Provisions On Administration Of Urban Real Estate Development In Hebei Province

Original Language Title: 河北省城市房地产开发经营管理规定

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(May 10, 2004 the 26th Executive meeting of Hebei province by order of May 15, 2004, Hebei Province [2004] 3rd release as of July 1, 2004) Chapter I General provisions article for real estate development and management, strengthen the supervision and management of urban real estate development and business activities, according to the People's Republic of China on urban real estate administration law and the regulations on urban real estate development and management under the State Council and other relevant laws and regulations,
    Combined with the facts of the province, these provisions are formulated.
    Article within the administrative area of the province engaged in real estate development and implementation of real estate development and management, these provisions shall apply.
    The provisions of article III of the said real estate development and management, refers to the real estate development enterprises in State-owned land in the area of urban planning on the construction of infrastructure and housing projects, and the transfer or sale or lease commercial real estate development project.
    Fourth engaged in real estate development and implementation of real estate development and management, should be guided by economic, social and environmental benefits of principle of unity, overall planning, rational distribution, development and supporting construction.
    Article fifth real estate development department shall, jointly with relevant departments, establish and perfect real estate market information systems and real estate development business credit archives system, regularly publish real estate market supply and demand information and real estate development business and credit management.
    Sixth provincial administrative departments in charge of construction supervision and management in real estate development in the province.
    Districts of cities and counties (cities) people within the real estate development sector is responsible for the administrative supervision and management in real estate development.
    Land administrative departments of the people's Governments above the county level, as well as development and reform, planning, industry and commerce administration departments, in accordance with the provisions of the duty is responsible for the management work associated with real estate development and management.
    Seventh relevant departments of the people's Governments above the county level shall, in accordance with national and provincial regulations, qualification of real estate development enterprises, real estate development, project approval and implementation of real estate projects and real estate Enterprise capital system, manual system, the owner of the project payment guarantee system of supervision. Eighth chapter real estate Enterprise establishment of real estate development enterprise, he shall apply to the Administration for industry and commerce registration. Industrial and commercial administrative departments to review the establishment of real estate development enterprise applications for registration, should listen to the views of the real estate Department at the same level.
    Real estate development department shall receive industrial and commercial administrative departments for comment within 5 working days from the date of the letter, issue a written opinion.
    Nineth article established real estate development enterprise, except should meet about legal, and administrative regulations provides of enterprise established conditions outside, also should has following conditions: (a) registered capital in 5 million Yuan above; (ii) has four name above holds qualification certificate of real estate professional, and construction professional of full-time technicians, two name above holds qualification certificate of full-time accounting personnel, a name above holds qualification certificate of full-time statistics personnel.
    Tenth Article real estate development enterprise should since received license of day up 30th within, holding following file to registration organ location of real estate development competent sector record: (a) license copies; (ii) Enterprise articles; (three) inspection funding proved; (four) statutory representative people of identity proved; (five) professional technicians of qualification certificate and hired contract; (six) Enterprise Office with room of housing ownership proved or housing rental contract.
    11th approved for the level of qualification and management of real estate development and construction administrative departments under the State Council in accordance with the regulations.
    Without obtaining the certificate of qualification shall not engage in real estate development and management activities.
    12th article real estate development enterprise should in accordance with following provides bear corresponding of real estate development project, shall not leapfrog contract project: (ii) level qualification of real estate development enterprise bear development project of scale not limit; (ii) two level qualification of real estate development enterprise once bear development project of area not over 250,000 square meters; (three) three level qualification of real estate development enterprise once bear development project of area not over 150,000 square meters;
    (D) the grade qualification and provisional qualification of real estate development enterprise development project covers no more than 100,000 square meters. 13th chapter real estate development construction real estate development department under the town planning, land use planning, and supply and demand in the property market, in conjunction with the relevant departments of the regional real estate development plan, reported to the people's Government at the same level.
    And according to the real estate development plan approval, in conjunction with the administrative departments such as planning, land, real estate development annual plan proposed final boundaries, into local economic and social development plans, in accordance with the provisions of the program implementation.
    14th real estate development enterprise must within 15th since the date of obtaining the land, to the local authorities receive a real estate development project of real estate development manual.
    Real estate development enterprise should by provides will real estate development project construction process in the of following matters truthfully records in real estate development project manual in the, and respectively Yu annual of June end of and December end of Qian sent real estate development competent sector record: (a) project of nature, and scale and development term; (ii) by approved of planning design programme; (three) capital in place and development construction investment completed situation; (four) demolition compensation placed situation; (five) starts date and construction progress situation;
    (Vi) other matters shall be recorded by the regulation. 15th capital raised real estate development enterprises in real estate development projects proportion of total investment, affordable housing projects shall not be less than 20%, other real estate development projects shall not be less than 35%.
    And earmarked for the construction of real estate development project, and accept the supervision and management of the departments concerned.
    Encouraging owners of real estate development enterprise payment security system. 16th real estate development enterprises in real estate development projects in the process shall not be changed without authorization and the nature and scale of the project planning and design.
    Absolutely necessary to change, it shall be reported to the original approval authority. Article 17th groups such as residential real estate development projects after the completion of real estate development enterprise project should be located real estate development department in charge of comprehensive acceptance of applications. Real Estate Department should receive general acceptance from the date of application in the 30th, organizational planning, and comprehensive acceptance of municipal, power and other sectors.
    Residential real estate development projects for groups such as phased development, comprehensive acceptance can be carried out in stages.
    Without a comprehensive acceptance or a combination of the unqualified acceptance of, housing may not be delivered for use, not for initial registration of housing ownership.
    Fourth chapter operating 18th transfer real estate development projects should be consistent with the People's Republic of China on urban real estate Administration Act, 38th, 39th, the provisions of article, the assignee shall have the appropriate qualification of real estate development enterprises, the raising of capital in total surplus of investment, affordable housing projects shall not be less than 20%, other real estate development projects shall not be less than 35%.
    Article 19th real estate development enterprises can sell their own real estate, you can also entrust a qualified intermediary agencies of real estate sales real estate. Commercial housing sales of real estate development enterprise intermediary service institutions, both parties shall enter into a written contract.
    Delegate to a contract shall specify the duration, permissions, and rights and obligations of both parties.
    20th real estate sales prices, you can press (units), and can also be per-area basis or per-area basis. Inner floor space of commercial housing construction area and share of the total construction area of composition.
    Within the construction area of some independently owned, share of the total construction area of some common property.
    (Cell) valuation or pricing of construction area, shall be indicated in the contract of sale of commercial housing construction area and share of total construction area.
    Article 21st housing area, should implement the construction Administrative Department real estate survey published specifications and the relevant departments and other relevant provisions.
    22nd article real estate development enterprise pre-sale housing, should meet following conditions: (a) has delivered all land right transfer gold, and made land right certificate; (ii) holds construction engineering planning license and construction license; (three) by provides of pre-sale housing calculation, input development construction of funds reached engineering construction total investment of 25% above, and has determine construction progress and completed delivered date; (four) has handle pre-sale registration, made housing pre-sale license Ming.
    Has not obtained the license of real estate sale, no presale.
    Article 23rd pre-sale real estate development enterprises, should be produced to the house buyers pre-paid licenses.
    Pre-paid advertisements shall clearly set forth the pre-sale permit approval number.
    Article 24th pre-sale for the amount of real estate development enterprises, must be used in accordance with the regulations for the construction of real estate development projects.
    25th real estate companies real estate for sale, housing should be purchased to produce the following documents: (a) real estate development enterprise's business license, (ii) real estate development enterprise qualification certificate, (iii) land-use right certificate (iv) construction project planning permit and construction permit; (e) filing proof of completion acceptance. Article 26th when selling real estate, real estate development companies must design programs and public service facilities in residential area, with an area of, and commitments in the project location or site publicity, and not on the quality of commercial housing, size, performance and surroundings in false of misleading propaganda.

    27th sold commercial housing with a model room, real estate development enterprises shall state the actual delivery of the commercial housing quality, facilities, decoration and the model is consistent; and not documented, actual delivery of the commodity should be consistent with the model.
    28th when selling real estate, the Parties shall, in accordance with relevant departments under the State Council recommended the sale contract demonstration text entered into a written contract.
    Article 29th when delivering commercial use, real estate development enterprises must provide the purchaser with residential quality guarantee and residential instruction manual. Residential warranty shall set forth the warranty, the warranty period and warranty unit, and so on.
    Real estate during the term of the warranty and warranty quality problems, the real estate development enterprise shall fulfill its warranty obligations and liability for damages caused by.
    Housing manuals should be on residential structures, performance and various parts (parts) a description of the type, performance, standards, and set forth the precautions for use.
    Article 30th in real estate within the warranty period, repairs for commercial real estate development enterprises, which houses the original function is affected, causes losses to the purchaser, shall bear the liability for damages. After 31st housing delivery, purchaser subject structure of substandard, may entrust a qualified construction engineering quality testing units for testing.
    After testing confirmed the main structure of substandard, the purchaser has the right to check out its costs borne by the real estate development enterprise; confirmed by the detection quality of main structure, the testing fee shall be borne by the purchaser. The fifth chapter legal liability real estate development enterprises in violation of the provisions of article 32nd 14th, 26th and 29th article, be warned by real estate development Department of the people's Governments above the county level, a rectification.
    It fails, for illegal gains, illegal proceeds more than 1 time fined not more than three times, but shall not exceed a maximum 30,000 yuan; for there is no illegal income, and fined 1000 Yuan and 10,000 yuan fine.
    33rd article real estate development competent sector and the other about sector of staff violation this provides, has following behavior one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) on real estate development enterprise not by provides issued qualification certificate of; (ii) to not has housing pre-sale conditions of real estate development enterprise issued housing pre-sale license ming of; (three) for not law perform supervision duties caused serious consequences of; (four) other abuse, and engages in, and negligence of behavior.
    Sixth chapter supplementary articles article 34th urban planning of collectively-owned land in the region, after they have been requisitioned to state-owned land, shall not be used for real estate development and management.
    35th on State land outside the urban planning areas engaged in real estate development and management, with reference to these provisions.
                                                                                                                            36th article of the regulations come into force on July 1, 2004.

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