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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(December 24, 2003, Changsha city people's Government at the 25th Executive meeting January 19, 2004, Changsha city people's Government promulgated as of March 1, 2004, 89th) Chapter I General provisions article to regulate the urban real estate market and safeguard the legitimate rights and interests of the parties, in accordance with the People's Republic of China on urban real estate administration law and the provisions of other relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Second city planning district real estate transactions and management of State-owned land, these measures shall apply.
    No building on the ground (structure) of land transactions, this approach is not applicable.
    Article referred to real estate transactions, including real estate transfers, mortgages, leasing and real estate intermediary services.
    Fourth of municipal property rights administration (hereinafter referred to as municipal real estate Bureau) in duties is responsible for the management of real estate transactions in the city, and other relevant departments according to their respective responsibilities and make a real estate transaction management.
    Chapter II general provisions article fifth when transfer of real estate, mortgage, home ownership and the housing within the land use right transfer, mortgages.
    Sixth of real estate owners in total transfer or mortgage of real estate, co-ownership of real estate, shall be limited to the share of real estate owners; joint ownership of property, must be approved by the written consent of the owner of the whole, transfer or mortgage person all joint tenants.
    Real estate transactions of the seventh article of the contract should be in writing, the Parties shall hold contracts or related legal instruments and other relevant information to the municipal real estate Bureau the real estate transaction related formalities.
    Eighth in handling real estate transactions and other related procedures, parties can deal with, can also be handled by the agent on behalf of which the statutory agent, trustees having representatives of statutory qualifications; the Agency, trustee shall submit the written authorization of the client, and submit to Commission the two sides a valid identity document.
    Parties without civil capacity or a person with limited civil capacity, the guardian shall be submitted to intensive care qualification and certificate, and submit a valid identity document.
    Nineth parties to a real estate transaction should be reported to the municipal real estate Bureau real estate transaction prices, required to pay taxes.
    Article tenth real estate advertising, real estate advertising shall comply with the relevant provisions of a deception or misleading the public. 11th in handling real estate transactions and other related procedures, the Parties shall submit to the accepting unit information provided. Receipt date of receipt issued by the receiving unit for receiving day.
    Upon review, needs correction of the information submitted, accepting units shall at once inform in writing, correction information day for receiving day.
    Agency shall, in accordance with the laws, regulations, regulatory and public affairs throughout the time period specified.
    12th article dealing with the substance of the information submitted by the parties responsible for the authenticity.
    Laws, regulations or rules provide for agency it is necessary to verify the information submitted, verify agency should assign more staff.
    Chapter III transfer of real estate real estate transfer in 13th article of the rules refers to property rights through sale, donation or other lawful ways to transfer real estate to the behavior of others. Qian paragraph by said of other legal way main including: (a) to real estate exchange of; (ii) to real estate debt of; (three) housing inherited; (four) to real estate pricing shares, and and others established enterprise, real estate ownership occurred change of; (five) party provides land right, another party or multi provides funds, joint venture, and cooperation development business real estate, and makes real estate ownership occurred change of; (six) for enterprise was acquisition, and merger or merged, real estate ownership with of transfer of; (seven) units housing for allocated
    Price, transfer the ownership of real estate; (h) the provisions of other laws, rules and regulations.
    14th article in accordance with the national and the relevant provisions of this city can be transferred separately stop garage and other ancillary buildings, structures and accessories, single transfer, shall be specified in the contract of assignment; not agreed in the contract of assignment transfers alone, as transferred.
    According to the building design as an independent set of housing shall not be divided transfer. 15th parties to a transfer of real estate transfer price by consensus.
    Housing sales prices subject to Government guided.
    Collective and State-owned real estate transfer, shall comply with the provisions of the relevant laws, rules and regulations.
    Real estate prices set forth in the contract of assignment should be included within the land price of the House.
    16th when the total of homes for sale, the other co-owners shall have the preemptive right in the same condition.
    When the lease homes for sale, the lessor shall be the statutory time limit or within the agreed period of written notice to the lessee, the lessee shall have the preemptive right in the same condition.
    Persons who have the right of pre-emption shall be from the date of receiving notification of the 30th in the written replies, fails to reply, construed as a waiver of preemption.
    17th the Parties shall House the fact that municipal real estate Bureau within 90 days from the date of an application for transfer of registration.
    Transfer of housing ownership transfer registration applications made by the Parties shall submit the following information: (a) the certificate of house ownership and land-use right certificate, (ii) transfer of the identity of the parties; (c) the entry into force of the contract of assignment or transfer-related legal instruments; (d) laws, regulations and other information shall be submitted.
    Real estate transfers or changes, should be registered with the municipal real estate Bureau to apply property changes, and after change of ownership to the people's Government at the land management land-use right certificate registration, verified by the land management agency of the Government at the same level, replaced by the people's Governments at the same level or change the land-use right certificate.
    18th article made housing pre-sale license should meet following conditions: (a) made land right certificate; (ii) made housing construction engineering planning license; (three) made housing building construction license; (four) housing civil engineering completed 50% above or multilayer building capped, and senior building reached ten layer, and has determine construction progress and completed delivered date (containing environment and supporting facilities construction); (five) has determine housing pre-sale programme;
    (Vi) has opened in this city real estate sale escrow account and pre-sale regulatory agreements with the banks; (VII) property management program.
    Municipal real estate Bureau in accordance with the conditions, it shall issue the pre-paid license; does not meet the conditions, and not to permit a decision and notify the applicant in writing. 19th sale both sides can be used by the Ministry of construction, the State administration for industry and commerce produced the model text of the contract of sale of commercial housing, real estate development enterprises shall not force the buyer to use the homemade form contract.
    Using format contract and the buyer signed the contract, to sell advertising and promotional information in the matters that have been expressed, the buyer has the right to require expressly agreed in the contract, the seller may not refuse.
    20th real estate developers or the buyer shall at the date of contract signing in the 30th, to the municipal real estate Bureau registration formalities.
    21st the key provisions of the sales contract is changed, both parties shall sign an additional agreement in the 30th to the municipal real estate Bureau sale contract alteration registration procedures.
    Commercial housing sales contract be cancelled, revoked or declared null and void should the municipal real estate Bureau in the 30th for cancellation of the registration procedure.
    22nd advance sale of commercial housing purchased after the contract registration housing before the completion of real estate buyers can transfer real estate development enterprises should be combined with relevant formalities.
    Further transfers of the Parties shall, in conjunction with real estate development enterprises since the signing of the contract of assignment to the municipal real estate Bureau in the 30th days apply for alteration registration procedures.
    Pre-sales real estate transfer, contract set forth the rights and obligations of the transferable. The fourth chapter, 23rd real estate mortgage of real estate mortgage in these measures refers to the mortgagor for its legitimate real estate without transfer of possession to provide debt guarantees to the mortgagee in the manner of behavior.
    When the debtor fails to perform, the mortgagee shall have priority to price of the mortgaged real estate auction payment.
    Construction mortgage mentioned in these measures refers to loans mortgage person has continued construction of capital construction, with its legally acquired land use rights along with the construction of the invested assets, without transfer of possession of the collateral for loans to banks, as a repayment of the loan guarantees.
    Pre-order housing mortgage mentioned in these measures refers to the buyer after the down payments provided price, paid by the lender on behalf of the rest of the purchase, the purchase of real estate as collateral for bank loans as loan guarantees.
    Mortgage of maximum amount mentioned in these measures refers to the mortgagor and the mortgagee agreement, in the maximum amount of claim, within the limits of real estate on a period of continuous occurrence of creditor's right secured.
    24th article following real estate shall not set mortgage: (a) school, and kindergarten, and hospital, to public for purpose of institutions, and social groups of education with room, and medical health with room and other social public real estate; (ii) was as heritage protection of buildings and has important Memorial meaning of buildings; (three) law was seized, and seized, and regulatory or to other form limit of real estate; (four) State-owned land right set mortgage Hou of building engineering and the built of buildings; (five) ownership has dispute of housing;
    (Vi) other real estate may not be mortgaged according to law.
    25th real estate development enterprises are allowed to have sales of commercial housing mortgage; real estate development enterprises in construction mortgage, mortgage duration, without the consent of the pre-sale.
    The mortgagee agrees sale of the housing shall be cancellation of the corresponding parts of the mortgage. 26th a mortgagor's warranty claims shall not exceed the value of the collateral. Construction claims secured by mortgage cannot exceed the construction project within the land-use right and total assets has been invested.
    After the mortgage, the property is greater than the value of the secured claim, the balance may be mortgaged, but the creditor's right secured by the mortgage amount shall not exceed the value of the balance.
    The same set two or more mortgages of real estate, the mortgagor mortgages that have been set should be inform the mortgagee. 27th the creditors and the debtor can set real estate mortgage of maximum amount.
    Set right to mortgage of maximum amount, the mortgagor and the mortgagee shall provide continuous claims period, are guarantee of the debt ceiling.
    28th real estate development enterprises and other units to construction mortgage, secured by the principal claim is limited to the construction of the construction loan has been paid unless a full construction of the construction project.
    Construction mortgage, you must meet the following conditions: (a) housing construction projects completed over 50% or capped multi-story buildings, high-rise buildings up to ten layers, and (b) in accordance with relevant provisions of the contract management of construction engineering.
    29th buyers to pre-order housing mortgage, secured by the principal claim is limited to the purchase of the commercial housing loans, but has paid the full purchase price of the real estate is not permitted.
    To pre-order housing mortgage, shall comply with the provisions relating to management of real estate sale.
    30th a mortgagor and a mortgagee consensus can change a mortgage contract and enter into a written contract.
    Change mortgage contracts, subject to the approval of the competent authorities concerned shall obtain the approval of the written consent of the competent authority; a mortgage there are two or more mortgages, need to change the mortgage the mortgagee must obtain the sequence after all the mortgagee's consent.
    31st should parties to a mortgage within 30th of conclusion of the contract, to the municipal real estate Bureau applied for a registration of mortgage.
    Apply for registration to the following main documents should be submitted to the municipal real estate Bureau: (a) certificate of house ownership, (ii) master contract, and (iii) the mortgage contract; (d) can prove the value of the mortgaged real estate information (v) shall submit the information specified in laws and regulations.
    32nd mortgage contract changes or termination of a mortgage, mortgage-the Parties shall, on the date of the modification or termination in the 15th, to the municipal real estate Bureau the change or cancellation of mortgage registration formalities.
    For cancellation when the registration of mortgage, mortgage applications but the mortgagee does not apply for the municipal real estate Bureau can accept an application for mortgage, but shall notify in writing the secured the right to meet the deadline for cancellation procedures, mortgage late without good reason still doesn't follow through the cancellation of registration of the municipal real estate Bureau according to law approved the cancellation of registration of mortgage.
    33rd after the completion of construction projects, construction of the original set when the mortgages at the time of initial registration, subsequent to existing home mortgages; commercial housing purchased mortgages that have been set, at the time of transferring the ownership of real estate registration, then into existing home mortgage.
    Article 34th mortgaged real estate, being included in the relocation area, the mortgagor shall promptly notify the mortgagee, mortgage resets security on both sides, can also clean up debts according to law, and discharges the mortgage contract.
    Debtor does not pay off debts or provide a new guarantee in advance, for relocation compensation and resettlement compensation cost for acquiring real estate or mortgage property.
    Fifth Chapter House lease rental in 35th article of the rules refers to home ownership as a lessor of its lease to a lessee for use by the lessee to pay the rent.
    Sublet in these measures refers to the lessee by the lessor agrees to lease houses for rent.
    36th article following housing shall not rental: (a) belongs to illegal building of; (ii) not meet housing using security standard of; (three) judicial organ, and arbitration institutions and administrative organ law ruled, and decided seized or to other form limit property right of; (four) law announcement included demolition range of real estate; (five) about legal, and administrative regulations provides ban rental of other case. 37th lease within the party after signing the lease contract shall be in the 30th, registration application to the municipal real estate Bureau.
    Meets the lease conditions of registration and filing of the municipal real estate Bureau should be required to be filed; housing rental registration does not meet the conditions of the municipal real estate Bureau shall notify the applicant in writing.
    Shall be altered or rescission, termination of the lease contract, lease contract change or cancel, terminate within 10th of the municipal real estate Bureau shall register such changes or cancellation of registration.
    Sublease, should match the original lease contract and the original lessor consent, conclude a sublease contract and registration formalities in accordance with the relevant provisions of the measures.
    Article 38th rental housing registration the applicant shall submit the following information: (a) lease; (b) the housing ownership certificates, (iii) valid ID card of the applicant; (d) the laws and regulations shall be submitted to the other information.
    Rental housing, power of attorney shall be submitted to the owner; a total of rental housing, are required to submit proof of the consent of the other co-owners for rent; the lessee for foreigners, you should also submit a residence certificate issued by the public security organs.
    39th rented housing shall not handle registration of lease contract of the following: (a) no certificate of house ownership, (ii) whose ownership is in dispute, and (iii) has a mortgage, without the consent, and (iv) there are houses without obtaining the written consent of the other co-owners.
    40th rental without prejudice to the transfer of ownership of housing.
    During the lease period the lease ownership changes shall not affect the validity of the leasing contract, housing the assignee should assume the obligation of the original lessor and the right to the original lessor.
    Housing rental during the 41st, the lessor alteration, expansion, renovation, decoration, decoration of rental housing, should be with the consent of the lessee agrees. Lessee shall take good care of and rational use of the tenant houses and ancillary equipment shall not be dismantles, extension or addition.
    Really necessary changes shall obtain the consent of the lessor, and enter into a written contract.
    Housing rental during the 42nd, due to damaged premises and facilities and affect the normal use, the lessee shall take effective measures to prevent the damage to expand, and promptly notify the lessor maintenance; the lessor is not timely maintenance and involve safety of buildings, the lessee shall be reported to the municipal real estate Bureau for security identification, and at its own expense, the reasonable costs incurred and paid by the lessor.
    Otherwise stipulated in the contract, their agreement shall prevail.
    Sixth chapter real estate services real estate intermediary services in 43rd article of the rules refers to real estate consulting, real estate appraisal, real estate brokerage activities in General.
    Real estate consulting, refers to the property involved with laws, regulations, policies, information, technical advisory services and operational activities.
    Real estate appraisal refers to measuring real estate, assessed economic value or the price of its operating activities.
    Real estate agent, means for the client to provide real estate information and brokerage business and operating activities.
    44th established real estate agency services, shall from the date of registration in the 30th, copy of business license and other documents, to the municipal real estate Bureau. 45th, real estate agency services, real estate, agencies should be required to submit the real estate intermediary services statistics.
    Table styles centrally issued by the municipal real estate Bureau.
    46th article real estate intermediary service institutions and practitioners provides real estate intermediary service shall not has following behavior: (a) unauthorized improve intermediary service charges standard; (ii) to not made Changsha housing pre-sale license of housing for sales agent; (three) to not made housing ownership certificate or ownership has disputes, and right by limit of housing for brokers service; (four) to personal name accept delegate, or while in two a and the above real estate intermediary service institutions practice industry;
    (Five) allows others to himself of name engaged in real estate intermediary service business; (six) obtained, and received delegate contract yiwai of remuneration or other property, or using work of will, seek other not due of interests; (seven) and party party collusion damage another party party interests; (eight) provides false material, and hide real situation, damage party of interests; (nine) legal, and regulations, and regulations ban of other behavior.
    Seventh chapter law responsibility 47th article violates this article 36th rented, ordered to stop by the municipal real estate Bureau rent, and illegal gains shall be punishable by more than 1 time fined not more than three times, but not exceeding 30000 Yuan.
    Other acts in violation of these regulations, by the enforcement authority under the laws, rules and regulations will be punished according to law.
    The 48th executive staff in the real estate transaction process abuse, malpractice, neglect their duties, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Eighth chapter supplementary articles the 49th State land outside the urban planning area of real estate transactions, in accordance with the measures implemented.
    Collective housing on land in the internal trade of the collective economic organizations, in accordance with the measures implemented.
    The County (City) administration of urban real estate transactions in accordance with the measures implemented.
      50th these measures shall come into force on March 1, 2004.

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