The real estate transactions mentioned in these Regulations include real estate transfer, real estate mortgage and house lease. Article 3 The transfer, mortgage and lease of the right to use state-owned land obtained by transfer or allocation shall meet the conditions and requirements stipulated in the Law of People's Republic of China (PRC) Municipality on Urban Real Estate Management, the Law of the People's Republic of China on Land Management and the Regulations of Jiangsu Province on Land Management. Article 4 Real estate transactions shall follow the principles of legality, fairness, voluntariness and good faith. Article 5 The competent departments of housing, urban and rural construction and natural resources of the provincial people's government shall, in accordance with the functions and powers prescribed by the provincial people's government, carry out their duties and cooperate closely to manage real estate transactions and real estate registration within the administrative area of this province.
City, county (city) people's government real estate management departments, natural resources departments in accordance with their respective responsibilities, responsible for the supervision and management of real estate transactions and real estate registration within their respective administrative areas.
Market supervision and management, finance, taxation, development and reform, the People's Bank and other relevant departments shall, in accordance with their respective responsibilities, do a good job in the management of real estate transactions. Article 6 Local people's governments at or above the county level and their relevant departments shall make public the conditions, simplify the procedures, improve the efficiency and facilitate the parties when handling the real estate transaction procedures. Article 7 The departments of finance, development and reform, housing and urban and rural construction, natural resources and other departments of the provincial people's government shall strictly implement the provisions of the state on administrative fees for real estate transaction management, and shall not continue to charge fees or charge fees in disguised form. City, county (city) people's government and its finance, development and reform, real estate, natural resources and other departments shall not set their own real estate transaction management fees. Fees for real estate transaction services shall be charged on a per-time basis, unless otherwise stipulated by the state.
The charging items and charging standards shall be publicized at the place where the application for registration of real estate transactions is accepted. Parties to real estate transactions have the right to refuse illegal charges. Article 8 The municipal people's governments of provinces and districts shall formulate specific measures to simplify transaction procedures, reduce transaction costs, and encourage and support housing reform and listing of affordable housing. Chapter II Transfer of Real Estate Article 9 The transfer of real estate refers to the act of the owner of real estate transferring his real estate to others through sale, gift or other legal means.
Other lawful means mentioned in the preceding paragraph mainly refer to:
(1) Real estate exchange;
(2) Paying off debts with real estate;
(three) the real estate shares, and others jointly set up an enterprise as a legal person, and the ownership of the real estate has changed;
(four) the enterprise is acquired, merged or merged, and the ownership of real estate is transferred. Article 10 Unless otherwise provided by laws and administrative regulations, the transfer of real estate shall be conducted in accordance with the following procedures:
(a) the parties to the real estate transfer signed a written transfer contract, in accordance with the relevant provisions of the state and the province for online housing signing for the record.
(two) the parties to the real estate ownership certificate and deed tax payment certificate, the legal certificate of the parties, the transfer contract, to the real estate registration agency to apply for the transfer of housing ownership registration.
(three) the real estate registration agency shall examine the relevant materials submitted by the parties and accept them if they meet the provisions of the preceding paragraph; If it refuses to accept or needs supplementary materials, it shall inform the parties concerned on the spot and explain the reasons.
(four) the real estate registration agency shall go through the formalities for the registration of the change of real estate ownership within the prescribed time limit, and if it meets the registration conditions, it shall approve the issuance of the real estate ownership certificate.
Real estate prohibited from being transferred by laws and administrative regulations shall not be transferred. Eleventh buildings designed as independent complete houses shall not be divided and transferred, and ancillary facilities, equipment and parts used for supporting houses shall not be divided and transferred separately. Twelfth commercial housing should meet the following conditions:
(1) The real estate development enterprise has the business license of legal person and the qualification certificate of real estate development enterprise;
(two) have paid all the land use rights transfer fees, and obtained the certificate of state-owned land use rights;
(3) Holding a construction project planning permit and a construction permit;
(4) It has passed the completion acceptance;
(five) a report on the surveying and mapping results of the housing construction area issued by a qualified real estate surveying and mapping agency;
(six) the demolition and resettlement plan has been implemented;
(seven) water supply, power supply, gas, communications and other supporting infrastructure and public facilities have delivery conditions;
(8) The property management plan has been implemented.
Real estate development enterprises shall, before the sale of commercial housing, submit the real estate development project manual and relevant supporting documents that meet the conditions for the sale of commercial housing to the real estate management department for the record. Thirteenth pre-sale of commercial housing, should meet the following conditions:
(1) The real estate development enterprise has the business license of legal person and the qualification certificate of real estate development enterprise;
(two) have paid all the land use rights transfer fees, and obtained the certificate of state-owned land use rights;
(3) Holding a construction project planning permit and a construction permit;
(four) according to the pre-sale of commercial housing, the investment in development and construction has reached more than 25% of the total investment in engineering construction, and the construction progress and completion delivery date have been determined.
Real estate development enterprises shall apply to the real estate management department for pre-sale registration of commercial housing with the supporting documents, construction contracts, pre-sale plans and pre-sale plans specified in the preceding paragraph. The real estate management department shall give a reply of approval or disapproval within ten days from the date of receiving the application for pre-sale of commercial housing. Agree to the pre-sale, it shall issue a pre-sale permit for commercial housing; Do not agree with the pre-sale, it shall explain the reasons.
Without obtaining the pre-sale permit of commercial housing, commercial housing may not be pre-sold.
The real estate management department shall regularly publish the information on the issuance of pre-sale permits for commercial housing and provide free inquiry services.