Hunan Provincial Urban Real Estate Development And Management Approaches

Original Language Title: 湖南省城市房地产开发经营管理办法

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(On February 7, 2006 Hunan Province Government 77th times Executive Conference considered through on April 12, 2006 Hunan Province Government makes No. 207, announced since on June 1, 2006 up purposes) first chapter General first article to specification real estate development business behavior, strengthening on City real estate development business activities of supervision management, according to People's Republic of China City real estate management method, and City real estate development business management Ordinance, legal, and regulations, combined this province actual, developed this approach.
    Article on State-owned land within the administrative area of the province engaged in real estate development and management, supervision and management of activities, these measures shall apply.
    Real estate development and management in these measures refers to real estate development enterprise based on State-owned lands in the urban planning facilities, housing construction, and the transfer of real estate development projects or sale, rental housing Act.
    Real estate development and management shall, in accordance with article III economic, social and environmental benefits of principle of unity, overall planning, rational distribution, resource conservation and development, supporting construction.
    Fourth competent real estate development enterprises of the people's Governments above the county level qualifications and real estate construction and Development Department (hereinafter referred to as departments of real estate development), responsible for the supervision and management of real estate development and management within their respective administrative areas.
    Development and reform, the people's Governments above the county level for planning, land and resources, price, industrial and commercial administration sector, in accordance with the supervision and administration of statutory responsibilities related to real estate development and management.
    Fifth real estate departments should support the legitimate business of real estate development enterprises, safeguard their legitimate rights and interests, strengthening the standardized management of the real estate market, establish and perfect real estate market information systems, regularly publish real estate market supply and demand information and real estate development enterprise's credit management and guide the healthy and orderly development of the real estate.
    Sixth chapter real estate enterprise engaged in real estate development and management activities must be legally obtained the real estate development enterprise qualification certificate or the provisional certificate of qualification. Real estate development enterprise qualification certificates are valid for 3 years. The provisional certificate of qualification is valid for 1 year.
    Real estate development enterprises management situations require extending the validity period of the provisional certificate of qualification, the original issuing authorities may grant an extension, but the extension period shall not exceed 2 years.
    Qualification certificate and the provisional certificate of qualification may not rent, lend, transfer. Seventh article established real estate development enterprise should respectively made one or two, and category IV qualification or provisional qualification, its qualification conditions is: (a) made a, and III qualification, registered capital respectively shall not less than 50 million Yuan, and 20 million Yuan, and 8 million Yuan; has building, and structure, and financial, and real estate and the about economic class titles or practice industry qualification of personnel respectively shall not less than 40 people, and 20 people, and 10 people, which, has intermediate above titles of full-time personnel respectively shall not less than 20 people, and 10 people, and
    5, holds a qualification certificate of full-time accounting officers shall not be less than 4 people, 3 people, 2 people.
    (B) achieving four qualifications and preliminary qualification, registered capital shall not be less than RMB 4 million; its full-time head of engineering should have buildings, structures, professional intermediate professional title or qualification, professional accountants should have an assistant accountant certificate.
    (C) other conditions of construction administrative departments under the State Council.
    The eighth qualified authorized permission of real estate development enterprises: (a) the level of intelligence, by the competent provincial real estate departments for examination and then construction administrative departments under the State Council for final approval.
    (B) second, the category IV and provisional certificate of qualification, approved by the provincial real estate departments, in which the category IV and provisional certificate of qualification, may appoint a city divided into districts, autonomous prefectures real estate development approved by the authorities, submitted to the provincial people's Government departments of real estate development.
    Nineth establishment of real estate development enterprise, it shall apply to the Administration for industry and commerce registration.
    Administration for industry and Commerce established in review of real estate development enterprise application for registration, it shall listen to the views of the real estate Department at the same level.
    Tenth Article real estate development enterprise since received license of day up 30th within, according to qualification approved permission, holding following information to real estate development competent sector application issued provisional qualification certificate: (a) license; (ii) Enterprise articles; (three) inspection funding proved; (four) Enterprise statutory representative people of identity proved; (five) professional technicians of qualification certificate and labor contract; (six) legal, and regulations provides of other information. The 11th real estate development who will have real estate development qualification approved by authorities, since the date of receiving the application for qualification of real estate development enterprises in the 20th, making review decisions.
    Qualifying and issuance of the provisional certificate of qualification; does not meet the criteria, and not be issued, and shall inform the reason.
    12th article real estate development enterprise should in provisional qualification certificate or qualification grade certificate effective expires Qian 30th within, according to real estate development enterprise of qualification approved permission, to real estate development competent sector application approved enterprise of qualification grade, and provides following material: (a) requirements approved qualification grade of applications; (ii) enterprise of qualification certificate and statutory representative people and the technology, and financial head of titles proved; (three) meet this approach seventh article provides conditions of related proved material;
    (D) implementation manual and residential real estate development project quality guarantee, residential instruction manual (v) development and management of real estate project for documentary and liabilities statement.
    13th real estate development enterprises Division, merger or change of business name, business location, legal representative, registered capital, shall, within the industrial and commercial registration after 30th, the information provided for in article tenth, to the qualification approval organization apply for cancellation, change of qualification procedures; qualification approval organization should be completed in the 5th.
    Real estate bankruptcy, business, business license cancellation procedures should be carried out in the 15th after, written application and certificate to the original qualification certificate cancellation procedures with approval authority.
    Chapter III article 14th real estate development project of real estate development, should comply with the overall urban planning, land-use planning, the annual construction land use planning and real estate development the annual program requirements, upholding the principle of combination of redevelopment and new construction, focused on improving human and ecological environment.
    Annual plans for real estate development, real estate development Department of the people's Governments above the county level shall, in conjunction with development and reform, the Ministry of land and resources, planning management departments.
    15th land for real estate development, in addition to state regulations can transfer by way of, shall, in accordance with statutory procedures made through open bidding to sell.
    County above government land resources administrative competent sector approval real estate development with to Shi, on following matters, should respectively written heard sibling city planning, and real estate development competent sector of views: (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) based facilities built Hou of property defined; (five) project demolition compensation, and placed programme; (six) real estate development enterprise of qualification and integrity situation. 16th real estate enterprises should strictly implement the national energy-saving, and the relevant provisions, construction and land-saving housing, the implementation of comprehensive development and construction.
    Strict control in sporadic land, dispersed urban planning area within the building. The 17th article in accordance with the relevant provisions of the State, encouraging real estate companies through competitive bidding tender, the development and operation of affordable housing, which can be achieved through the allocation of land, and to enjoy the preferential policies of the State.
    Affordable housing development and construction of land shall not change its land uses, disguised real estate development and management.
    18th article real estate development enterprise bear real estate development project, should meet following provides: (a) four level qualification or provisional qualification enterprise, bear development project of area shall not over 50,000 square meters; (ii) three level qualification enterprise, bear development project of area shall not over 150,000 square meters; (three) II level qualification enterprise, bear development project of area shall not over 250,000 square meters; (four) level qualification enterprise, bear development project of area not by limit. 19th capital real estate development projects. Real estate development enterprises shall, in accordance with the State standards, capital projects to the bank account storage. Implementation of the phased development projects, in accordance with the investment accounts stored in phases.
    Development project of real estate development companies in handling real estate construction permit shall be submitted to the special account for the capital projects stored credentials.
    20th real estate companies real estate development and construction projects shall conform to the construction quality and safety standards, survey, design and construction specifications. 21st real estate development projects are completed, construction units concerned should apply to the real estate development enterprise acceptance; real estate development enterprise shall, from the date of receipt of the application in the 20th, organizing survey, design, construction, project management and other units for final acceptance. Contents related to public security, real estate development enterprises town planning, fire, defence, environmental and other relevant departments to apply for special inspection related departments shall, from the date of receipt of the application within the 20th special acceptance.
    After acceptance, the real estate development projects, deliverables without acceptance or acceptance is not qualified may not be delivered. After acceptance, the real estate development projects, the construction unit shall submit to the real estate development enterprise quality assurance. Quality assurance should be clear in warranty, the warranty period and warranty liability, and so on.
    Real estate development enterprise shall, from the date of acceptance in the 15th, completion report and city planning, fire, civil air defense, issued by the Environmental Protection Department approval documents submitted to the real estate departments.
    22nd real estate development enterprises in the real estate business activities should follow the principle of honesty and trustworthiness, and real estate development projects during the construction of major events recorded in the real estate development project manual, quarterly, sent real estate departments. Chapter fourth estate article 23rd transfers of real estate development projects, shall comply with the conditions laid down in laws and regulations. The assignee shall have the appropriate qualifications.
    The assignor and the assignee of the project land alteration registration procedures completed within 30th of, transfer of real estate development project contract to a local real estate development departments.
    24th pre-sale real estate development enterprises, shall comply with the following conditions: (a) obtaining the land certificate, construction project planning permit and construction permit, (ii) design of high-rise building construction progress achieved progress over one-third, progress of other building works progress design image one-second; (c) determined the construction progress and completion date of the project.
    25th article real estate development enterprise to set district of city, and autonomous or County real estate development competent sector application housing pre-sale license Ming Shi, should submitted following information: (a) land right certificate, and construction engineering planning license, and construction construction license copies; (ii) license and qualification certificate copies; (three) engineering construction contract copies; (four) pre-sale housing layered plane figure; (five) meet this approach 24th article subsection (ii), and (three) items provides of proved material;
    (F) the pre-sale program. Article 26th real estate development department shall from the date of accepting applications for pre-sale in the 10th, making review decisions.
    Meet the conditions for sale, license, issuance of pre-paid license; advance conditions are not met, no permission, and shall inform the reason.
    Without access to pre-sale permit prescribed under construction real estate, real estate development enterprises shall not charge any fee to book people. 27th real estate development enterprises, intermediary agencies, advertising agencies, media production and publishing real estate sale ads must carry out pre-sale permit number as may be prescribed.
    Pre-sale advertising, promotional materials, commercial project model should be true, not false advertising.
    28th real estate development companies sales of commercial housing, national unity should be used to develop sale contract demonstration text, consult with the buyer sign a written contract. 29th transfers and commercial housing sales price of real estate development projects, agreed upon by the parties.
    Among them, sales of affordable housing prices and rental prices and Government guidance prices or price, and to the public.
    30th real estate Enterprise deliver the goods to buyer homes, residential quality guarantee should be provided in accordance with State regulations and housing instructions, and in accordance with the contract of sale of residential and commercial housing quality guarantee agreement, assume warranty and liability.
    31st article real estate development project should since delivered buy by people using of day up respectively has following minimum warranty term: (a) based facilities engineering, and housing building of Foundation based engineering and subject structure engineering, minimum warranty term for design file provides of the engineering of reasonable using years; (ii) roofing waterproof engineering, and has waterproof requirements of bathroom, and housing and outside wall surface of anti-leakage, minimum warranty term for 5 years; (three) heating and for cold system, minimum warranty term for 2 a heating period, and for cold period;
    (D) the electrical lines, water supply and drainage piping, equipment installation and renovation works, a minimum warranty period of 2 years.
    Warranty period to other projects, by real estate developers and the buyer agreed in the contract.
    32nd real estate development projects in warranty and quality problems within the warranty period, the real estate development enterprise should fulfil its warranty obligations and liability for damages caused by.
    Article 33rd real estate departments should establish and perfect the supervision mechanism in real estate development, to report to the public the manner in which complaints, safeguard the legitimate rights and interests of buyer.
    Fifth chapter legal responsibility 34th in violation of the sixth paragraph, without a certificate of qualification or beyond the qualification engaged in real estate development and management, in accordance with national regulations, the real estate development Department of the people's Governments above the county level shall order correction within, and a fine of 50,000 yuan and 100,000 yuan fines; it fails, by the Administrative Department for industry and commerce shall revoke business licenses. 35th article violation this approach provides has following behavior one of of, by real estate development competent sector ordered corrected, give warning, has illicitly acquired of confiscated illicitly acquired, can and at 10,000 yuan above 30,000 yuan following of fine: (a) violation sixth article third paragraph provides, rental, and lending, and transfer qualification grade certificate or provisional qualification certificate of; (ii) violation 13th article provides, not by provides to original qualification certificate issued organ handle qualification certificate change procedures of; (three) violation 19th article provides,
    Not according to provisions of real estate development project capital account stored procedures.
    36th article real estate development enterprise violation this approach 30th article, and 32nd article provides, to buy by people delivered housing Shi not provides residential quality guarantee and residential using manual, or not by provides perform warranty obligations of, real estate development competent sector should ordered its deadline corrected; late not corrected of, will its bad behavior in enterprise credit archives in the records and to social publicity, can sentenced 5000 Yuan above 20000 Yuan following of fine.
    37th real estate development enterprises in violation of the provisions of the Act, shall be punished by laws and regulations, from its provisions.
    Article 38th real estate development and other relevant staff, negligence in the supervision and administration of real estate development and management, deception, abuse of, and shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 39th on State land outside the urban planning areas engaged in real estate development and real estate development and management supervision and management, in accordance with the measures implemented.
                        40th these measures shall come into force on June 1, 2006.

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