Ministry of Land and Resources, Ministry of Housing and Urban-Rural Development
Notice on further strengthening the regulation and construction management of real estate land
Land and resources development. 20 10 15 1
Departments of land and resources of provinces, autonomous regions and municipalities directly under the Central Government (Department of Land, Environment and Resources, Bureau of Land and Resources, Bureau of Land and Housing Management, Bureau of Planning Land and Resources), Department of Housing and Urban-Rural Development (Construction Committee, Real Estate Bureau, Planning Bureau), administrative departments of land and resources of cities at the sub-provincial level, administrative departments of housing and urban-rural development (real estate, planning), Bureau of Land and Resources of Xinjiang Production and Construction Corps, Construction Bureau, and national land supervision bureaus stationed in various places:
In order to implement the tasks set forth in the Notice of the State Council Municipality on Resolutely Curbing the Excessive Rise of Housing Prices in Some Cities (Guo Fa [20 10] 10, hereinafter referred to as "Guo Fa 10 Document"), further strengthen the management and regulation of real estate land use and construction, and actively promote the sustained and good development of the real estate market, the relevant work is hereby notified as follows:
Unify thinking and strengthen departmental coordination and cooperation.
Local competent departments of land resources, housing and urban and rural construction (real estate, planning and housing security) at all levels should thoroughly study and understand the guiding ideology, task requirements and policy provisions of document 1. The State Council 10 document, fully understand that further strengthening the management and regulation of real estate land and construction is an important task to resolutely implement the policy of the State Council 10 document. The State Council 10, continue to curb the rise in housing prices and promote the reasonable adjustment of housing prices and land prices. It is also an important task to increase the effective supply of housing and safeguard the vital interests of the people.
The competent departments of land resources, housing and urban and rural construction (real estate, planning and housing security) at all levels should, under the unified leadership of the government, unify their thinking and understanding, clarify their responsibilities and tasks, strengthen cooperation, form a joint force, proceed from the reality of the local real estate market, actively coordinate and cooperate, strictly enforce laws and regulations, strengthen management and supervision, seriously investigate and deal with violations of laws and regulations, implement the responsibilities of various departments, and strive to promote the sustained and healthy development of the real estate market.
Strengthen the annual plan management of housing land and housing construction.
Local housing and urban construction (real estate, planning and housing security) and land and resources departments at all levels shall, in accordance with the requirements of housing construction plan and the plan, agree on the annual plan for the supply and construction of urban housing land, and implement the pre-arrangement of land supply according to the annual plan, and agree to implement the annual construction tasks of affordable housing, shantytown renovation housing, public rental housing and small and medium-sized ordinary commodity housing to plots. The competent departments of land and resources of cities, cities and counties under the provincial jurisdiction shall promptly announce to the public the land supply plan, land supply order, land parcel situation and land supply conditions, accept public supervision, and correctly guide market expectations. According to the implementation of the housing construction plan, timely and reasonably adjust the land supply plan. On the basis of ensuring that the land for affordable housing, shantytown renovation housing and small and medium-sized ordinary commodity housing is not less than 70% of the total supply of housing land, combining with local conditions, we will select plots, explore ways to increase the supply of public rental housing land by allocation and transfer, gradually merge with low-rent housing, and simplify and implement classified security of rental housing. In areas with high housing prices, the number of land for the construction of small and medium-sized Xing Tao price-limited houses should be increased. While making active use of the existing land, priority should be given to ensuring the supply of the above-mentioned types of housing land, mainly affordable housing, for idle land recovered according to law, reserve land with "net land" supply and indicators of the agricultural conversion plan. If the above-mentioned housing land supply plan is not completed, it shall not supply large-sized high-grade housing construction land.
Accelerate the supply of housing land and the examination and approval of construction projects.
(a) to strengthen the supervision of affordable housing land. Provincial housing and urban construction departments should urge cities and counties to make preparations for construction projects and implement funds as soon as possible according to the tasks of affordable housing and policy housing construction. Provincial land and resources departments should urge cities and counties to handle land supply procedures in a timely manner according to the project determination and fund implementation. For the supply of land for affordable housing construction, the departments of urban and rural housing construction (real estate, planning and housing security) in cities and counties should urge the construction units to do a good job in the preliminary work and urge them to start construction on schedule. It is necessary to strengthen the review of the architectural design scheme of affordable housing projects, strictly implement the national standards for controlling the construction area of affordable housing, and build public facilities in strict accordance with the planning requirements.
For all kinds of affordable housing land that has been supplied, the nature and use of the land shall not be changed, and the construction standard shall not be raised and the area of Xing Tao shall not be increased. For the affordable housing construction projects that change the above contents, the relevant competent departments shall not go through the relevant formalities, and if they have been sold as commercial housing, the illegal income shall be confiscated and a fine shall be imposed according to law.
(two) to speed up the administrative examination and approval of housing construction projects. City and county departments of land and resources, housing and urban-rural construction (real estate, planning) should * * establish a fast track for administrative examination and approval. For affordable housing, shantytown renovation housing, public * * rental housing and small and medium-sized ordinary commodity housing construction projects, planning departments should issue construction land planning permits within 10 days after acceptance, and land and resources departments should issue state-owned land use certificates within 10 days after acceptance. The competent department of planning shall issue the planning permit of construction project within 60 days after acceptance, and the competent department of construction shall issue the construction drawing review and construction permit within a time limit, and the competent department of real estate shall timely issue the pre-sale permit of commercial housing in strict accordance with the regulations. All departments should exchange results in a timely manner, take the initiative to dock, improve the efficiency of administrative work, speed up the land supply, construction and listing of housing projects, and form an effective supply of housing as soon as possible.
Strict management of housing construction land transfer
(a) standardize the preparation of the land transfer plan. The competent department of land and resources of the city and county shall, within 30 days after receiving the written letter from the competent department of land and resources, put forward the planning and construction conditions together with Fangcheng. If the issuance time of the planning conditions for transferring land is overdue for one year, the competent department of land and resources shall re-solicit the opinions of relevant departments and improve the transfer plan.
The land sold should be investigated and registered according to law to ensure that the land type is clear, the area is accurate, the ownership is legal and uncontroversial.
(two) strictly formulate the planning and construction conditions for land transfer. City and county planning departments shall, jointly with the competent departments of land and resources, determine the Xing Tao structure proportion conditions such as the location, nature of use, development intensity, number of houses, construction area of Xing Tao, etc. of the land to be sold in strict accordance with the approved regulatory detailed planning and intensive land use requirements, as the planning conditions for land transfer, and incorporate them into the transfer contract. For small and medium-sized Taoxing ordinary commodity housing construction projects, it is necessary to clearly put forward the control standard of the average Xing Tao construction area and formulate the corresponding Xing Tao structural proportion conditions. Strictly restrict the development and construction of low-density large-sized residential projects, and the plot ratio index of residential land must be greater than 1.
City and county housing and urban construction (real estate, housing security) departments should put forward the control sales price of price-limited commercial housing, the proportion of affordable housing in commercial housing construction projects, the number of units, the area of units, supporting facilities and the construction period of the project, as the basis for land transfer, and incorporated into the transfer contract.
After the land is transferred, no unit or individual has the right to change the planning and construction conditions without authorization. If it is really necessary to make adjustments due to non-enterprise reasons, it must be carried out in accordance with the open procedures stipulated in the Urban and Rural Planning Law. If the development and construction unit applies for adjusting the planning and construction conditions and fails to start construction on schedule, it must recover the land use right and re-sell the land by means of bidding, auction and listing.
(3) Strict qualification examination of land bidders. The competent department of land and resources shall, when bidders participate in the bidding, auction and bidding for land transfer, not only provide valid identification documents and pay the bid (bid) deposit in accordance with the regulations, but also submit the commitment letter that the bid (bid) deposit does not belong to bank loans, shareholder loans, loans and fund-raising, and the credit certificate of commercial financial institutions.
According to the document number the State Council Release 10, if it is found and verified that the bidder has the following illegal acts, the competent department of land and resources must prohibit the bidder and its controlling shareholder from participating in land bidding activities before the case is closed and the problem is investigated and rectified:
1. There are criminal acts such as forging official documents to defraud land use and illegally reselling land;
2 illegal transfer of land use rights and other illegal acts;
3. The land has been idle for more than one year due to enterprise reasons;
4. Development and construction enterprises develop and utilize land in violation of the conditions stipulated in the transfer contract.
The competent departments of land and resources at all levels must strictly implement the relevant provisions of Document No.9. The State Council issued the 10 and above regulations, and timely uploaded the list of illegal enterprises, problems and investigation results to the website of China Land Market, the portal website of the Ministry of Land and Resources. If it is not implemented or falsified, the responsibility of relevant personnel will be seriously investigated according to relevant laws and regulations. 1
(four) strict distribution decision-making and transfer contract management. All kinds of housing construction projects shall start construction within one year from the date of delivery of the land agreed in the allocation decision and the transfer contract, and be completed within three years from the date of commencement. For comprehensive land use, the planning, construction and related conditions of commercial and residential buildings must be clearly defined in the contract. The competent departments of land and resources of cities and counties shall, jointly with the competent departments of housing and urban construction (real estate, planning and housing security), study and formulate the liability for breach of contract and penalty clauses that violate the conditions, regulations and requirements stipulated in the land allocation decision and the transfer contract, and write them into the land allocation decision and the transfer contract together with the land transferee's commitment to the above contents to ensure that all kinds of housing land, construction and sales with security as the focus are put in place in accordance with national policies.
Strengthen the supervision of housing land supply and construction.
(a) to strengthen the supervision of real estate land supply. The competent departments of land and resources of all provinces (autonomous regions and municipalities) should strengthen the timely supervision of the announcement of homestead transfer and the contents agreed in the contract, and should be ordered to immediately revoke the announcement and adjust the transfer plan to re-transfer. After the completion of land transfer, it is necessary to negotiate and standardize the contents of the contract and unify the electronic distribution number before signing the contract. The departments of land and resources of cities and counties should strictly implement the declaration system for the opening and completion of real estate land, rely on the dynamic monitoring and supervision system of the land market, timely clean up the real estate projects that have started and completed, and regularly conduct on-the-spot inspections on the opening and completion of real estate land and the implementation of development and construction conditions. If violations of laws and regulations are found, they should be investigated for responsibility according to law and discipline.
(2) Strengthen the dynamic supervision of the development process of housing construction projects. The departments of land and resources, housing and urban-rural construction (real estate, planning and housing security) of cities and counties shall strengthen the dynamic supervision of real estate development enterprises in the whole process of land development and utilization, housing construction and sales. Should be in accordance with their respective responsibilities, careful examination and approval, found illegal breach of contract, must terminate the enterprise related behavior, stop going through the relevant formalities, timely notice and shall be the responsibility of the competent business department, and cooperate with the investigation according to law. When the real estate development project is completed and accepted, the competent department of housing and urban and rural construction shall, jointly with the competent department of land and resources, verify the conditions and commitments stipulated in the land use contract between the development enterprise and the construction project.
City and county housing and urban construction departments should comprehensively strengthen the quality supervision of residential projects, especially affordable housing projects, focus on supervision and inspection of the implementation of mandatory standards for project construction by survey, design, construction and supervision units, and strengthen the implementation of quality responsibility for residential projects. Problems found in project quality supervision shall be investigated and dealt with in time, and notified to the competent department of land and resources.
Intensify efforts to clean up and investigate violations of laws and regulations.
(1) Strictly investigate and deal with the hoarding and speculation of idle land. Provincial land and resources departments should take effective measures to urge the land and resources departments of cities and counties to speed up the investigation and disposal of idle land. If the land is idle due to the enterprise's own reasons, we must resolutely investigate and deal with it according to law. If the land is idle due to government and departmental reasons, the housing and urban-rural construction departments should actively cooperate with the competent departments of land and resources to jointly investigate and deal with it within a time limit. Those who sell real estate land or hoard land for speculation that do not meet the land transfer conditions stipulated by laws and regulations shall be punished quickly and severely according to the law, their illegal income shall be confiscated according to law, and a fine shall be imposed. For the departments and personnel who handle the relevant land use procedures in violation of laws and regulations, the provincial competent department of land and resources shall investigate the responsibility of the responsible person in accordance with the relevant provisions.
(two) strictly investigate and deal with the act of adjusting the floor area ratio without authorization. City and county planning departments shall, jointly with the competent departments of land and resources, carry out planning permission and completion verification of construction projects for development parcels in strict accordance with the determined volume ratio indicators. Construction projects that have been developed by stages should be planned and designed in a unified way, and the sum of the construction areas determined by the planning permission of each construction project must meet the requirements of the volume ratio index. Resolutely stop the unauthorized adjustment of the floor area ratio and other issues, and seriously investigate and deal with violations of discipline and law such as dereliction of duty and trading power and money in the planning change of construction land and floor area ratio adjustment by state organs.
(three) strictly investigate and deal with illegal acts in the construction and sale of commercial housing. City and county housing and urban construction (real estate, planning, housing security) departments should punish real estate development enterprises for breaking through the proportion of housing Xing Tao structure without authorization, failing to build affordable housing as required, unreasonably delaying the start and completion time, and violating the pre-sale time limit and method requirements, and timely notify the competent departments of land and resources, price, finance and other illegal and defaulting enterprises. The real estate administrative department shall, jointly with the relevant departments, establish a dynamic market supervision system, conduct daily inspections and on-the-spot inspections on the sales site of commercial housing, and promptly discover and severely investigate and deal with property hoarding, hoarding houses, false propaganda, driving up house prices and other illegal and default behaviors in the pre-sale of commercial housing.
The competent department of land and resources of the city and county shall, jointly with the competent department of housing and urban and rural construction, promptly investigate and deal with illegal land supply to villa projects and unauthorized changes in project planning and construction conditions.
(4) Increase the information disclosure of illegal real estate land. The competent departments of land and resources of all provinces (autonomous regions and municipalities) shall discover and investigate illegal real estate land on a quarterly basis, announce it to the public in the local media and the China land market website of the portal website of the Ministry of Land and Resources, and accept public supervision. At the same time, the list of illegal real estate enterprises will be copied to the housing and urban construction, state-owned assets, industry and commerce, financial supervision, securities and other departments. Timely, and cooperate with relevant departments to seriously implement the relevant provisions of the State Council 10. At the end of each quarter, the competent departments of land and resources of all provinces (autonomous regions and municipalities) shall report the relevant information to the Ministry of Land and Resources, which shall uniformly inform the society.
The Ministry of Land and Resources and the Ministry of Housing and Urban-Rural Development will guide, supervise and inspect the implementation of this notice in accordance with the requirements of document 1. 10 released by the State Council.
20 10 September 2 1 day