Shenzhen Housing Construction And Real Estate Management Interim Measures

Original Language Title: 深圳市安居型商品房建设和管理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351817.shtml

Shenzhen housing construction and real estate management interim measures

    (April 11, 2011 Shenzhen Municipal People's Government promulgated as of June 1, 2011, order No. 228) Chapter I General provisions

    First to improve housing security system, standardize housing-housing construction and management, according to the Shenzhen City affordable housing Ordinance and related regulations, these measures are formulated.

Second approach applies within the administrative area of the city of Anju housing construction, management and related activities.

    Anju housing mentioned in these measures refers to preferential policies provided by the Government, limited set area, price and transfer of life according to the prescribed standards, mainly market-oriented mode of operation mobilization, building, for the eligible families, single people placing the housing of a security nature.

    Article III housing-housing construction and management to follow Government-led, market operation, the principles of overall planning and step by step.

Fourth of Municipal Housing Department is responsible for the city's housing-housing planning, construction management, access auditing, placing and rights management and other related work.

Municipal development and reform Department responsible for Anju housing project investment plan, is responsible for the municipal housing, urban planning and land sectors develop, adjust the housing sale price of commercial housing scheme.

Municipal Finance Department under the municipal development and reform Department of housing-commercial housing projects investment planning, allocation of housing-housing construction funds.

Urban planning and land departments responsibility for arranging housing supply and the construction of commercial housing, responsible for the housing license of real estate sale, according to City Department of housing requirements, provide relevant applicants registration of housing property.

    Municipal public security, human resources, security, health, housing, population and family planning and other departments responsible for security requirements and responsibilities, provides staff household registration, social security, talent identification, family planning and other relevant circumstances.

    Chapter II planning and planning Fifth article city housing guarantees sector with city development reform, and financial, and planning land, sector, according to economy and social development planning, and land using general planning, and city general planning, and housing construction planning, and recently construction planning and annual implementation plans, and land using plans,, integrated consider this city resources environment hosted capacity, and talent policy, and population policy and planning period within this city housing type housing of General needs status, in city housing guarantees planning in the clear planning period within housing type housing construction number, and

    The amount of land supply and demand.

Sixth of municipal housing authorities and the municipal development and reform, the departments of finance, planning and land, according to the city housing security plan requirements, clear arrangement of the year in the annual plan for the housing construction of housing real estate number, related indicators such as land supply and demand.

    City planning land sector with city housing guarantees sector, in housing construction planning annual implementation plans in the, on city new for housing with to and city update project for and Manpower, total Shang distribution built not below commodity housing total area 30% of housing type housing, oriented talent supply of housing type housing area accounted for housing type housing total area of proportion not below 60%, but national another has provides of except.

    Seventh of municipal planning and land authorities and the Municipal Department of housing security, according to a recent construction planning, land-use planning, housing construction and housing security planning requirements, arranging housing land for housing construction, and included in the recent annual construction plan annual implementation plans, land use plans. Article eighth commercial urban planning and land authorities in the housing plan of location, housing security departments should be fully consulted.

    In the context of principles and relevant provisions of the plan, a modest increase in home-type commercial housing development strength, comprehensive urban transportation planning, public facilities and social facilities.

    Chapter three-building land and development

Nineth Anju housing construction, raising it by:

(A) the enterprise through bidding, auction and listing way made use of land for construction of the building.

(B) direct government investment.

(C) the enterprise uses its own construction land in accordance with construction under the principles of town planning.

(D) with the construction of, inter alia, housing construction, urban renewal project construction in two ways according to a certain proportion.

    (E) construction and through other means to raise. Article tenth housing-housing construction to implement construction and system management tasks.

City housing security departments in land transfer or allotment before the task of construction and management, urban planning and land authorities should build and management tasks as part of a land contract or transfer files.

    Construction and management of tasks shall include the following: design and construction standards, requirements, household size, sales, sales practices, ownership restrictions, construction period, and if sales for existing-home sales should also be clear criteria for decoration.

11th of municipal planning and land sector through bidding, auction and listing transferred housing-housing construction land use right, shall, together with the Municipal Housing Department setting the bidder (bidders) qualification requirements, and Anju housing construction and management of the main content of the mission statement into the bidding, auction and listing conditions.

    The bidder (bidders) submit written bids, bid application, must also be submitted to the construction and management of the undertaking, according to City Department of housing construction and management requirements related to the mission statement organizational development and construction.

12th urban planning and land sector through bidding, auction and listing determined home-oriented commercial housing construction using bid people (the winning bidder), you can take the following auction: (A) "housing prices, land prices." According to the determined place highest sale price of commercial housing, and considered the standard land price premium, market assessment, determine the selling price, selling price shall not be lower than the standard land price and the mean value of both market assessment of premium.

Price the highest bidder to bid one (the winning bidder). (B) "land prices, competitive prices". According to the assessed land price and land in the market and other factors, determine the price of the land, thereby determining the beginning of housing real estate bidding price (bid). Bid lower than the starting price (bid) and the lowest bidder, as people (the winning bidder).

    Price bidding results for home sales of commercial housing prices, the municipal planning and land departments of the municipal development and reform Department, the municipal housing sector.

13th bid one (the winning bidder) should land contracts with the City Department of planning and land.

    Anju housing contract shall include the planning and design of transfer conditions, household size and proportions, sales price (including the building land prices), limitation and liability for breach of property rights, and so on. Article 14th direct investment-construction of housing by the city housing, by the City Department of planning and land under annual land use plan, a number of home-oriented commercial housing construction, housing, land allocated to departments.

Municipal housing departments according to the demand to determine development timing, organization development and construction of housing-housing.

    Encouraging design-build General Contracting, construction contract and using Community funds, such as the transfer of investment-construction-housing development and construction of commercial housing.

15th subject under the principles of town planning, construction unit with its own building housing was used to build housing, must submit an application to the municipal housing departments, the Municipal Housing Department decided after consultation with the City Department of planning and land, housing type, stand part of the housing plan.

    Urban planning and land sector in the contract or in the supplementary contract should be specifically home planning and design criteria, the sales of commercial housing prices (including the building land prices), household size and proportion, property rights, breach of contract and management model.

    16th sold commercial housing construction, urban renewal project in the mix of building housing-housing, urban planning and land departments shall contract for assignment of clear or supplement the contract home planning and design criteria, the sales of commercial housing prices (including the building land prices), household size and proportion, property rights, breach of contract and management model.

17th construction units shall in accordance with the relevant laws and regulations, technical standards and norms in preparation of the project design, preliminary design, and other related documents.

Urban planning and land authorities shall in the construction planning permission link on project design, preliminary design, and other related files the request for views of the City Housing Department.

    In the process of building Unit apply for planning permit of construction engineering, urban planning and land authorities should seek the City Housing Department.

18th construction units shall in accordance with construction and management requirements of organizations such as the mission statement building. After the project is completed, the construction unit shall apply to municipal housing Department for acceptance. According to the Municipal Housing Department construction and management and requirement for the mission statement of acceptance verification.

Does not comply with the requirements, the Municipal Housing Department shall order the rectification.

    Without acceptance or unqualified acceptance of the Municipal Housing Department, not for the project completion record and registration of real estate rights.

Anju housing 19th match construction of urban renewal project of the land according to the project of residential buildings should be calculated on the premium standard of 50%, but not exceeding standard of housing floor space of commercial housing by announcement of standard land price of the land. Direct investment in municipal construction, the construction unit with its own construction land of Anju housing construction, land prices in accordance with the standard land price and the mean value of both market assessment of premium calculation.

    The remaining term of the already paid to value when the price will be credited.

20th article except "set premium, and competing prices" way outside, housing type housing highest sales price by city development reform sector with city housing guarantees sector, and city planning land sector integrated consider development cost, and tax, and reasonable profit and the cases construction with to right market assessment premium, and benchmark premium, factors, by not over its market assessment price 70% of standard developed, reported Municipal Government approved Hou announced implementation.

    Specific price for single homes, can not exceed the maximum sale price on the basis of Anju housing units by considering factors such as floor and, reference to the relevant provisions of the affordable housing in the city, reported to the municipal development and reform Department, City Housing Department.

    The fourth chapter sales and property management
21st home sales can take sale and presale in two ways.

Meet the management requirements of Anju housing, in bidding for pre-sale permit, urban planning and land authorities should seek the views of the City Housing Department. Urban planning and land approval to the sale, Anju pre-sale permit shall timely inform the municipal housing departments in writing. The employer shall, after obtaining a licence, timely declaration to the Municipal Housing Department housing housing housing-related information.

    Municipal Housing Department review, should be included in the affordable housing distribution system.

22nd buying housing housing should be based on the family unit with the application, the applicant's spouse or minor children as joint applicants, and meet the following conditions:

(A) the applicant, joint applicants with residence in this city.

(B) applicants to participate in the medical insurance to pay for more than 5 years, or the applicant in accordance with the measures for determining the Shenzhen talent recognized for talent and participating in medical insurance fees over 3 years in this city.

(C) the applicant, the applicant together in this city did not enjoy preferential purchase policies, this city does not have any form of ownership, are not within the 5 years before the filing date in the city transferred ownership.

(D) the applicant, the joint applicants in accordance with the national family planning policy.

Single resident applicant is over the age of 35, in line with the conditions prescribed in the preceding paragraph, on behalf of the individual applicants for the one-bedroom home real estate.

Of the applicant or joint applicants have been divorced, divorce before their former spouses, minor children in this city has any form of home ownership but all property of their former spouses or minor children after the divorce, and divorce application acceptance date less than 5 years shall purchase housing real estate.

    Municipal governments can be adjusted according to actual situation purchase conditions for the provisions of this article and to the public.

23rd of municipal housing departments shall live-real estate listings by location, quantity, size, application objects and conditions, waiting rules, acceptance period and location, site and Department of City Hall at the Government website in a timely manner.

    Anju housing purchase waiting rules formulated by the Municipal Housing Department separately.

Article 24th purchase housing housing in accordance with the following procedure:

(A) the applicant within the time stated in the holders to submit to the Municipal Housing Department of the Shenzhen housing-housing application form and submit the following application materials:

1. applicant and co-applicant's identity card, proof of residence, social security card, married persons are required to provide a marriage certificate, married or unmarried, adopted children but applicants provide proof of family planning;

2. the applicant, joint applicants in the city do not have any form of ownership, are not addressed in this city enjoy preferential purchase policies statement. (B) Municipal Housing Department in conjunction with the urban planning and land, municipal human resources and social security administration, within 30 working days for applicants, joint applicants enjoy preferential policies for housing in the city, the city's housing situation, payment of health insurance status verification.

Relevant departments of the verification results shall feedback City Housing Department.

(C) the examination, by the Municipal Housing Department in the City Government Web site, Government Web site of the Department of publicity 15th.

(D) public notice expires without objection or objections untenable, according to housing housing purchase waiting rules included in the waiting list waiting, waiting for information should be made public.

(V) waiting in place of the applicant within the prescribed time after selecting housing the Municipal Housing Department, City Housing Department issue a qualified opinion to the applicant and list CC will be the examination of real estate registration office.

(F) applicants with examination of home sale contracts with the construction unit; the contract of sale in the 10th, sent by the employer, housing and social security administration records.

(VII) construction of Anju housing units for processing after the initial registration, assist applicants with housing policy (green paper) certificate.

Overdue of the selected room, did not sign a contract, according to provisions of waiting, waiting list applicants after which they were elected.

    Talent application, shall also submit the diploma, degree certificate and talent identification documents.

25th construction units should be made public timely housing real estate sales. Construction enterprises shall not sell their own home real estate.

    Selling on their own, real estate registration organ shall not apply for the registration of the property.

26th applicant signed with construction units in terms of the contract, must be clear about its design and construction standards, requirements, household size, property right restriction and vesting in standard, engineering, decoration quality, liability for breach of such content and in accordance with the provisions of relevant laws, regulations and policies.

    Employer violation of the contract of sale, shall be liable for breach of contract.

27th home buyers who received housing-housing completely before the property, any of the following circumstances shall be made to the municipal housing authority for the Government to buy the home real estate:

(A) the need to transfer the purchase of housing real estate.

(B) the disposal by the Bank mortgage housing real estate.

(C) the Court for enforcement, the reason to dispose of housing types of housing.

(Iv) household to move out of the city.

(E) other circumstances as stipulated by the municipal government.

Home-real estate purchase agreement the date of signing to the date of application for the acquisition of no more than 10 years (10 years), the purchase price to the original purchase price of the contract over 10 years, at a price calculated as: price = original purchase price *[1-1.4%* (date on which the purchase agreement was signed between the date of application for the acquisition of life-10)].

The acquisition of Anju housing, real estate registration organ shall apply for registration of the property will be changed. Have purchased a one-bedroom home House singles to get married, you can apply for a government takeover of their buying homes real estate and buy a larger apartment homes-real estate.

    Specific measures shall be formulated separately by the City Housing Department.

    28th signing of the sale contract after 10 years, housing commercial property owners in accordance with the relevant policies and regulations, apply for and obtain a full property rights. 29th homes-real estate property rights in full before the Court auction or enforced, and shall pay to the Municipal Housing Department spreads and after obtaining the voucher issued by a municipal housing Department, Anju housing can apply for the registration of property rights.

Do not provide vouchers issued by the Municipal Housing Department, real estate registration agency to suspend registration.

Spread unity provided for in the preceding paragraph to pay the market housing fund account, calculated as required to pay price difference = auction or market commodity housing enforcement the previous year * average price per square meter building area-the original purchase.

    Commodity housing in the market the previous year average price per square metre is subject to municipal planning and land authorities announced.

    The fifth chapter legal liability

Article 30th applicants making false statements on or concealing relevant information or falsifying application from the evidence, such as fraud or deception, bribery or other improper means to defraud the Anju housing as provided herein, Shenzhen City, in accordance with the affordable housing Ordinance and related laws and regulations according to law.

    For forging, altering or using forged or altered state organs, mass organizations, enterprises, institutions or other organizational documents, certificates, documents, municipal housing departments should be transferred to the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security-related provisions; a suspected crime, transferred to the judicial organs according to law.

31st applicants, joint applicant violates relevant laws and regulations and these rules, except in accordance with law, penalties, municipal housing departments should be included in the record of bad behavior, and publicity in the City Housing Department Government website, and publicized a copy of their subordinate units and credit institutions.

    The credit institution shall be the applicant, common violations of the applicant as a record of bad behavior in the credit record.

    Article 32nd construction violates these rules, unauthorized sale of Anju housing, real estate registration real estate registration organs shall not be, City Housing Department be ordered to desist from the illegal act, and without authorization, signed contract of sale housing-housing units in each set fine at 100,000 yuan.

    Article 33rd regulator staff are not required to perform his duties, abuse of power, negligence, malpractice, shall be subject to administrative liability, crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

Owner-occupied housing in 34th article of the rules has been made including estate card or, having already purchased but did not have full ownership of policy housing, capital raising, resettlement room, delivery room, custom built private houses, commercial houses, etc.

Housing policy refers to the housing of a policy nature, including cost, total cost, social profit, total cost-profit commercial housing, affordable housing, housing type, and so on.

    Preferential policies for home buyers in these measures, including the purchase or enjoy housing subsidy policy housing policies, and so on.

    Article 35th of urban renewal projects and enterprises using their own land to build housing-housing operations, in accordance with the relevant provisions of this municipality.

Article 36th home-oriented commercial housing construction standards, structure, design and quality supervision in accordance with the relevant provisions of the construction of affordable housing in the city.

    Anju housing units mainly in accordance with the new two-bedroom flat design, appropriate arrangements a number of one-bedroom and three-bedroom apartment, type maximum gross floor area of not more than 90 square meters, and actively promoting and applying Government standardization and Seriation of affordable housing design results. 37th article of the rules take effect on June 1, 2011.