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Changsha City Real Estate Transaction Management

Original Language Title: 长沙市城市房地产交易管理办法

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(Adopted at the 25th ordinary meeting of the Government of the Nahr el-Sheikh, 24 December 2003, No. 89 of 19 January 2004 by the Presidential Government Order No. 89 of 1 March 2004)

Chapter I General
Article 1 establishes this approach in the light of the provisions of the People's Republic of China's Urban Property Management Act and other relevant laws, regulations, in order to regulate the market for urban real estate transactions and guarantee the legitimate rights and interests of the parties to the transaction.
Article 2 deals with property within the State's land area in the city planning area and their management apply.
The land-use transaction with no construction (constrain) is not applicable.
Article 3 deals with property, including property transfers, mortgages, house rentals and property brokering services, as described in this approach.
Article IV. The Urban Housing Property Authority (hereinafter referred to as the Municipal Housing Authority) is responsible for the management of whole-market property transactions within the framework of its responsibilities, and other relevant sectors are managed in accordance with their respective responsibilities.
Chapter II General provisions
Article 5
Article 6. The owner's share of the owner's property rights is limited by a shared property transfer or mortgage, with the written consent of the owner, the transferee or the mortgage of the owner.
Article 7.
Article 8.
The custodian shall submit a certificate of custody and a certificate of custody to the person incapacity to conduct a civil act or to the person in a civil act.
Article 9. The owner of the real estate transaction shall pay the levies for the payment of the royalties to the commune, if the real declaration of the price of the real estate transaction.
Article 10 publishes real estate advertisements and shall comply with the relevant provisions of the publication of real estate advertisements and shall not deceure or misleading the public.
Article 11. Relevant procedures, such as the processing of property transactions, should be submitted to the receiving entity. The date of receipt of the receipt is the date on which the receipt is received. Upon review, the information submitted needs to be added, and the receipt cell should be informed in a written manner that the information is being added on the date of receipt.
The receiving body shall be closed in accordance with the time frame established by law, regulations, regulations and public regulations.
Article 12. The parties shall be accountable for the substance of the information they submit.
The law, regulations and regulations stipulate that the receiving body is required to verify the submissions and that the receiving body should assign more than two staff to verify them.
Chapter III Transfer of property
Article 13 transfers of property referred to in this approach refer to the transfer of property by the owner to another person by sale, grant or other lawful means.
Other lawful means referred to in the previous paragraph include, inter alia,:
(i) Exchange of property;
(ii) Debts in real terms;
(iii) Succession of homes;
(iv) The right to property is subject to changes in the value-added unit and the establishment of an enterprise with others;
(v) The provision by one party of the right to land use, the other or the multilateral funding, joint ventures and cooperation in the development of operating property, which is subject to changes in the right to property;
(vi) The right to property is transferred as a result of the acquisition, merger or merger of the enterprise;
(vii) The right to property has been transferred owing to the allocation and appropriation of units;
(viii) Other modalities provided for by law, regulations and regulations.
Article XIV, in accordance with the relevant provisions of the State and the city, can be transferred separately, to be transferred separately, shall be agreed in the transfer contract; and not to be transferred separately in the transfer contract.
Transfers may not be divided in accordance with the design of houses as an independent set of houses.
The price of real estate transfers is agreed upon by the transferee in consultation. The price of sales of affordable housing is governed by the Government.
Collective, State-owned property transfers should be in accordance with the relevant laws, regulations and regulations.
The price set out in the real estate transfer contract should include the price of land-use rights within the house.
Article 16, when a total of homes are sold, has priority over purchasing power under the same conditions.
When renting houses are sold, the lessor shall notify the lessee in writing within the statutory period or within the agreed time frame, and the lessee has a priority to purchase under the same conditions.
Those who have priority purchasing power should submit written replies within thirty days of the date of receipt of the notice, after which they were not answered, and should be considered as giving priority to buying.
Article 17 parties shall apply for the transfer of registrations to the municipal property office within ninety days from the date of the fact of the transfer of homes.
The transferee's application for the processing of a home transfer registry shall submit the following main information:
(i) Housing rights certificates and land-use certificates;
(ii) The identity of the transferring party;
(iii) Transfer of contracts or legal instruments relating to transfer;
(iv) Other information to be submitted by law, legislation and regulations.
In the case of real estate transfers or changes, the Municipal Housing Authority shall apply for the registration of changes in property and apply for land-use change registrations to the same-level people's land management, subject to verification by the same-level people's land management, with the replacement or modification of the land-use certificate.
The acquisition of a licence for the sale of commodity premises shall be in accordance with the following conditions:
(i) Access to land-use certificates;
(ii) A licence for engineering planning for commodity construction;
(iii) Access to construction permits for commodity buildings;
(iv) The housing construction works have been completed by more than 50 per cent or over layers of buildings, the high-level buildings have reached 10 levels and have identified construction progress and the completion date of delivery (environmental and accompanying facilities);
(v) A programme for the sale of commodity premises has been identified;
(vi) A regulatory account for the opening of the Commodity Housing Reserves in this city bank and a regulatory agreement with the Bank on the regulation of the provision for the sale;
(vii) Property management programmes.
The Municipal Housing Authority shall, in accordance with the conditions, issue a licence for the sale of commodity premises in accordance with the law; make a decision not to permit and inform the applicant in writing.
Article 19 The buyer and the buyer may use the model contract text of the Contracts for the Commercial Sale of Goods by the Ministry of Construction, the Director-General of National Business Administration, and that the real estate development enterprise shall not impose the purchaser's own use of its own format contract. The buyer was entitled to require a clear agreement in the text of the contract with the buyer, and the seller would not reject the matter that had been expressed in the publication of the sales advertisement and publicity.
Article 20
Article 21 Changes in the main provisions of the contract for the sale of commodity premises, and the buyer shall, within thirty days of the signing of the supplementary agreement, proceed to the processing of the registration of the contract changes in the sale contract.
The contract for the sale of commodity premises was cancelled, cancelled or declared null and void and should be processed within thirty days to the commune.
Article 2
The re-transfer party shall apply to the Municipal Housing Authority for a change registration process within thirty days of the date of the transfer contract with the real estate development enterprise.
The rights set forth in the sales contract were subsequently transferred when the commodity premises were transferred.
Chapter IV Real estate mortgages
Article 23 of this approach refers to the mortgage of the mortgagee to provide the mortgager with the secured obligation in a non-transferable manner in its legitimate property. When the debtor does not meet its obligations, the collateral owner has the right to pay the price earned by its mortgages in accordance with the law.
The mortgages referred to in this approach refer to mortgages obtained by mortgages for the continued construction of funds in construction work, with their legitimate acquisition of land-use rights, together with inputs in construction works, to mortgage the loan bank in a non-transferable manner as a repayment of the loan.
The collateral for the purchase of commodity housing claims under this scheme means that the purchaser, after paying the first-time housing price, pays the remaining purchases by the loan bank and pays the purchaser's collateral to the loan bank as a reimbursable loan for the performance of the security.
The maximum collateral referred to in this approach refers to the agreement between the collateral and the collateral, and, within the limits of the maximum amount of the claim, the security of the claims that have occurred in the course of the period.
No mortgage shall be granted in the following properties:
(i) Schools, kindergartens, hospitals and public goods for public interest, social groups' educational housing, health-care and other social goods;
(ii) Buildings that are protected as objects as well as buildings that are of great importance;
(iii) Property seized, seized, regulated or otherwise restricted by law;
(iv) Construction and construction of buildings after mortgages by State land use rights;
(v) The right to be contested houses;
(vi) Other property that is not collateral under the law.
Article 25 Real estate development enterprises shall not be granted mortgages in commodity buildings that have been sold; real estate development enterprises are granted mortgages in construction works, without the collateral consent of the collateral.
The collateral has agreed with the leased house and the corresponding collateral rights should be cancelled.
The collateral claim shall not exceed the value of the mortgage. The claim guaranteed by the construction work mortgage shall not exceed the total amount of land-use rights and assets that have been invested within the scope of the construction work. The value of the real estate is greater than the secured claim, but the balance may be collateral, but the amount of the mortgage guarantee shall not exceed the balance of its value.
The same property creates more than two mortgage rights, and the collateral shall inform the mortgagee of the already established mortgage.
Article 27 allows creditors and debtors to set up maximum mortgages in real estate. When the maximum collateral is granted, the collateral and the collateral shall agree to the maximum amount of the secured claim for the duration of the continuing claim.
Article twenty-eighth property development enterprises and other construction units are granted mortgages in construction works, with the principal claims guaranteed to be limited to the construction of the construction of the construction works, but the full construction of the construction of the construction project has been paid.
The right to collateral in construction must be accompanied by the following conditions:
(i) The construction of houses has been completed by more than 50 per cent or over layers of buildings, with a peak of 10 levels;
(ii) It is in line with the relevant provisions of the construction of the construction of the construction of the charging management.
Article 29 of the buyer's right to grant mortgages for the purchase of a commodity house, the main claim guaranteed is limited to the purchase of the commodity house, but it is not in this way to pay the entire purchase price of the commodity house.
The granting of mortgage rights in pre-purchasing commodity premises should be in line with the provisions relating to the management of pre-solds.
Article 33 collateral and mortgage-holders consensus may change the mortgage contract and enter into a written change contract.
Changes in the mortgage contract are subject to approval by the relevant authorities and shall be subject to written consent of the authorized authorities; there are more than two mortgages in one collateral, requiring a change in the mortgage contract and the consent of all later mortgage holders.
The collateral party shall, within thirty days of the date of the mortgage contract, apply to the commune property for the registration of the mortgage.
The following key documents should be submitted to the City Housing Authority for the registration of property mortgages:
(i) Housing rights certificates;
(ii) Main contracts;
(iii) The mortgage contract;
(iv) Information that can prove the value of the mortgage;
(v) Other information to be submitted by law, legislation and regulations.
Article 32 terminates the contract of collateral or mortgage relations, and the collateral party shall, within 15 days of the date of change or termination, process changes or write-off of the mortgage registration process.
In the case of the cancellation of the mortgage registration process, the collateral was requested but the mortgage owner did not apply, but the commune could accept the application of the collateral, provided that the collateral was notified in writing in conjunction with the write-off procedure and that the collateral was still unwarranted and the commune could approve the registration of the collateral.
Following the completion of the construction work, the original construction mortgage was converted to the current mortgage at the time of the initial registration of the construction of the construction work, which had resulted in the creation of a mortgage on the prefabricated commodity premises, which were then converted to the current mortgage.
Article 34 of the right to mortgage has been created and is included in the scope of evictions by law, and the collateral shall notify, in a timely manner, the collateral that the collateral may re-establish the security or, in accordance with the law, liquidate the debt and lift the original mortgage contract.
The debtor does not advance the liquidation of the debt or the provision of new security, which is mortgaged by the real estate or compensatory payments obtained for the settlement.
Chapter V
The housing lease referred to in this approach refers to the use of rents by the owner of the house as a renter to the lessee and to the rent paid by the lessor to the lessee.
The housing lease referred to in this scheme refers to the repayment of rented homes by the renter.
No rent shall be paid to the following houses in Article 36:
(i) Be in violation of the construction;
(ii) Non-compliance with the safety standards for the use of homes;
(iii) The judiciary, the arbitral body and the executive organs shall determine, decide the envelope or otherwise limit the right to property;
(iv) The inclusion of property within the scope of evictions by law;
(v) Other circumstances prohibiting rent under the relevant laws, administrative regulations.
Article 337 Leasing parties shall apply for registration requests to the Municipal Property Authority within thirty days of the contract. In order to meet the conditions for the rental registration of the house, the commune shall be required to submit the case to the applicant in writing, and in cases where the housing lease is not eligible for registration.
The lease contract is changed or terminated by law, and the lease party shall, within 10 days of the date of the contract change or dismissal, the termination and the processing of the registration or write-off procedure by the municipal property office.
The lease shall be in accordance with the agreement of the original lease contract and with the consent of the original lessee, the contract shall be concluded and the registration schedule shall be processed in accordance with the relevant provisions of the scheme.
Article 338 The request for a home lease registration request shall be communicated to the following information:
(i) Leasing contracts;
(ii) Housing rights certificates;
(iii) An effective identity document of the applicant;
(iv) Other information to be submitted by law, legislation and regulations.
The granting of rented homes is subject to the authorization of the owner; the rental of a total of houses must be submitted to other co-located certificates; and the payment of residency documents issued by public security authorities.
Article 39: The rental of the following houses shall not be registered in the lease contract submission:
(i) No housing rights certificate;
(ii) The right is controversial;
(iii) A mortgage has been granted without the consent of the collateral;
(iv) A total number of homes do not obtain written consent from others.
Article 40 rent does not prevent the transfer of home ownership.
Changes in the ownership of the rental of homes during the lease period do not affect the effectiveness of the lease contract, and the transferee shall assume the obligations of the original rentalee and enjoy the rights of the original rental.
In the period of rental of homes, the renter has been renovated, expanded, renovated, dressed and rented, with the consent of the lessee.
The lessee shall be escorted and reasonably used to rented homes and subsidiary facilities without unauthorized removal, expansion or addition. There is a need to change, with the consent of the lessor and to enter into a written contract.
During the rental of homes, the lessee shall take effective measures to prevent the expansion of homes and their facilities and to notify the renter in a timely manner of the maintenance of the renter; the lessor shall be required to report to the municipality for the safe identification and maintenance of the Housing Authority, and the reasonable expenses incurred are paid by the renter.
The contract also agreed, from its agreement.
Chapter VI
Article 43 states that the property brokering services referred to in this approach refer to the general title of activities such as property counselling, real estate price assessment, property brokers.
Real estate counselling refers to the operation of advisory services in the areas of legal, regulatory, policy, information, technology for the benefit of the owner of the real estate activity.
The real estate price assessment refers to the measurement of real estates and the exercise of economic values or prices.
Property brokers refer to the operation of the commissioner's provision of real estate information and inter-located operations.
Article 44 establishes a property brokering service and shall receive, within thirty days of the date of receipt of a business licence, information on documents such as a copy of the business licence, to be available to the municipal housing office.
Article 41 The format of the table is reproduced by the commune.
Article 46
(i) Urgently increase the cost of brokering services;
(ii) A marketing agent for commodity premises that have not been granted a licence for the sale of commodity premises in the city of Shasha;
(iii) brokering services for unacceptably granted housing certificates or restricted homes;
(iv) Individually commissioned or at the same time operate in two and more property broker services;
(v) To allow others to engage in asset brokering services in their own name;
(vi) To request, receive payments other than the awarding contract or other property, or to take advantage of the work, to obtain other unjustifiable interests;
(vii) Concrete damage to the rights and interests of the other party with one party;
(viii) Provision of false material, concealment of authenticity and damage to the interests of the parties;
(ix) Other acts prohibited by law, regulations and regulations.
Chapter VII Legal responsibility
Article 47, in violation of article 36 of this scheme, provides for the rental of homes, which shall be terminated by an order of the commune property and may be fined by more than three times the proceeds of the violation, with a maximum of $300,000.
Other acts that violate this approach are punishable by law by law, regulations and regulations.
Rule 488 Abuse of authority, provocative fraud, malfunctioning in the course of property transactions by administrative staff of the executive branch, and administrative disposition by law, which constitutes an offence and is criminalized by law.
Chapter VIII
Article 49 states that there are land-based real estate transactions in a foreign country in urban planning areas, taking into account this approach.
Houses on collective land are traded within the collective economic organization and are implemented in the light of this approach.
The local (market) urban real estate transaction management reference is implemented.
Article 50 of this approach is implemented effective 1 March 2004.