project's image progress, submitted to the municipal people's Government for approval.

Article sixth advance to the sale of pre-sale permit applications made to the competent authority, shall submit the following materials:

(A) the advance sale of commercial housing application form;

(Ii) the provisions of article fifth to four of the supporting documents;

(C) licence and qualification certificate in real estate development;

    (D) the pre-sale program.

Article seventh pre-sale programmes include the following:

(A) the name of the project, location, land use, scale, volume and other basic information;

(B) the project construction period, construction planning and construction phases of building projects;

(C) public areas and public facilities of public facilities, such as ownership affiliation, position, size and number (number) and sketch;

(D) the project advance plan, this pre-sale you can sell house number, building number, area, and room number for each House, area, sales unit price and total price, and so on;

(E) the planning authority approved the pre-sale of project master plan and tiered plans;

(F) report of the forecast area of this applications for pre-sale;

(G) parking (garage) for sale or leasing programmes;

(H) the Fund supervision of real estate sale agreement;

(I) housing renovation standards;

    (10) other elements of national provisions.

    Article eighth pre-sale project stages and building applications for licence, but not hierarchical, modular applications. Nineth presale Department of the date of acceptance of applications for pre-sale in the 10th, to agree or disagree with pre written decision according to law.

    Agree to advance, since the date of the decision in the 10th to sale person pre-sale permit issued by; does not agree with the sale, and shall state the reasons in writing.

Article tenth pre-sale permit shall include the following:

(A) name of the pre-sale;

(B) the licence number;

(C) name of the pre-sale (including selling advertising name), building number, floor space, use;

(Iv) special account fund supervision of real estate sale;

    (E) prescribed shall set forth the rest of the State.

    11th presale project floor area ratio or of units, structures, floors, electrical changes, sale shall entrust the original mapping agencies to measure again the area in advance, to the authority in advance and pre-sale permit change procedures.

12th pre-sale items transferred to other development and construction of real estate development enterprises in accordance with law, the transferee shall hold the following documents for pre-sale permit changes procedures:

(A) the transfer contract for housing project;

(B) the original pre-sale permit;

(C) the transferee of the licence and a qualification certificate in real estate development;

(D) renewal of pre-paid funds regulation;

(V) other materials stipulated by the State.

Meet the requirements, booking departments shall from the date of acceptance of the pre-sale permit changes in the 10th.

    Transferee to apply for pre-sale permit change after the pre-sale. 13th pre-sale item after acceptance, booking shall apply to departments of pre-sale housing sales for the record.

Housing for eligible projects, booking departments shall be filed, and proof of record sales of commercial housing.

    Achieved record sales of commercial housing after proof, the original pre-sale permit expire automatically.

    Chapter three sale management

Article 14th sale shall, according to pre-sale permit sale of the contents.

For licence has been made of the housing project, booking people should get a pre-sale permit in the 10th of publicize all sale listings and price per unit.

    Pre-sale release pre-paid advertising, should be set forth in pre-sale advertising pre-sale permit number.

15th sale shall not be any of the following acts:

(A) lack of pre-sale permit for sale;

(B) subscription, without access to pre-sale permit reservations, a row number, issue VIP cards, charge or deposit in a disguised form, booking expenses;

(C) after returning to the marketing, sale and rental services, such as pre-sale;

(D) apart from the commercial housing price agreed in the contract of sale of commercial housing, and other payments charged to the purchaser;

    (E) other behaviors prohibited by laws, rules and regulations.

16th advance people to prominent positions in the field of real estate sale exposes the following matters:

(A) pre-sale permit;

(B) pre-people's business license, qualification certificate in real estate development, land contracts, land warrants for housing, construction project planning permit and construction permit;

(C) the programme of real estate sale, project plans, land contracts in the public facilities of the sketch, prediction of commercial housing area reports and fund supervision of real estate sale agreement should be open for itself;

(D) the development progress and completion of the project, the date of delivery;

(E) real estate sale table, including: commercial housing units, area, pool area, sale status, restrictions on the rights situation, etc;

(F) price and the prices of telephone hotlines;

(G) the sale contract demonstration text;

(H) the structure type, size, decoration of housing standards;

(I) real estate property management service and its fees when delivered;

(J) the adverse factors prompt;

    (11) the provisions of national, provincial and municipal real estate sale.

17th sale person pre-sale of principal real estate broker agent, shall entrust the legally established real estate agencies.

Real estate agencies in the city engaged in the pre-sale service, shall, in accordance with the relevant provisions of regulation of market intermediaries in Xiamen to the departments in advance.

    When real estate brokers real estate sale, may be charged to the purchaser for any expense.

18th agent pre-sale real estate brokers should be prominent positions in the field of real estate sale open to the purchaser the following matters:

(A) the 16th of these rules require the disclosure of matters;

(B) the real estate broker's license, proof of filing;

(C) pre authorized Attorney for real estate brokers agents;

    (D) the real estate brokerage agency address and contact phone number.

19th the pre-sale, booking and the purchaser shall be registered through the Web site signed a contract of sale of commercial housing, including subscription, book House, booking and purchaser sign real estate purchase agreement shall be registered in the Agency's Web site. Sale shall, from the date of the contract of sale of commercial housing in the 10th to register the registration formalities. Purchaser or to the registration authority for registration procedures.

    Registration Agency shall, from the date of acceptance of the application within 5 working days to provide a written decision, granted for the record and issues the registration certificate; not for the record, shall state the reasons in writing.

Advance sale of 20th and the purchaser can apply for registration after signing the contract of sale of commercial housing.

    Advance a unilateral application for registration, booking and advance sale contract of registration with terms and conditions, the purchaser shall submit the corresponding proof materials. 21st sale departments shall provide printed, number of sale contract demonstration text.

Pre-sale and after consensus, the potential buyer, the sale contract demonstration text content can be selected, modified and supplemented.

    Buyer requested that the sale person pre-sale advertising and publicity materials issued by express, commitments agreed in the contract of sale of commercial housing, booking shall not be refused.

22nd pre-sale set land mortgage, shall first obtain the mortgagee on the sets of real estate registration release certificates, shall not be registered for sale contract.
Set construction mortgages, you should handle the mortgage of the real estate registration, shall not be registered for sale contract.

    Article 23rd advance man and the purchaser can rescind the sale contract shall be from the date of termination of the contract in the 30th to the registration authority for cancellation of the registration.

    Article 24th pre-sale of project volume rate and housing programmes, in addition to the pre-sale units, structures, floors, use of other contents changed, shall, from the date of change in advance in the 10th to sale departments, and prominent positions in the field of real estate sale to the public.

    The fourth chapter advance funds management

25th pre-paid funds refers to the purchaser in pursuance of the contract, paid up front to advance people in commercial housing completed and delivered as the cost of housing construction funds.

    Pre-paid funds before the housing was completed and delivered, mainly for the purchase of essential building materials, the construction of the project equipment and construction project in terms of progress payment and statutory taxes and fees shall not be diverted to any other use.

    26th the registration authority responsible for supervision and administration of pre-sale of the receipt and use of funds. 27th sale shall be pre-paid funds dedicated account established in the Bank.

    Advance people have more sale items and pre-sale funding private accounts should be established.

28th presale before people apply for pre-sale permit, shall be registered with the Agency, Bank pre-paid funds supervision signed three agreements define the rights, duties and responsibilities.

    Advance human development scale, mortgage credits and other reasons, to increase the Bank shall be subject to registration agencies agreed to additional funding private accounts of real estate sale. Article 29th presale Department shall establish the advance credit file, according to advance credit to determine regulatory capital from the pre-sale presale list.

    Specific measures shall be formulated by the presale Department.

    Article 30th Fund supervision of real estate sale after the agreement is signed, due to the reasons of the depositary bank, presale people can change the depositary bank, fund supervision of real estate sale agreement signed back.

31st advance payments should be according to the contract, advance sale of commercial housing presale funds directly into a private account, present the proof of payment issued by a bank to advance people in Exchange for sales invoices.

    Sale themselves for sale when the contract registration, should be accompanied issued by a bank to advance the pre-paid deposit pre-paid funds dedicated account credentials.

32nd advance people using the pre-paid funds, shall submit the following documents to the registration body:

(A) the application form for use of pre-paid funds;

(B) payment plan;

    (C) to cover the project, provide construction supervision unit in terms of progress proof and construction unit of money applications used to pay for the project required the construction of building materials, equipment, providing purchase and sale contracts with the supplier.

Article 33rd Registration Department upon receipt of applications for pre-people, according to the following program review, and replied within the 5th:

(A) review the presale information provided by the person; (B) approved by quota.

To cover the project, according to the construction contract project and construction units applied for approval to use; used to purchase building materials, equipment, according to its approval of the purchase and sales contract and project progress; used to pay legal taxes, approved notified under taxes. Agree to use the pre-paid funds, approval issued by the registration authority on the application form, the Bank approved for pre-sale allocation of funds clearance.

Do not agree, the registration organ shall state the reasons in writing.

    Registration authorities can fund supervision of real estate sale agreement agreement, applications for pre-people's specific accounting matters referred to the Bank for processing.

    Article 34th except in accordance with the provisions of article 32nd, 33rd, paragraph rules, a sale person may apply to the registration authority for a certain amount of money, as a reserve.

    35th sale of pre-paid funds shall be dedicated account reconciliation chanyu provide to register before the 15th day of each month.

36th presale who meet the following conditions may apply to the registration authority for revocation of pre-paid funds supervision:

(A) pre-sale completion;

(B) have no overdue project.

    The registration agency agreement, to the Bank for settlement procedures, cancellation of pre-paid funds dedicated account.

    Fifth chapter of supervision and inspection

    37th presale Department shall establish a complaint handling system of real estate sale and pre-sale process complaints in a timely manner.

38th authorities in advance to conduct supervision and inspection of real estate sale and the right to take the following measures:

(A) require advance man, real-estate brokers checking an explanation and description of the problems involved, and access to the site to check if necessary;

(B) the pre-sale is happening to stop or correct violations;

(C) requested relevant units and personnel and to check documents and materials relating to the matter and make a copy;

(D) the laws, regulations and other measures provided for in regulation.

    Check the unit and its personnel shall cooperate, without prejudice and impeding the supervision and inspection activities.

39th sale departments should strengthen supervision and inspection of the implementation of the licensing of real estate sale and found to be one of the following circumstances shall be ordered to correct, suspend the online agency of the project, and according to the risk warning in advance:

(A) not according to pre-sale permit sale of the contents;

(B) violation of the provisions set forth in 11th, 12th, did not apply for pre-sale permit change of pre-sale;

(C) violation of the provisions of article 15th, the fourth requirement, after returning to the marketing, sale and rental services, such as pre-sale and to pre-order housing price charged agreement other than payments;

(D) storage, use the pre-paid funds not according to stipulations.

    Sale person to rectify, booking online agency of the competent departments shall recover the project in a timely manner.

    Chapter Sixth penalty

40th advance people have one of the following, by the presale Department ordered corrective action and fined a maximum of more than 10000 30000 Yuan, and written into the pre credit file:

(A) in violation of the provisions of article 14th paragraph, not date of obtaining pre-sale permit in the 10th publicize all sale listings and price per set;

    (B) violation of the provisions of 19th article, fails to register Web sites sign a contract of sale of commercial housing or real estate purchase agreement.

    41st article in violation of the provisions set forth in 16th and 18th, booking or real estate brokers is not exposed to the potential buyer requirements, the presale Department shall order rectification; late refuses, fined a maximum of more than 10000 30000 Yuan, and credited to the credit file.

    42nd sale Department and registered institution for dereliction of duty, abuse, deception, by their work units or by the competent authorities shall be given administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

    The seventh chapter by-laws

    43rd presale Department you can adjust the pre-sale regulatory model, commissioned by the pre-sale of commercial banks and other third parties to advance funds deposited and use regulation, specific measures by the presale Department under State and draw up the relevant provisions in Fujian province, reported to the municipal government for approval promulgation and implementation. 44th article of the regulations come into force on January 1, 2014. September 30, 2001, Xiamen, Xiamen City people's Government published the 100th, pre-sale regulations abolished at the same time.