Real estate transactions and their management on state-owned land within the administrative area of this Municipality shall abide by these regulations. Third city real estate administrative departments responsible for the supervision and management of the city's real estate transactions.
County (city) real estate administrative departments responsible for the supervision and management of real estate transactions within their respective jurisdictions.
City, county (city) real estate transaction management agencies are responsible for daily management.
Land and resources, planning, construction, industry and commerce, public security and other departments do a good job in real estate transaction management according to their respective responsibilities. Article 4 Real estate transactions shall follow the principles of voluntariness, fairness, honesty and credibility.
For real estate transfer, lease, mortgage and intermediary services, the parties shall sign a written contract. Chapter II Transfer of Real Estate Article 5 The transfer of real estate refers to the act that the real estate owner transfers the ownership of the house according to law. Mainly includes:
(1) Sale and auction;
(2) Donation and exchange;
(3) Repaying debts;
(four) real estate joint venture cooperation, the price of shares;
(five) the legal person or other organization changes the ownership of the house due to merger, division, acquisition and merger;
(six) the judgment, ruling or mediation of the people's court or the ruling or mediation of the arbitration institution has changed the ownership of the house. Article 6 The parties involved in the transfer of real estate shall truthfully declare the transaction price and pay taxes in accordance with relevant regulations, and shall not conceal or make false declarations. Seventh after the transfer of real estate, it should go to the housing ownership registration authority for housing ownership registration. Specific registration measures shall be implemented in accordance with relevant regulations. Chapter III Pre-sale of Commercial Housing Article 8 Pre-sale of commercial housing refers to the behavior that a real estate development enterprise (hereinafter referred to as the development enterprise) sells its completed commercial housing before the completion and acceptance, and the buyer pays the deposit or house price according to the contract, and after the house is completed and accepted, the development enterprise delivers the commercial housing according to the contract. Ninth commercial housing pre-sale permit system.
The development enterprise can only carry out the pre-sale of commercial housing after obtaining the "Pre-sale Permit for Commercial Housing" issued by the real estate administrative department. Without obtaining the "Pre-sale Permit for Commercial Housing", it is not allowed to pre-sell commercial housing or charge any fees with the nature of pre-sale. Article 10 To apply for the Pre-sale Permit of Commercial Housing, the following documents and materials shall be provided:
(a) business license and real estate development qualification certificate;
(2) State-owned land use certificate, construction project planning permit and construction project construction permit;
(three) the construction contract and construction schedule;
(four) the relevant information of the image progress of the development and construction projects (multi-storey buildings reach the highest level, high-rise buildings reach more than two-thirds level);
(five) the pre-sale plan of commercial housing (with pre-sale area mapping report);
(six) housing property services and property management has been implemented.
The real estate administrative department shall review the information provided by the development enterprise and conduct on-site investigation; If it meets the requirements, the Commodity House Pre-sale Permit will be issued within 10 days; Do not meet the requirements, it shall explain the reasons in writing. Eleventh commercial housing pre-sale, the development enterprise shall express to the buyer:
(1) Pre-sale permit for commercial housing;
(2) Business license for industry and commerce;
(3) State-owned land use certificate;
(4) A forecast report on the area of commercial housing;
(five) the plan of supporting facilities in residential areas approved by the planning and management department;
(six) the structure, apartment type and decoration standard of commercial housing;
(seven) proof of the implementation of early property management;
(8) Time for completion and delivery;
(9) Special account for advance payment and advance payment. Twelfth pre-sale of commercial housing to implement the pre-sale payment supervision system.
Pre-sale payment of commercial housing means that the buyer pays the house purchase money (including loans) to the development enterprise in advance according to the contract, which is specially used to purchase the building materials and equipment necessary for the construction of this project, and pays the construction progress payment before the initial registration of commercial housing. The advance payment of commercial housing shall not be used for other purposes.
When handling the pre-sale permit of commercial housing, the development enterprise shall sign a supervision agreement on the pre-sale payment with the bank where the pre-sale payment is opened and the real estate administrative department, and set up a special account for the pre-sale payment of commercial housing in the bank. Thirteenth development enterprises shall not directly deposit the advance payment of commercial housing paid by the buyer. When the buyer delivers the advance payment of the commercial house, he shall directly deposit it into the special account of the bank where the advance payment is opened, and pay the payment voucher to the development enterprise with the deposit certificate issued by the bank. Fourteenth development enterprises to use pre-sale commercial housing, should apply to the real estate administrative department.
The real estate administrative department shall examine and approve the amount of funds according to the information provided by the development enterprise. Agree to use the advance payment of commercial housing, it shall issue examination and approval opinions within 5 working days, and notify the bank in writing; Do not agree, it shall explain the reasons in writing.