The purpose of real estate regulation is not only to maintain the healthy and sustainable development of the real estate market, but also to maintain the sustainable development of the economy.
I. Introduction (I) Introduction to Real Estate Real estate is also called real estate in economics because of its own characteristics, that is, the fixed position and immovability.
There can be three forms of existence: the integration of land, buildings and houses.
In real estate auction, the auction target can also exist in three forms, namely, land (or land use right), material entities and their rights and interests in the state of integration of buildings and real estate.
(II) Impact of regulation on economy In 20 13 years, the national economy is still recovering moderately, but due to factors such as real estate regulation, the pace of future economic recovery may slow down after the first quarter.
In February, CPI rose by 3.2% year-on-year, mainly due to the influence of the Spring Festival, reflecting the support of the current economic recovery.
In February, the CPI rose 1. 1%.
Among them, the month-on-month increase in food prices is equal to seasonal factors, and the rebound in non-food prices is stronger than seasonal factors.
In particular, the rising prices of consumer goods and services reflect that the current economy is still in a short-term growth and recovery stage.
(III) Direction of State Regulation It is not difficult to see from the existing means of real estate regulation and control that the central government has adopted a strategy of gradual and intensive promotion of real estate regulation and control, which shows that the central government's attitude towards real estate regulation and control is clear and firm.
In a certain sense, the bank's tightening of mortgage loans will play a positive role in curbing the excessive rise in housing prices, and the adjustment of preferential interest rate policies will help to guide housing consumption reasonably and curb the demand for speculative investment in housing purchases.
Two. (I) Classification of Land Use According to the Standard Provisions on Urban Land Classification and Planning and Construction Land, urban land can be divided into nine categories: 1, residential land 2, public facilities land (including commercial land) 3, industrial land 4, storage land 5, external traffic land 6, road square land 7, municipal public facilities land 8, green land 9 and special land (II).
2. Industrial buildings.
3. Commercial housing.
4. Entertainment facilities.
5. Government and public facilities.
6. Multifunctional building (complex building, also known as urban complex).
Three. Policies and Measures 2065438+On February 20, 2003, Premier the State Council presided over the the State Council executive meeting to study and deploy and continue to do a good job in the regulation of the real estate market.
The meeting pointed out that over the years, all regions and departments have conscientiously implemented the central government's decision-making arrangements on strengthening the regulation of the real estate market and achieved positive results. Speculative housing investment has been effectively curbed, and the real estate market situation has gradually stabilized.
Comprehensive policies and measures, such as housing purchase restriction, differentiated housing credit and tax, and increased land supply, have played a key role in rationally guiding housing demand, alleviating the contradiction between supply and demand, stabilizing housing prices, and especially curbing the excessive rise of housing prices in some hot cities.
The meeting pointed out that China is in a period of rapid urbanization, and the tight housing supply and demand pattern in hot cities and central cities is difficult to fundamentally change in the short term. Supporting the demand for self-occupation and restraining speculative investment in house purchase is a basic policy that must be adhered to in the regulation of the real estate market.
It is necessary to maintain the continuity and stability of policies, strictly implement and improve relevant measures, and promote the stable and healthy development of the real estate market.
(1) Improve the responsibility system for stabilizing housing prices.
Municipalities directly under the central government, cities under separate state planning and provincial capital cities except Lhasa should formulate and publish annual price control targets for new commercial housing in accordance with the principle of maintaining basically stable housing prices.
Establish and improve the accountability system for stable housing price assessment.
(2) Resolutely curb speculative investment in housing.
Strict implementation of commercial housing purchase restrictions. Municipalities directly under the central government, cities with separate plans and provincial capitals that have implemented purchase restriction measures should improve the purchase restriction measures in accordance with unified requirements in terms of purchase restriction areas, types of houses to be restricted, and qualification examination for purchasing houses.
If housing prices in other cities rise too fast, the provincial government should promptly request and take measures such as restricting purchases.
Strictly implement the differentiated housing credit policy.
Expand the pilot scope of individual housing in real estate tax reform.
(3) Increase the supply of ordinary commodity housing and land.
In principle, the total supply of housing land in 20 13 is not lower than the average actual supply in the past five years.
Accelerate the land supply, construction and listing of small and medium-sized ordinary commodity housing projects, and form effective supply as soon as possible.
(4) Accelerate the planning and construction of affordable housing projects.
We will fully implement the task of basically completing 4.7 million sets of urban affordable housing projects and starting 6.3 million sets in 20 13.
Supporting facilities should be planned, constructed and delivered simultaneously with affordable housing projects.
Improve and strictly implement the access and exit system to ensure fair distribution.
Before the end of 20 13, cities above prefecture level should include qualified migrant workers in the scope of local housing security.
(5) Strengthen market supervision.
Strengthen the management of pre-sale of commercial housing, strictly implement the provisions of clearly marked prices for commercial housing sales, strengthen the credit management of enterprises, and seriously investigate and deal with illegal acts of intermediaries.
Promote the construction of urban individual housing information system, strengthen market monitoring and information release management.
Four. Key points of regulation (1) Suspension of the issuance of the third set of housing loans: Commercial banks suspend the issuance of the third and above housing loans for households, and consumer loans are prohibited from being used for housing.
(2) Promoting the pilot reform of real estate tax: China will accelerate the pilot reform of real estate tax and gradually expand it to the whole country.
(3) Restrict the number of housing units in some cities: In cities where housing prices are too high, rising too fast and supply is tight, it is necessary to limit the number of housing units for residents in a certain period of time.
(4) Housing enterprises hoarding land will stop issuing stocks and bonds and will not grant loans: for real estate development enterprises with illegal records, the issuance of stocks, corporate bonds and newly purchased land will be suspended, and commercial banks will stop issuing loans for new development projects and issuing loans.
Verb (abbreviation of verb) Land financial control is the key. One month after the implementation of the "National Five Articles", the enthusiasm of large real estate developers around the country continued to rise.
According to public data, in April, the average floor price of 2 1 urban commercial land in China was 2982 yuan/square meter, up 3 1% from the previous month and up 84% year-on-year.
According to the data of housing prices in 70 large and medium-sized cities released by the National Bureau of Statistics in April, among the 70 large and medium-sized cities, there are 67 cities with a month-on-month increase, especially first-tier cities. The price of new houses in Beijing has gone up by 1 1 month.
Liu Jianwei, senior statistician of the National Bureau of Statistics, said: "The expectation of rising house prices has not been fundamentally lifted, and the regulation of the real estate market is still in a critical period of implementation.
At present, in the critical period of real estate regulation, it is imperative to fundamentally adjust or improve the regulation ideas and rectify the "land finance" that local governments rely on and implement. The best way is to speed up the top-level design. The central government will take back the land lease rights that should be owned by the state from local governments, and at the same time design reasonable new taxes that local governments are allowed to levy, such as property tax.
The latest policy of intransitive verbs (1) Full text of the notice: Guo Ban Fa [20 13] 17 People's governments of provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council: 20 1 1 Since then, all regions and departments have conscientiously implemented the central government's decision on strengthening the regulation of the real estate market.
At present, the regulation of the real estate market is still in a critical period, the expectation of rising house prices is enhanced, and the real estate market in different regions is divided.
In order to continue to do a good job in the regulation of the real estate market in 20 13 years and promote the stable and healthy development of the real estate market, with the consent of the State Council, the relevant issues are hereby notified as follows: 1. Improve the responsibility system for stabilizing housing prices, and earnestly implement the responsibility system for stabilizing housing prices that the provincial people's government takes overall responsibility and the urban people's government pays close attention to.
Municipalities directly under the central government, cities under separate state planning and provincial capitals (except Lhasa) shall, in accordance with the principle of maintaining the basic stability of housing prices, formulate annual price control targets for new commercial housing (excluding affordable housing, the same below) in this region, and announce them to the public in the first quarter.
Provincial people's governments should pay more attention to regional differences and strengthen classified guidance.
For hot cities where housing supply exceeds demand and housing prices rise too fast in administrative areas, we should guide them to increase the effective supply of housing and housing land, and formulate and publish annual price control targets for new commercial housing; For cities with oversupply of housing, we should also guide them to take effective measures to maintain market stability.
It is necessary to establish and improve the accountability system for stable housing price assessment, and strengthen supervision, assessment and accountability of cities under its jurisdiction.
The relevant departments of the State Council should strengthen the supervision and inspection of the provincial people's government to stabilize housing prices.
If policies and measures such as housing purchase restriction, differentiated housing credit and taxation are not in place and housing prices are rising too fast, interviews and accountability should be conducted.
Second, resolutely curb speculative investment in housing purchases and continue to strictly implement measures to restrict the purchase of commercial housing.
Municipalities directly under the central government, cities with separate plans and provincial capital cities that have implemented the purchase restriction measures should further improve the existing housing purchase restriction measures on the basis of strictly implementing the Notice of the General Office of the State Council on Further Improving the Regulation of the Real Estate Market (Guo Ban Fa [201]1).
The restricted purchase area should cover all administrative areas of the city; The types of restricted housing should include all newly-built commercial housing and second-hand housing; The qualification examination of house purchase should be moved forward to before signing the house purchase contract (subscription); For non-local households with 1 set or more houses, and non-local households with no local tax payment certificate or social insurance payment certificate for a certain number of consecutive years, it is necessary to suspend the sale of houses within their administrative areas.
Cities with prominent contradiction between housing supply and demand and high pressure of rising housing prices should further strictly adjust the purchase restriction measures on the basis of the above requirements; In other cities where house prices have risen too fast, the provincial people's government should require them to take measures such as restricting purchases in time.
Departments of housing and urban construction, civil affairs, taxation, human resources and social security in various regions should establish a clear, coordinated and orderly audit mechanism.
It is necessary to seriously investigate and deal with violations of laws and regulations in the implementation of purchase restriction measures, and order real estate development enterprises to rectify projects that evade housing purchase restriction measures; If the purchaser does not have the qualification to purchase a house, the enterprise shall terminate the contract with the purchaser; Intermediaries that instigate and assist buyers in forging proof materials and defrauding the qualifications for purchasing houses shall be ordered to suspend business for rectification, and the relevant responsible persons shall be severely dealt with; If the circumstances are serious, the parties concerned shall be investigated for legal responsibility.
We will continue to strictly implement the differentiated housing credit policy.
Banking financial institutions should further implement the down payment ratio of the first home loan and the loan interest rate policy, and strictly implement the second (and above) housing credit policy.
It is necessary to strengthen the qualification examination of borrowers, investigate the family housing registration records and the borrower's credit records in strict accordance with the regulations, and may not issue loans to borrowers who do not meet the credit policy in violation of regulations.
Banking supervision departments should strengthen the daily management and special inspection of the implementation of differentiated housing credit policies by banking financial institutions, and stop and correct those who violate the policies in time.
For cities where house prices are rising too fast, the local branches of the People's Bank of China can further increase the down payment ratio and loan interest rate of the second set of housing loans according to the price control targets and policy requirements of the urban people's government for new commercial housing.
Give full play to the regulatory role of tax policy.
Departments such as taxation, housing and urban and rural construction should cooperate closely and levy personal income tax on self-owned housing according to regulations. If you can verify the original value of the house through historical information such as tax collection and management and house registration. , should be strictly in accordance with the law in accordance with the income of 20% levy.
Summarize the experience of individual housing pilot cities in real estate tax reform, accelerate the expansion of the pilot work, and guide the rational consumption of housing.
The tax authorities should continue to promote the application of real estate price evaluation methods and strengthen the tax collection and management of stock housing transactions.
Third, increase the supply of ordinary commodity housing and land. All regions should scientifically prepare the annual housing land supply plan according to the supply and demand situation and maintain a reasonable and stable housing land supply scale.
In principle, the total supply of housing land in 20 13 is not less than the average actual supply in the past five years.
Some hot cities and regional central cities with prominent contradiction between housing supply and demand and high pressure of rising housing prices, as well as cities with low completion rate of housing land supply plan in the previous two years, should further increase the total annual housing land supply and increase its proportion in the annual land supply plan.
Increase the information disclosure of the land market, and the municipal and county people's governments should announce the annual housing land supply plan in the first quarter to stabilize the land market expectations.
All regions should continue to take effective measures to improve the way of land transfer and prevent high housing prices from disturbing market expectations.
The housing and urban-rural construction departments in various regions should put forward the requirements of the number of units, construction area, facilities and completion time of commercial residential projects as the basis for land transfer and incorporate them into the transfer contract.
Regional development and reform, land resources, housing and urban-rural construction departments should establish a fast track for administrative examination and approval of small and medium-sized ordinary commodity housing construction projects, improve work efficiency, strictly implement the declaration system for commencement and completion, urge real estate development enterprises to build in strict accordance with the contract, speed up the land supply, construction and listing of small and medium-sized ordinary commodity housing projects, and form an effective supply as soon as possible.
For ordinary commodity housing construction projects with small and medium-sized Taoxing Xing Tao Taoxing reaching more than 70% of the total number of development and construction projects, banking financial institutions should give priority to supporting their development loan demand on the premise of meeting the credit conditions.
The fourth is to speed up the planning and construction of affordable housing projects, and fully implement the task of basically completing 4.7 million urban affordable housing projects and starting 6.3 million new ones in 20 13.
All regions should pay close attention to the implementation of construction tasks to projects and plots, ensure that funds are in place as soon as possible, and start construction as soon as possible.
Continue to do a good job in the transformation of cities and state-owned industrial and mining areas (including coal mines), state-owned forest areas and shanty towns in reclamation areas, focusing on the transformation of resource-based cities and independent industrial and mining areas; Actively promote the transformation of non-shanty towns and dilapidated houses, gradually carry out comprehensive improvement of old urban areas, and steadily implement the transformation of villages in cities.
Strengthen overall planning, proceed from the actual needs of urbanization development and improving residents' housing conditions, fully combine the construction of affordable housing projects with urban development, and make overall arrangements for affordable housing projects in urban master planning, land use, housing construction and other planning.
It is necessary to ensure the planning and design, construction quality, building materials and completion acceptance, implement the project quality responsibility, and ensure the quality and safety of the project.
It is necessary to arrange the layout reasonably, improve the apartment design, and facilitate the work and life of the object.
It is necessary to increase investment in supporting infrastructure, so that supporting facilities and affordable housing projects can be planned, constructed and put into use simultaneously, and the completed projects can be put into use as soon as possible.
Strengthen distribution management.
We should continue to explore innovative management mechanisms for the construction of affordable housing, improve the review mechanism for the financial situation of families applying for affordable housing, strictly enter and exit, and ensure fair distribution.
Increase the information disclosure of the construction, distribution and withdrawal of affordable housing projects.
Seriously investigate and deal with illegal acts such as changing the use of affordable housing projects and the area of Xing Tao without authorization.
Before the end of 20 13, cities above the prefecture level should include eligible migrant workers with stable employment in the scope of local housing security.
It is necessary to strengthen the management of residential areas, improve community public services and optimize the living environment.
Since 20 13, all regions should raise the threshold of pre-sale of commercial housing, strengthen the management of pre-sale permit of commercial housing from the aspects of project investment, image progress and delivery time, guide verb estate development enterprises to make reasonable pricing, and steadily promote the reform of pre-sale system of commercial housing.
We will continue to strictly implement the regulations of clearly marked price and one room and one price for commercial housing sales, and sell them to the outside world in strict accordance with the declared price.
All regions should effectively strengthen the management of pre-sale funds and improve the supervision system; In areas that have not yet implemented the supervision of pre-sale funds, it is necessary to speed up the formulation of supervision measures for pre-sale funds of commercial housing in the region.
Pre-sale permits may not be issued temporarily for commercial housing projects whose pre-sale plan quotation is too high and does not accept the guidance of the municipal housing and urban-rural construction department or without the supervision of pre-sale funds.
All regions should vigorously promote the construction of urban individual housing information system and improve the management system. By the end of the "Twelfth Five-Year Plan", all cities above the prefecture level should be networked in principle.
Strengthen the credit management of real estate enterprises, study and establish credit management systems for housing and urban construction, development and reform, land and resources, finance, taxation, industry and commerce, statistics and other departments, and timely record and publish illegal acts of real estate enterprises.
For illegal real estate development enterprises such as idle land, speculation, hoarding land, and driving up housing prices, relevant departments should establish a linkage mechanism and increase investigation and punishment.
Land and resources departments should prohibit them from participating in land bidding, banking financial institutions should not issue loans for new development projects, securities regulatory authorities should suspend their listing, refinancing or major asset restructuring approval, and banking regulatory authorities should prohibit them from financing through trust plans.
The tax authorities should strengthen the collection and management of land value-added tax, and conduct liquidation audit and inspection in strict accordance with relevant regulations.
Housing urban and rural construction, industrial and commercial departments should jointly carry out special management work on the housing intermediary market, rectify and standardize the market order, and seriously investigate and deal with illegal acts of intermediaries and brokers.
Relevant departments should strengthen the fund management of real estate development enterprises, strengthen the monitoring of assets and liabilities, and effectively prevent risks.
All regions and relevant departments should strengthen market monitoring, research and analysis, timely release authoritative information such as commodity housing construction, transactions, house prices and rents, correctly interpret market trends and related regulatory policies and measures, guide society and stabilize market expectations.
Public opinion monitoring should be strengthened and the false information about the real estate market should be clarified in time.
Enterprises, institutions, media and individuals that induce property buyers to violate policies and measures such as purchase restriction and loan restriction, and make rumors, spread rumors and speculate on false information to mislead consumers should be dealt with severely.
6. Accelerate the establishment and improvement of a long-term mechanism to guide the healthy development of the real estate market. All relevant departments should strengthen basic work, speed up research and put forward working ideas and policy frameworks for improving the housing supply system, improve the operation and supervision mechanism of the real estate market, promote the reform of the real estate tax system, improve the housing financial system and the housing land supply mechanism, promote housing industrialization, and promote the sustained, stable and healthy development of the real estate market.
General Office of the State Council 2065438+February 26th, 2003 (II) Levy 20% tax on second-hand houses 1, Brief Introduction 2065438+March 1 2003, General Office of the State Council issued a notice on continuing to do a good job in the regulation and control of the real estate market, including the detailed rules of "National Five Articles".
Among them, collecting 20% personal income tax on self-owned housing, further increasing the down payment ratio of second home loan and loan interest rate have become the focus of attention.
The New Deal clearly requires that the personal income tax that should be levied on self-owned houses according to regulations should be levied in strict accordance with the law if the original value of the house can be verified through historical information such as tax collection and management and house registration.
By the end of 20 13, except for the income obtained by individuals who have used the house for more than 5 years and are the only living room of the family, the tax policies for other second-hand housing transactions are levied according to the difference of 20% or the full amount 1%, but in fact, the full amount 1% is adopted.
When the price difference is 20%, the transaction cost will increase obviously.
Take an ordinary second-hand house with the original purchase price of 500,000 yuan and the current total price of 2 million yuan as an example. According to the previous tax of 1%, it is 20,000 yuan. After the New Deal, the tax is 300,000 yuan, which is 280,000 yuan more than before, equivalent to 14% of the current total house price.
2. Objective Chen Guoqiang, vice president of China Real Estate Association, said that the original intention of raising personal income tax on second-hand housing transactions is to crack down on investment, but in practice, sellers are likely to pass on costs by raising house prices.
"So, the New Deal may objectively push up the price of second-hand housing.
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3. Impact In the second-hand housing transaction, although according to the relevant national regulations, the buyer should pay the deed tax and the seller should bear the business tax and personal income tax, in practice, it is often borne by the buyer.
For some cities or regions where house prices have risen too fast, and for buyers who make a down payment of 30%, this is equivalent to a down payment of 44%, which greatly increases the purchase cost of first-time home buyers.
Hu Jinghui, vice president of Ye Wei I Love My Family Group, said that in areas where house prices are rising too fast, the price gap between houses is also very large. It is expected that the second-hand housing market in these areas will usher in a peak transaction, so as to try to catch up with the last bus of policies before the detailed rules for the implementation of policies in various places are promulgated.
Zhang Dawei, director of the Central Plains real estate market research department, believes that with the introduction of local regulations, the turnover will inevitably shrink after the last short transfer, and may even return to the average level in the middle of 20 12.
Many insiders said that if this policy is strictly implemented, the demand of the second-hand housing market and the wishes of the owners will be significantly affected.
Chen Guoqiang said that with the decrease of the willingness of second-hand housing owners, the reduction of supply will also push some newly-needed buyers to the new housing market, which will further aggravate the contradiction between supply and demand in the new housing market and even drive the price of new housing to rise further.
Hu Jinghui believes that with the implementation of the New Deal, the transaction volume of new and second-hand houses will fall into a trough, and prices may experience a short period of stagflation.
In the medium and long term, the new housing market will rebound first before the second-hand housing market.
The advantage of less tax revenue in the new housing market will be gradually reflected, and some buyers will return to the new housing market again, driving the transaction volume of the new housing market to rise.
(3) After the "National Five Articles" taxed the holding link, at the end of March, various provinces successively issued relevant rules, which had a great impact on the real estate market.
However, whether this measure can be effectively implemented and play its due regulatory effect needs to be further refined and coordinated with other policy measures.
Li Enping said that the trend of housing prices depends on specific policy measures and policy implementation.
"If all localities strictly implement the 20% personal income tax policy, we think that the overall house price may rise by a large margin; On the contrary, if the focus of policy implementation shifts to holding link tax, we think that the overall house price may remain stable or decline slightly.
"Li Enping said.
He believes that if the 20% income tax policy is strictly implemented, driven by rigid demand, the second-hand housing price will be taxed at the original price, which will directly push up the second-hand housing price. At the same time, some rigid housing demand originally realized in the stock housing market will also enter the new housing market, causing pressure on supply and demand of new housing and forming demand-driven new housing price growth.
Therefore, Li Enping predicted that after the middle of 20 13 years, when the effect of income tax control in the transaction link is not ideal, it will even contribute to the rise of housing prices and worsen the market environment, and some metropolitan housing holding tax policies are expected to be accelerated.
The reason is that "if the policy focus shifts to the housing holding tax, it will speed up the supply of existing housing into the market, alleviate the pattern of short supply, and may promote the stability of housing prices or make a correction."
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