Procedures Of Shanghai Municipality For Administration Of Common Property Rights Protection Housing

Original Language Title: 上海市共有产权保障住房管理办法

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  (Released March 16, 2016, the Shanghai Municipal People's Government, the 39th) Chapter I General provisions article I (objectives), common property, in order to regulate the management of affordable housing, improve the housing difficulties of low-income families in urban living conditions, these measures are formulated.

Article II (scope) these measures shall apply to the common property within the administrative area of the city housing construction, supply, use, withdrawal, and supervision and management.

Co-ownership housing mentioned in these measures refers to compliance with relevant provisions of the national housing and preferential policies provided by the Government, in accordance with the relevant standard, limited set area and price, restrict the right to use and dispose of, the implementation of Government and the purchaser co-ownership of property rights, face, meet the required conditions, the supply of the housing difficulties of urban low-income families affordable housing.

Article III (management responsibility), housing, municipal people's Government the establishment of the deliberation and coordination agencies, responsible for co-ownership housing policy, planning and decision-making on important matters such as planning and coordination.

Municipal housing administrations is the work of co-ownership housing Administrative Department. Area (s) shall be responsible for the Organization and implementation of the common property within the administrative area of affordable housing construction, supply, use, withdrawal, and supervision and management work.

The district (County) housing administrations are common property within their respective administrative areas affordable housing administration departments.

The township (town) people's Government and the neighborhood offices responsible for the administration of common property of affordable housing applications, eligibility and related supervision and control.

The city's development and reform, land planning, finance, civil affairs, public security, taxation, finance, State assets, audit, statistical and economic information and monitor administrative department in accordance with Division of duties, is responsible for shared ownership housing management related work.

Fourth (housing enforcement agencies), housing administration, district (County) housing security administrative departments, Township (town) people and streets clear corresponding institutions (hereinafter "implementing agency of housing security"), assume co-ownership housing work, be guaranteed by financial resource requirements. Fifth chapter construction management (planning and scheduling), housing Administrative Department shall, in conjunction with the municipal development and reform, land planning, financial administration and the district (County) Government, under the co-ownership housing demand, urban and rural planning and land-use and other factors, common property rights, preparation of the city housing development plan and into municipal housing development planning.

After city housing development plan approved by the municipal people's Government, to the public.

Area (s) people's Governments shall, according to the city housing development plan, organization of the district (County) annual implementation plan of the co-ownership housing, municipal housing administrations, together with the municipal development and reform, land planning, financial and other administrative departments and balanced, and submitted to the municipal people's Government for approval after implementation. The sixth section (land) of common property, land use, affordable housing construction into the annual programme management.

Municipal, district (County), planning and land administration departments shall arrange annual targets, separate lists of common property land for affordable housing construction targets and priority supplies.

Seventh (project site) site through co-ownership housing construction projects should be based on urban and rural planning, overall planning, rational distribution, combined with the conditions and costs of development and construction, transport more convenient and complete living facilities of regional priorities. Eighth (project) co-ownership housing construction projects, by the district (County) housing administrations to the municipal housing administrations reporting project.

Application materials should be clear land, planning parameters, total building area, size and proportion, support conditions, construction projects bidding prices and development matters.

After receiving application materials, municipal housing administrations, shall, together with the municipal development and reform, land planning, finance and other departments for the administration of projects identified.

Nineth (construction) co-ownership housing using a separate site, it focuses on building and construction in the residential construction project development and construction. Separate location, build, by the district (s) designated by the people's Government through legal bidding of construction management, identifying a qualified and good reputation in community development and construction of real estate development enterprise; or by the district (County) Government direct organizational development and construction.

The city's development and reform, environmental protection, land planning, housing and construction Administrative Department shall give priority for common property rights procedures related to affordable housing construction projects. Construction in the residential construction projects, shall, in accordance with the regulations on State-owned land use rights transfer document, clear construction and building requirements, and synchronize with the residential construction and delivery.

After the completion of co-ownership housing construction should be in accordance with the land transfer contract, free transfer to the district (County) housing enforcement agencies. Tenth (project management) developed through co-ownership housing units identified, district (County) shall specify building management bodies and development unit sign a co-ownership agreement for affordable housing construction projects.

Construction project agreement should be considered as the State-owned land use right transfer decided to annex to the book.

11th (quality and safety responsibilities and information disclosure) in co-ownership housing construction, development unit and its Chief shall strictly implement construction project quality and safety regulations, assume legal responsibility for housing quality; investigation, design, construction, supervision, testing and other unit and its main responsible shall bear the appropriate project quality and safety responsibilities.

Common property right construction of affordable housing construction project development, design, construction, supervision and inspection units and construction projects, including planning, construction and other related information should be made public in accordance with the provisions in the project sites and related places.

12th (mainly construction) architectural design through co-ownership housing shall comply with energy, and environmental requirements, considering the residential function and space, household size and composition, and other elements, in a smaller dwelling within meet basic living requirements. Co-ownership housing construction projects should be according to the rules, building public facilities and municipal public facilities. Municipal and public facilities should be synchronized with the co-ownership housing construction and delivery promptly put into use.

Construction project is located in the district (County) Government should coordinate the public and public facilities construction and operation of the facility.

13th (integrated management) the shortage of land for construction of the district (County) Government may apply to the municipal people's Government deployed an integrated and common property for the construction of affordable housing.

Integrated and approved construction of co-ownership housing area (s) people's Government shall, in accordance with the relevant provisions, by way of financial transfer payment in a timely manner and pay the relevant fee.

Project area (s) people's Governments shall make the land supply and housing construction, and so on.

14th article (support policy) separate location, and concentrated construction of total property guarantees housing construction project, enjoy following support policy: (a) construction with to supply take administrative allocated way; (ii) from received construction in the of administrative career sex charges and city based facilities supporting fee, Government sex Fund; (three) according to provides should not be construction civil defence engineering of, from received civil defence engineering construction fee; (four) made of administrative allocated land right, according to national provides can for loan mortgage;

(E) obtained in accordance with regulations of the State Housing Fund loans, preferential policy financing support and lending rates of financial institutions; (vi) enjoy preferential tax policies in accordance with State provisions; (VII) other preferential support policies of the State and this municipality.

15th (price control) separate sites, centralized common property for the construction of affordable housing construction project settlement price to break-even profit principle, considering the construction, finance, and management costs, taxes and profit determined on the basis of, and be agreed in the project agreement.

A separate site, it focuses on building the co-ownership housing sales price based on the settlement price of construction project and covered, considering the city's ability to pay, and similar, adjacent lots in the price balance co-ownership housing project and other factors.

Construct's co-ownership housing sales benchmark, covered, considering the city's ability to pay, and similar, adjacent lots in the price balance co-ownership housing project and other factors.

Co-ownership housing set sales price in accordance with the benchmark and determining the fluctuation range, should be clearly marked, and announced to the public.

16th (equity share) co-ownership housing buyers and Governments should share in the purchase of property right contract, for use in later Management Protocol explicitly.

Buyers property shares, refer to total property sales benchmark for affordable housing project abutting lot, similar quality of commodity housing price ratio reasonable allowance determined Government equity shares, by the district (s) implementation of housing security institutions.

17th (price determination process) municipal co-ordinating common property right protection in the construction of housing sales price and margin share, property rights, implemented by the municipal housing authority, city management, housing prices Administration Department for approval.

Financing County common property right protection in the construction of housing sales price and margin, property shares by the district (s) implementation of housing security agencies to prepare, district (County) of price administration authorities and the Housing Administration Department approval, district (County) Government approved, price management, housing, and to ensure administrative departments for the record.

18th (remaining housing arrangements) of development project construction common property for the construction of affordable housing, housing over 1 year after the initial registration is still not sold, by the district (County) shall specify building management bodies to be acquired.

Third chapter application supply 19th article (application conditions) while meet following conditions of this city town household family or personal, can application purchase total property guarantees housing: (a) has this city town resident account reached provides years, and account in proposed application location reached provides years; (ii) housing area below provides limit; (three) can dominated income and property below provides limit; (four) in proposed application Qian of provides years within, not occurred had for housing transfer and caused housing difficult of behavior;

(V) other conditions stipulated by the municipal people's Government.

The family mentioned in the preceding paragraph by a statutory maintenance, upbringing or care relationship and the common life of members; individuals are those with full capacity for civil conduct and who meet the required standards of a single person.

The specific conditions laid down in the first and second paragraph, determined by the municipal people's Government and to the public.

20th (application procedure) apply for co-ownership of affordable housing, to the domicile of the applicant shall the township (town) people's Governments or neighborhood offices apply fill documents and submitted to the relevant supporting documents and signed the acceptance status verification and publication written verification results file.

No unit or individual is allowed to the applicant proof of false material.

Families apply for co-ownership housing shall elect one member with full civil capacity as the representative of the applicant. 21st (audit log) after acceptance of the application, the township (town) people's Governments, neighborhood offices shall conduct the trial. Among them, the applicant's domicile, identity, marital status by the Administrative Department of public security, civil affairs, such as check housing conditions implemented by the Housing Agency's verification; income and property of the residents ' economic status check to verify. After qualifying in the first instance, should live in the domicile of the applicant and the actual announcement on 7th.

No objection during the announcement, or notwithstanding opposition objections review not established, shall be submitted to the district (County) housing enforcement agencies for review. Eligible for reexamination shall be made to the public on 5th. Public notice period without objection, or notwithstanding opposition objections review not established should be based on the family unit to be entered, and issues the logon certificate.

Login to prove valid for 3 years from date of issue.

Applicants should log on to prove the validity period in accordance with the provisions to take part in elections. 22nd (standard) standard of common property rights to protect the supply of housing by the municipal people's Government according to factors such as family size, composition, and to the public.

The applicant shall not exceed the established standard choice of housing supply.

Institution designated by the Government of the applicant's existing housing stock to buy, you can improve the purchase of common property rights to protect the supply of housing standards. 23rd (waiting list) implementation of housing security agencies should tighten supply through co-ownership housing conditions, by public lottery, lottery and other House orders the applicants logged, and to create and update the waiting list.

Waiting list applicants have the right to query.

Laws, administrative regulations or normative documents of the State Council's co-ownership housing priorities covered, should be priorities.

24th (major change reports) logged on applicants, members of his family, household, housing and other significant changes in the situation in front of the House shall be in accordance with the provisions of the district (County) housing enforcement agencies report.

The district (County) of implementing arrangements selected in front of housing security, notice that the applicants do not meet the eligibility criteria of the login, cancel the qualification of their login.

25th (supply procedures) implementing agencies shall promptly publish a total of housing security of property rights protection housing housing location, size, sales price and other information.

Implementing agencies shall be in accordance with the current supply of housing security housing size and applicants for the sort of determined co-ownership housing placement organization of work through private organizations for candidates.

And select applicants to attend the House of co-ownership housing, House confirmation shall be signed and signed a purchase contract with development project construction, and housing areas (counties) housing enforcement agencies signed a management agreement for later use.

26th article (login proved and round waiting serial number failure) applicants has following case one of of, its made of login proved and round waiting serial number failure, and 3 years shall not again application total property guarantees housing: (a) for itself reasons in login proved validity within not confirmed whether participate in selected room; (ii) confirmed participate in selected room Hou in Dang period houses supply Shi not by provides selected housing; (three) selected housing Hou not signed selected room confirmed book, and purchase contract or for Hou housing using management agreement;

(D) due to their own reasons lead to the signing of the purchase contract or for housing use after the management agreement was lifted.

27th (preferential purchase policies) purchase co-ownership housing, buyers may apply in accordance with the provisions of the Housing Fund, bank capital and other loans, and may, in accordance with the national provisions, enjoy preferential tax policies.

28th (buyers) to families to purchase co-ownership housing, families can be agreed in writing the purchaser, as its share of the property rights of common people, the other applicants for the same living; unable to reach an agreement between the applicant, all applicants for real people. 29th (underground garage property) to separate sites, centralized common property right protection in the construction of underground parking garage property for all buyers of housing ownership.

Make any gains from underground garage, all owned by the purchaser of the whole, mainly used to supplement the special maintenance fund, or according to the owners ' decision of the General Assembly for the work requirements or other needs for property management; related repair, conservation and other responsibilities borne by the whole House.

30th (real estate registration) the purchaser shall, in accordance with relevant regulations of the real estate registration, to the housing area (s) of real estate registration agency to apply for registration.

Co-ownership housing approved to grant registration, real estate registration agency shall, in a notice of registration and recorded on the certificate of real estate owners, property shares, indicating the name of living person and note "co-ownership housing."

31st (interfacing with other housing policies) to enjoy low-rent housing, public rental housing and the purchase of co-ownership housing shall stay 90 days after service of the notice, cease to benefit low-rental housing subsidies, free back low-rent housing, public rental housing.

Enjoy the levy (demolition) housing housing households of guaranteed subsidies shall not apply for co-ownership housing.

Fourth chapter for Hou management 32nd article (using provides) total property guarantees housing of purchase people and with live people should according to housing management about provides and for Hou housing using management agreement of agreed using housing, and in made completely property Qian shall not has following behavior: (a) unauthorized transfer, and gift total property guarantees housing; (ii) unauthorized rental, and lending total property guarantees housing; (three) set except total property guarantees housing purchase loan guarantees yiwai of mortgage right; (four) violation other legal, and regulations, and regulations of case.

33rd article (repo) made real estate warrants not full 5 years, has following case one of of, should make back total property guarantees housing, and by housing location district (County) housing guarantees implementation institutions or district (County) Government specified of institutions be repo: (a) purchase people or with live people purchase commodity housing, no longer meet housing difficult standard of; (ii) purchase people and with live people of account all eviction this city or all abroad settled of; (three) purchase people and with live per capita death of;

(D) other circumstances as stipulated by the municipal people's Government.

Repurchase price for the original sale price and in accordance with the deposit interest rates over the same period. A property of e is not less than 5 years from divorce and analysis on production, unable to repay loans, it proves necessary to exit the co-ownership housing, all real people, living people should be agreed between and to the housing area (s) housing guarantees the implementation body to apply.

After they have been approved, in accordance with the provisions of the first paragraph and the second paragraph be buyback. 34th (market share transfers and purchase of Government property) obtained after 5 years ' property co-ownership housing market transfer or share buyers, people who live with purchase of Government property, but real people, living with people refusing to carry out districts (counties) housing Administrative Department of housing-related management of administrative decisions or the breach is not corrected, except.

Listed after the share transfer or purchase of Government property, housing properties into housing. After acquiring the property for 5 years, buyers, living with people buying commodity houses and houses no longer difficult, shall, before going through the housing transfer registration, listing transfers co-ownership share of affordable housing or buy Government property, complied with the necessary except for the purchase of commercial housing.

Specific exceptions stipulated by the municipal housing administrations. 35th (listed transfers and purchase of Government property shares and price) listed transfer co-ownership housing, all real people, living people should be agreed, and the housing area (s) housing guarantees the implementation body to apply. Area (s) implementation of housing security agencies or the district (County) agency designated by the people's Governments shall have the preemptive right in the same condition; waiver of pre-emptive rights, shall not be transferred to others.

Co-ownership housing being transfer listed, or preemptive, buyers transfer total price in accordance with its share of the property of the corresponding part.

Buy Government property rights share, all real people, living people should purchase intention, buyers and other matters agreed, and the housing area (s) housing guarantees the implementation body to apply.

Government to exercise its right of first refusal and buying people, people who live with purchase of Government property share price-fixing, by the municipal housing administrations, together with related administrative departments, in accordance with the principles of market prices separately.

Article 36th (management and availability of funds) after the co-ownership housing into housing, Government equity shares the proceeds into the financial housing guarantee fund account.

Through repurchase or acquired common property right of first refusal to protect homes, district (County) Government in accordance with the relevant provisions to coordinate the use.

37th (financial guarantees), district (County) of housing security Administrative Department shall, in conjunction with the Ministry of finance to set up special funds, funds required for timely implementation of buy-backs and preemptive.

38th (prohibition to apply again) of buyers and people who live with after the co-ownership housing shall again apply for co-ownership housing.

39th (inherited) House deaths per capita, heir to its share of the total housing property does not meet the conditions for applications for co-ownership housing, housing agencies may in accordance with the law to divide a total of, dispose of common property rights protection housing.

40th (maintenance funds) the purchaser shall, in accordance with the relevant provisions of special maintenance funds for commercial housing in the city, paid residential special maintenance funds.

41st (property service charges apply) co-ownership housing property services fees borne by the purchaser.

Construction of common property with affordable housing property service charges, where the implementation of residential property service charges.

42nd (Government purchase of services and management) the housing area (s) housing administrations co-ownership housing can be used to manage specific Affairs commissioned the Realty service enterprise or any other social organization, and pay the corresponding fees.

Distribution area (s) housing services after the Administrative Department shall coordinate with the management of the work.

43rd (requirements for real estate brokers) real estate agencies and brokerage personnel shall not be illegal agent of co-ownership housing sales, rental and other services.

Fifth chapter supervision management 44th article (supervision check) housing guarantees administration sector and by delegate of housing guarantees implementation institutions can through following way for supervision check: (a) asked and verification matters about of units and personal, requirements its on related situation made description, and provides material; (ii) check property using situation; (three) check out, and records, and copy guarantees object about of information, understand guarantees object personnel identity, and income and property, situation; (four) legal, and regulations provides of other way.

Relevant units and individuals shall coordinate with the supervision and inspection, provide relevant materials as and when required.

45th (information and archive management) municipal housing administrations shall establish a unified common property management information system for affordable housing, for co-ownership housing construction, application, distribution, supply, supply management and other technical services.

Housing enforcement agencies should establish and improve the common right to protect housing applications, supply, use and pulls it to the file.

46th (information management) applicants, home buyers, people who live with and relevant units and individuals in violation of the regulations, the administrative organ shall, in accordance with provisions of national and city, information related to a decision of administrative handling city public information service platform.

47th (supervision) co-ownership housing construction, application, supply and social supervision, for management after work.

Encourage units and individuals in violation of these measures reports, complaints related sectors should be dealt with in a timely manner, and results to the public.

Sixth chapter legal responsibility 48th article (violation Agreement agreed of legal responsibility) purchase people, and with live people violation for Hou housing using management agreement of agreed, has this approach 32nd article provides of unauthorized transfer, and gift, and rental, and lending total property guarantees housing, or set except total property guarantees housing purchase loan guarantees yiwai of mortgage right and other violation agreed of behavior of, housing location district (County) housing guarantees implementation institutions can according to agreement agreed, requirements its corrected, and held its default responsibility. 49th article (applicants fraud of legal responsibility) violation this approach 20th article first paragraph provides, applicants not truthfully filled application instruments, deliberately hide or false identity, and housing, and income and property, status, or forged related proved material application total property guarantees housing of, by distribution supply area (County) housing guarantees administration sector according to following provides be processing, and ban its 5 years within again application this city various supportability housing: (a) has made application qualification of, should canceled its qualification,

Can be fined a maximum of between 50,000 yuan and 10,000 yuan.

(B) purchase co-ownership housing, ordered to make back home, charge a market rent of housing during the occupation, to a fine below 50,000 yuan and 100,000 yuan; after Teng back home, carried out by the housing agency returned to the House.

50th (issued false certificates of legal responsibility) disobey the 20th article stipulates that the unit, individuals applying for co-ownership housing for others to produce false documents, distribution area (s) to housing security Administrative Department shall be ordered to correct, the unit shall be fined a maximum of between 50,000 yuan and 10,000 yuan for individuals below 1000 Yuan and 10,000 yuan fine.

51st (liability for illegal housing) disobey the 32nd paragraph (a), (b), (c) provision of buyers, people who live with illegal housing, housing areas (counties) housing administrations shall be ordered to correct; it fails to mend, fined a maximum of between 100,000 yuan and 10,000 yuan.

Buyers, living with people, have built illegal structures (structures), damage to the load bearing structure, without changing the nature, unauthorized occupation of properties with parts of other violations of housing regulations, in accordance with State and municipal property management and other related regulations.

Buyers, living with people violating these rules article 32nd housing and fails to mend, the housing area (s) housing administrations can be ordered to make back home, and banned again within 5 years to apply for all types of affordable housing in the city.

52nd (illegal agent of liability of real estate brokers) disobey the 43rd article, real estate brokerage agencies and brokerage irregularities sold co-ownership housing, rental business, by the district (County) rectification within the Administrative Department of housing security, real estate brokerage staff of 10,000 yuan fine for real estate brokers, cancel online filing qualifications, the fine of 30,000 yuan.

53rd (application for enforcement) under this regulation, the district (County) housing administrations to make executive decisions, the party refusing to comply, it may apply to a people's Court for compulsory execution.

54th article (administrative responsibility) violation this approach provides, about administration sector, and housing guarantees implementation institutions and staff has following behavior one of, caused bad effect of, by where units or superior competent sector law on directly is responsible for of competent personnel and other directly responsibility personnel give warning, and demerit or remember than disposition; plot serious of, give downgraded or dismissed disposition: (a) not law perform audit duties of; (ii) not law established or update round Hou roster of;

(C) failing to choose room; (iv) failing to perform their management duties. The seventh chapter VIII supplementary provisions 55th article (other channels for financing housing) housing enforcement agencies may purchase meets the requirements of new commodity housing or housing stock, as a co-ownership housing listings.

Common property rights guarantee the acquisition of housing, and tax incentives for the implementation of national provisions. 56th (execution date) these measures shall take effect on May 1, 2016. Posted June 24, 2009 of the Shanghai affordable housing management pilot scheme (via House (2009), 29th) repealed simultaneously.

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