Qiqihar Interim Measures For The Management Of Real Estate Sale

Original Language Title: 齐齐哈尔市商品房预售管理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368172.shtml

Qiqihar interim measures for the management of real estate sale (1th January 31, 2012, Qiqihar city people's Government Executive meeting 1th February 20, 2012, Qiqihar city people's Government promulgated as of March 21, 2012) the first to standardize the behavior of real estate sale, maintaining market order, protecting the legitimate rights and interests of the real estate transactions, promoting the healthy development of the real estate market, according to the People's Republic of China on urban real estate administration law, Ministry of construction, the sales of commercial property management procedures, laws and regulations and the

    New in Heilongjiang province and other relevant provisions of the provisional regulations on the management of real estate sale, based on actual city, these measures are formulated.

Second approach applies to state-owned land within the urban planning area of this municipality on the management of real estate sale.

    Real estate sale in these measures refers to real estate development and management companies (hereinafter enterprise) to sell houses under construction in advance to the successful bidder, or the price paid by the successful bidder of the deposit.

Article, real estate administrative departments in charge of the city's real estate sale management.

    Counties (cities) and nianzishan district, melies area, in fulaerji area, Angangxi District real estate administrative departments in accordance with this method is responsible for real estate sale management within their respective administrative areas. Article fourth pre-sale through a licensing system.

    Presale access to city, County (City) real estate administrative departments issued after the pre-sale permit, available for pre-sale.

Fifth article of the pre-sale permit shall meet the following conditions:

(A) the real estate development enterprise qualification certificates and business licenses.

(B) obtaining permits for development projects, land-use rights certificates, construction project planning permit and construction permit.

(C) investment development funds for the construction of projects with a total investment of over 25%, and identify progress and completion dates.

(D) the pre-sale program.

(E) construction contract and instructions on construction progress.

    (F) meets the requirements of relevant laws and regulations.

Article sixth pre-sale programmes should include the following:

(A) project name, location and orientation, land use, project size, decoration, green standards, heating mode, volume rates and so on. (B) the construction of real estate projects.

Including the construction period of the project, the project plan and schedule.

(C) public use, community use and development of private property and clear the location, size, number of public facilities (rooms), and so on.

(D) the pre-sale can sell house number, building number (the number), construction area, sale price and movement. (E) the pre-sale availability table for sale.

Including every home room number, area, sales price, housing and so on.

(F) monitor the implementation of the advance funds.

(G) community environment programmes and community environment rendering.

(H) the date of sale, the sales process.

(I) household energy consumption and energy-saving measures.

(J) Provisional qualification development enterprises, should be provided with independent legal status and compensation ability of quality responsibility of guarantee.

(11) fixed Sales Office settings, layout.

    (12) to confirm the property management unit. Article seventh real estate administrative departments should develop enterprise applications by field verification project's image progress, determine the scale of real estate sale.

Construction of project phases, presale people can bid in stages of the pre-sale of licenses.

    Pre-sale minimum project size must not be less than. Article eighth before applying for real estate sale, enterprises should to the city and County (City) prices Department price registration of real estate sale and price.

    Specific requirements in accordance with the management measures of Qiqihar commercial housing sales price (align with the word [, 2011]6). Nineth obtained licence of commercial housing projects, developers in sales posted in a significant position in the 10th voluntarily released all the houses and the pre-sale program.

    Enterprises should be strictly in accordance with the approved pre-sale public sales programme.

    Tenth sale people mortgage advance sale of commercial housing, must be approved by the written consent of the mortgagee acquisition and shall inform the person has pre-sold commercial housing, booking shall not mortgage.

11th due to infrastructure or public interest, booking changes have the pre-sale of units, structures and related facilities, be submitted to the approval of the relevant administrative department, commissioned after the original survey and mapping to measure again the sale area, handled the pre-sale permit change. Because changing the pre-sale type, structure or design changes, resulting in the pre-sale area, relates to acquisition of rights stipulated in the contract, booking should be completing approval procedures on the date in the 10th, written notice to the successful bidder, consultation with the successful bidder changing sale contract, signed the supplemental agreement or terminate the contract of sale of commercial housing. Successful bidder in 15th after receiving written notice without responding, and deemed to have agreed to the change.

    Sale failed to notify the successful bidder within the prescribed, pre-sale bear corresponding responsibility. 12th sale of transfer has been part of the sale of real estate projects under construction, should go through the change of real estate sale procedures, and approval of the transfer within 10th of written notice to the successful bidder. Successful bidder should be told the date make a decision on whether to terminate the contract in the 15th.

    The successful bidder has not challenged the continued performance of the contract or expiration, former advance man transferred all project rights and obligations of the assignee and transfer contract and project assignee.

13th pre-sale projects after the completion of the planning, building, fire and other acceptance by the Administration before they can deliver. Residential construction must be completed before the completion of the construction programme.

    As a result of seasonal reasons, cannot be completed that year, must be completed before the end of August the following year, or no acceptance. Article 14th sale of houses within 90 days from the date of delivery, the successful bidder shall, to the city and County (City) property management and land management Department for registration procedures.

Enterprises should be assisted, providing the necessary supporting documents.

    Due to the reasons for enterprise, the successful bidder failed to achieved in houses within 90 days from the date of delivery of housing ownership certificates, in addition to the development and acquisition of enterprises have special agreed, the enterprises should bear liability. 15th enterprise of substandard housing may not be delivered.

    Main structure for housing substandard living or due to quality housing is a serious problem affecting the normal use, the successful bidder is entitled to terminate the contract. 16th enterprise real estate sale, shall produce to the successful bidder of the pre-sale permit of the building. Advertisements and manuals of the pre-sale permit must contain an approval number.

    Publication of an advertisement of the sale shall be strictly in accordance with the People's Republic of China advertisement law and Commerce real estate advertisement provisional regulations and other relevant laws and regulations.

17th no enterprise the following acts:

(A) to publish false hyperbole of advertising and information-cheating buyers to hire people in the queue manufacturing supply sales scene mislead consumers, by making false Sales Planner cover, property hoarding, hoarding behavior.

(B) corporate retained ownership of houses in houses prior to initial registration foreign sales, after returning to the marketing, sale and pre-sale Charter way, engaged in Sham transactions acts.

(C) without the approval of the prices and fees charged outside the House.

    (D) conceals any relevant information, provided false information, or using deception, bribery or other improper means to obtain pre-sale permit Act. 18th enterprise to conduct pre-sale proceeds must be used for the project shall not be diverted to any other use.

City, County (City) competent administrative department is responsible for the sale of real estate funds regulation. Development business before applying for commercial licenses, you should select open new pre-sale regulatory capital accounts in commercial banks, and with city, County (City) advance funds regulators, Bank tripartite, Qiqihar city, the signing of the new regulatory capital of real estate sale agreement, specific rights, obligations and liabilities of the parties.

Three copies of the agreement, the three parties hold one.

Enterprises have multiple sale items, special accounts for pre-sale regulatory capital should be established, separately for the project and signed a regulatory agreement, advance funding the depositary bank regulators. Developer shall not direct deposit rates.

Buyers should be agreed upon in the contract of sale of commercial time, with new funds the payment notice of real estate sale, the advance sale of commercial housing price directly into the new regulatory capital accounts. Bank verification of payment information, advance funds charge on the payment notice and issue a payment voucher to purchase. 

Buyers with proof of payment issued by a Bank, contributions to the enterprise renewal bills. Developer shall, before using the new pre-paid funds, to the city and County (City) advance funds provided regulators with plans and planning applications. Advance financial regulators should be processed within 2 business days from the date of acceptance.

Meet the conditions, agreed to allocate issued by notice by the Bank according to the agreed disbursement notice given for the funding procedures; do not meet the conditions, it shall notify the development enterprise.

Enterprise development and construction required application fee must be used to purchase building materials, equipment and project in terms of progress payment, statutory taxes and other related costs to ensure that advance funds for construction.

    Advance sale of the depositary bank shall actively cooperate with financial regulators to carry out advance supervision, regulators approved the payment of funds by the pre-sale presale people for pre-sale allocation procedures and timely submission of regulatory capital regulatory requirements in advance account advance storage allocation details. Article 19th pre-sale regulatory response to the sale of funds of funds have a whole full control. Was named national and provincial credit enterprise level credit enterprise, or top ten enterprises, may be appropriate to reduce the sale of money store regulation size; other cities to align China top 50 development enterprise, municipal or County (City) recognized by the Administrative Department of real estate, it may be appropriate to reduce the sale of money store regulation size.
But regulatory capital account balance must be sufficient to ensure that the construction project was completed and delivered (including matching funds for construction of project environment) requirements.

    Article 20th sale contract demonstration text should be used (GF-2000-0171), the implementation of contract of sale of commercial online filing system.

Commodity contracts dealing with housing quality, clubs, parking lots and other facilities of the property ownership, heating mode, a specific agreed delivery conditions and breach of contract, such as, and the residential quality guarantee and the House as an appendix of the operating instructions. Pre-sale strict purchase real-name system, after the subscription shall alter the buyers name. Buyers after a predefined number of commercial housing, has not signed a contract for a specified time, booking should be lifted, lifted houses sale.

    Has signed a contract of sale of commercial housing and on-line filing, by mutual consensus need to terminate the contract, the Parties shall submit the application and state the reasons, retreat houses sale.

    Article 21st pre-sale development enterprise in violation of the law, regulations, according to the Ministry of construction, the measures for the management of urban real estate sale and the regulations on urban real estate development and management in Heilongjiang province and relevant regulations of the State, province, will be punished.

    Not complying with the provisions of article 22nd real estate administrative departments staff procedures and conditions for review, approval, or dereliction of duty, abuse of power, favoritism, law and discipline the offender constitutes a crime, criminal responsibility shall be investigated according to law. 23rd article this way since March 21, 2012.