Administrative Measures On Real Estate Development In Lanzhou City

Original Language Title: 兰州市房地产开发经营管理办法

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(April 25, 2003 Lanzhou City Government 9th times Executive Conference considered through April 30, 2003 Lanzhou City Government makes [2003] 3rd, announced) first chapter General first article to specification real estate development business behavior, strengthening real estate development business activities of supervision management, promote and guarantees real estate industry of health development, maintenance real estate right people of lawful rights and interests of, according to State City real estate development business management Ordinance and the about legal, and regulations of provides, combined this city actual,
    These measures are formulated.
    Article within the administrative area of the city is engaged in real estate development and management and implementation of supervision and administration of real estate development and management, should comply with these measures.
    Article in real estate development in these measures refers to real estate development enterprises in this city on State-owned land for infrastructure construction, building construction, real estate development project transfer and development projects during the construction of the pre-sale.
    Fourth of municipal construction Administrative Department is the Department of real estate development, is responsible for the supervision and management of real estate development and business activities.
    Municipal construction Administrative Department is a member of urban construction and development in Lanzhou City Administration (hereinafter referred to as real estate development and management agency) is responsible for the day-to-day management of real estate development and management activities, and direct charge of Chengguan, qilihe, xigu, tranquil four areas within the administrative area of supervision and management in real estate development.
    Yongdeng County, and in yuzhong County, and gaolan County and honggu district construction Administrative Department is responsible for the supervision and administration of real estate development and operation of their respective jurisdictions, and under the operational guidance to the urban real estate development and management.
    Land Administrative Department in accordance with the relevant provisions of the relevant laws, rules and regulations, and is responsible for work related to land management and real estate development.
    Real estate administrative departments in accordance with the relevant provisions of the relevant laws, rules and regulations, and is responsible for the management of real estate sale.
    Planning, planning, business, pricing and other related administrative departments shall, in accordance with their respective responsibilities, and collaborative management in real estate development.
    Article fifth real estate development should be based on urban planning and land-use planning, the annual construction land use plans, overall planning, rational distribution, development and supporting construction.
    Real estate development should adhere to the principle of combining old city reconstruction and new construction, protect and improve the urban ecological environment protection of historical and cultural heritage.
    Chapter II establishment of development business article sixth of real estate development enterprise, shall comply with the relevant laws, regulations, rules and regulations of the enterprise to set up conditions and qualification requirements stipulated by the competent administrative Department of nation-building. Establishment of real estate development enterprise, shall apply to the Administration for industry and commerce registration.
    Industrial and commercial administrative departments in the establishment of the real estate development business when the review of the application for registration, shall hear the views of construction administrative departments at the same level.
    Seventh article real estate development enterprise should since received license of day up 30th within, holding following file to registration organ location of construction administrative competent sector record: (a) license copies; (ii) Enterprise residence proved; (three) Enterprise articles; (four) inspection funding proved; (five) Enterprise statutory representative people of identity proved; (six) professional technicians of qualification certificate and hired contract; (seven) legal, and regulations, and regulations provides of other file.
    Real estate development Division, merger or change of name, legal representative, key management personnel and technicians of shall, after approval of the Administrative Department for industry and Commerce and the change in the 30th, construction administrative departments and the relevant procedures.
    Eighth article of the administrative areas of Shanghai's real estate development enterprises to enter the city, engaged in real estate development activities, should be to the municipal construction administrative departments.
    Enterprises with foreign investment in real estate development, shall comply with the provisions of the first paragraph of this article sixth, foreign-invested enterprises and in accordance with the laws, administrative rules and regulations of the relevant provisions of the relevant procedures.
    Nineth qualifications graded management of real estate development enterprises and an annual inspection system.
    Construction Administrative Department shall, according to the real estate development enterprise's assets, professional and technical personnel, development, results of operations, approved or examining their qualification level.
    Determination of the level of qualification of real estate development and qualification of management, in accordance with the construction Administrative Department of the relevant provisions of the State.
    Tenth real estate development enterprise should be determined according to the certificate of qualification in the real estate development business, shall not go over contract business.
    Real estate development enterprises to contract a real estate development business, shall comply with the following provisions: (a) real estate development project of real estate development enterprise level scale unlimited, (ii) the secondary can assume the construction area of 250,000 square metres of real estate development enterprise development project (iii) levels can assume the building area of 100,000 square metres of real estate development enterprise development projects;
    (D) four real estate companies can only assume the layer in the six-and a gross floor area not exceeding 10,000 square meters of development and construction projects.
    Chapter III 11th real estate development and construction should be in accordance with the "first project, after development and construction" principle.
    Planning construction administrative departments shall, together with the preparation of the annual plan for the real estate development, reported to people's Governments at the same level for approval, but great influence on the city's economic and social, trans and other real estate development project plan, shall be submitted to the municipal people's Government.
    Approved real estate development projects, in accordance with the relevant provisions need to be approved by the Planning Department of the State, and shall be approved by the Planning Department and incorporated into the city's annual fixed asset investment plans.
    12th real estate development shall be in conformity with the relevant provisions of the urban land reserve system, achieved through open bidding and auction.
    Real estate development projects that have been identified should be determined through open bidding to develop the enterprise. 13th article land right transfer Qian, planning administration sector and construction administrative competent sector should on following matters prepared real estate development project construction conditions submissions, as land right transfer of according to one of: (a) real estate development project of nature, and scale and development term; (ii) city planning design conditions; (three) based facilities and public facilities of construction requirements; (four) city planning road generation levy, and generation split requirements; (five) based facilities built Hou of property defined; (six) project demolition compensation, and
    Placement requirements; (g) other matters requiring clear.
    14th land administrative departments shall provide the winning bidder notice of issuance of real estate development project of real estate development enterprises won the bid and planning administrative departments shall, in accordance with the relevant provisions of the State to a successful real estate development enterprises issued by the planning permit for construction.
    15th after the development project of real estate development enterprises received winning notification should land contract with the land administrative departments, and the prescribed time limit to settle all the land of gold.
    Land administrative departments of the prescribed time limit to settle all of the land use right transfer of real estate development enterprise and comply with other conditions, should be issued by the State-owned land use right certificates; Planning Administration for project planning and design program has been audited and meets the other requirements, should be issued by the planning permit of construction engineering.
    16th real estate development enterprises in obtaining building land use planning permits, construction project planning permit and State-owned land use right certificate copy, shall apply in accordance with national conditions for real estate development project construction permits before they can start building without construction permits for a real estate development project, and not under construction.
    17th construction real estate development enterprises shall comply with the provisions of the conditions of real estate development project submissions. Article 18th real estate development projects are completed, they should be acceptance; groups such as residential real estate development projects are completed, they should conduct a comprehensive inspection.
    Upon acceptance, shall not be delivered without acceptance or acceptance is not qualified may not be delivered. Real estate development project of completed acceptance and integrated acceptance, by real estate development enterprise to construction administrative competent sector proposed acceptance application; construction administrative competent sector should since received acceptance application of day up 30th within, in accordance with about legal, and regulations and regulations of provides, organization engineering quality supervision, and planning, and fire, and civil defense, and housing, about sector or units, on involved public security of content and city planning design conditions of implementation, and city supporting facilities of construction, and single engineering of engineering quality and demolition compensation placed, and
    Integrated property management acceptance.
    Supervision and administration of the fourth chapter article 19th of real estate development project bidding and tendering contract signed according to law development projects in writing by both parties, clearly their respective rights, obligations and responsibilities.
    20th real estate development enterprise should be in and real estate development projects within 5th days of signing the contract, to receive the real estate development, real estate development and management project manual.
    Real estate development enterprise should will real estate development project nature, and accounted for to area, and construction engineering planning license, and starts license,, and housing pre-sale license,, and city planning road of generation levy generation split completed situation, and demolition compensation placed situation, and project construction progress, real estate development project construction process in the of main matters records in real estate development project manual in the, and regularly sent real estate development management institutions record, accept real estate development management institutions check.
    Construction Administrative Department of the manual on real estate development projects should be recorded as the contents of the qualification and annual basis.
    Development project of real estate development enterprises shall, in accordance with article 21st establishment of project capital and capital shall not be less than 20% per cent of total investment. Capital projects construction shall be deposited into a bank account, and construction administrative departments under the supervision of funds for the construction of real estate development projects.

    22nd real estate development enterprises should be strictly in accordance with the Administrative Department of planning of the validation plan for project development and construction, supporting infrastructure and manpower arrangement, take on delineation of planned roads, levied in lieu of demolition tasks.
    Urban planning roads, levied in lieu of demolition, the unified management of the relocation of the Administrative Department shall be subject to removal, and accept the supervision and management of construction Administrative Department.
    23rd real estate development enterprise should be in accordance with the assignment of land contract land uses, the timing deadlines for project development and construction. Land contract work develops over 1-year period did not start to develop, the land administrative departments shall be levied on the 20% of land transfer fees unused land; 2 years did not start development, land administration departments should be free to recover land.
    However, due to force majeure or the Government, the relevant government departments or commencement commencement except for the delay caused by developing the necessary preparatory work. Fifth chapter development project transfer and housing pre-sale 24th article real estate development enterprise transfer development project, should meet following conditions: (a) is in accordance with this approach provides bid of development project, and has make clear all land right transfer gold, and made land right certificate; (ii) input development construction of funds (not including land right transfer gold) has reached engineering construction total investment of 25% above; (three) has made construction with to planning license, and
    Planning permit of construction engineering and real estate development project construction permit; (d) the other conditions stipulated by laws, rules and regulations.
    25th article real estate development project has following case one of of, shall not transfer: (a) ownership has dispute of; (ii) ground buildings and other attached real ownership unknown, or is total real but without other total people written agreed of; (three) by bear of city planning road generation levy, and generation split task yet completed of; (four) not by provides of progress requirements completed City based facilities and public facilities construction task of; (five) legal, and regulations, and regulations ban transfer of other case.
    Article 26th real estate development projects, the assignor and the assignee shall go through the land alteration registration, and land-use rights from the date of the completion of registration formalities in the 30th, a real estate development project contract construction administrative departments for the record.
    27th when transferring ownership of real estate development project of real estate development enterprises, develop project contracts and compensation settlement agreement sets out rights, obligations with the transfer to the transferee; relocation compensation and rehousing matters of the project, the assignor shall be notified in writing of the project to be demolished. 28th article real estate development enterprise pre-sale housing, should to real estate administration sector proposed written application, and submitted following file: (a) license and qualification certificate; (ii) land right certificate; (three) construction engineering planning license and development project construction engineering construction license; (four) by provides of pre-sale housing calculation, by construction administrative competent sector nuclear inspection of input development construction funds reached engineering total investment 25% above of proved file; (five) by registration record of
    Manual on real estate development projects, and (vi) construction contracts; (g) the programme of real estate sale and presale floor plan; (VIII) other documents required by laws, rules and regulations.
    Article 29th real estate administrative departments shall from the date of receipt of applications for pre-sale within 10th responses agree or disagree; agree should be issued pre-sale permit, does not agree, it shall state the reason in writing.
    Article 30th release pre-paid advertising real estate development enterprises, shall set forth the pre-sale permit number.
    When pre-sale real estate development enterprises, shall be filed with the pre-sale buying produce pre-sale permit.
    31st pre-sale real estate development enterprises should sign a written contract with the pre-sale buying people, specify the rights, obligations and responsibilities of both parties.
    Made for the pre-sale publicity real estate development enterprise advertising, its contents should be considered as the pre-sale buying commitment terms, writes the pre-sale buying contracts.
    Real estate enterprises should signed sales contract within 30th of, real estate sale contract administration and land administration sectors of the real estate register.
    Article 32nd pre-sale proceeds of real estate development enterprises, shall be deposited into bank accounts, real estate administrative departments and construction administrative departments under the supervision of special funds for the construction of the project, payment and before satisfaction of the entire capital cost of the project may not be diverted to any other use.
    33rd the pre-sale buying people pre-order housing not yet completed can be transferred, but the transfer contract shall be signed by the parties and other relevant agreements, clear the assignor, the assignee and sale rights and obligations between and among people.
    Article 34th presale purchasers shall be delivered within 90 days from the date of commercial housing, registration procedures for land use change and house ownership.
    Real estate enterprises should assist the pre-sale buying themselves for land use change and ownership registration, and to provide the necessary supporting documents.
    Real estate enterprises should in the pre-sale was delivered when using residential quality guarantee provided to the pre-sale buying people and housing instructions.
    35th after transfer of real estate development project contract, construction administrative departments shall record from the date of filing within the 10th informed real estate administrative departments.
    After the licensing of real estate sale, real estate administrative departments shall be issued from the date of issuance of construction administrative departments inform within a 10th. Sixth chapter legal responsibility 36th article violation this approach provides of following behavior, by construction administrative competent sector according to management permission, in accordance with State City real estate development business management Ordinance (State No. 248, makes) and national construction real estate development enterprise qualification management provides (construction 77th, makes) of related provides be punishment: (a) not made qualification grade certificate engaged in real estate development business of, ordered its deadline corrected, sentenced 50,000 yuan above 100,000 yuan following of fine
    ; Late not corrected of, drew attention to the original registration sent card of business administration sector revoked its license; (ii) beyond qualification grade engaged in real estate development business of, ordered its deadline corrected, sentenced 50,000 yuan above 100,000 yuan following of fine; late not corrected of, by provides program revoked its qualification certificate, and drew attention to the original registration sent card of business administration sector revoked its license; (three) no due reason not participate in qualification annual of, considered annual not qualified, by provides program cancellation its qualification certificate; (Four) hide real situation, and fraud cheat qualification certificate or altered, and rental, and lending, and transfer, and sold qualification certificate of, by provides program announcement its qualification certificate void, recovered certificate, and sentenced 10,000 yuan above 30,000 yuan following of fine; (five) not by provides handle change procedures of, ordered its deadline corrected, and sentenced 5000 Yuan above 10,000 yuan following of fine; (six) development construction of project engineering quality poor, occurred major engineering quality accident of, by provides program reduced its qualification grade ; Plot serious of, by provides program revoked its qualification certificate, and drew attention to the original registration sent card of business administration sector revoked its license; (seven) will without acceptance of housing delivered using of, ordered its deadline replacement acceptance procedures; late not replacement acceptance procedures of, organization about sector and units for acceptance, and sentenced 100,000 yuan above 300,000 yuan following of fine; (eight) will acceptance not qualified of housing delivered using of, ordered its deadline repair, and sentenced delivered using of housing total cost 2% following of fine
    In serious cases, drew the original registration certificate of the Administrative Department for industry and commerce shall revoke its business license loss caused to the purchaser, shall bear the liability for causing a major accident or other serious consequences, constitute a crime, the attention of the judicial organs shall investigate the criminal liability. 37th article violation this approach provides of following behavior, by about administration sector according to management permission, respectively in accordance with State City real estate development business management Ordinance of related provides be punishment: (a) not made license unauthorized engaged in real estate development business of, by business administration sector ordered its stop illegal business activities, confiscated illegal proceeds, and sentenced illegal proceeds 5 times times following of fine; (ii) unauthorized transfer real estate development project of, by land administration sector ordered its stop violations
    And illegal income shall be confiscated, fined and illegal gains 5 times, (iii) unauthorized pre-sale, real estate administrative departments be ordered to desist from the illegal act, confiscate the illegal income, and fined and 1% following receipt of the advance payment.
    38th article violation this approach provides, has following behavior one of of, by construction administrative competent sector ordered its deadline corrected, sentenced warning; late not corrected of, sentenced 10,000 yuan above 30,000 yuan following of fine: (a) real estate development project bid enterprise not by provides received, and fill in real estate development project manual or not by provides term record of; (ii) real estate development enterprise not by provides to pre-sale housing purchase people provides quality guarantee and residential using manual of;
    (C) the project of real estate development enterprises is not in accordance with the regulations established or use the project capital; (iv) completed real estate development companies are not complying with the provisions of the town planning road tax, split tasks or not integrated infrastructure and the construction of public facilities. 39th Parties apply for matters related to real estate development and management, and administrative departments shall not handle also failed to reply within the period specified, and punished the party for the construction administrative departments and other relevant administrative departments administrative penalties in accordance with these measures is dissatisfied, he can apply for administrative reconsideration or bring an administrative suit.

    40th construction Administrative Department staff and other relevant administrative departments, working in real estate development and management of dereliction of duty, abuse of authority or engages in, and by their work units or higher authority, impose administrative sanctions; if the case is serious enough to constitute a crime, the attention of the judicial organs shall investigate the criminal liability.
    Seventh chapter supplementary articles article 41st this way prior to the release of relevant provisions issued by the municipal government and the municipal government departments where inconsistent with this approach, is subject to this approach. 42nd article of the rules take effect on July 1, 2003.
                                                                                Blue of March 7, 1988 municipal government issued [1988]27, article published in Lanzhou City urban construction comprehensive development management interim measures be repealed simultaneously.