Heavy! Xi plans to introduce new regulations on publicity of commercial housing sales information

On August 28th, official website, the Housing and Urban-Rural Development Bureau of Xi, issued a public consultation notice entitled "Provisions on the Administration of Publicity of Commercial Housing Sales Information in Xi (Draft for Comment)". The notice pointed out that in order to further standardize the sales behavior of commercial housing, protect the legitimate rights and interests of buyers, and create an open, transparent, standardized and orderly environment for the development of the real estate market, the Xi Municipal Housing and Urban-Rural Development Bureau studied and drafted the "Regulations on the Administration of Publicity of Commercial Housing Sales Information in Xi (Draft for Comment)", and publicly solicited opinions and suggestions from all walks of life.

The exposure draft pointed out that in accordance with the work requirements of the city to speed up the establishment of the "four closed loops" and "five modernizations" management system for the regulation of the real estate market, the contents, duration and requirements of the publicity of commercial housing sales information were stipulated. Housing sales places and model houses should be set in permanent buildings, and unfavorable factors, such as waste gas, radiation, noise, smoke pollution, and uncertain factors of the project, such as educational resources, should be marked.

The original text of the notice is as follows:

(Xi Housing and Construction Bureau official website screenshot)

Attachment:

Xi Provisions on the Administration of Publicity of Commercial Housing Sales Information

(Draft for Comment)

In order to further standardize the commercial housing sales behavior, protect the legitimate rights and interests of buyers, and create an open, transparent, standardized and orderly environment for the development of the real estate market, according to the People's Republic of China (PRC) Urban Real Estate Management Law, the Measures for the Management of Commercial Housing Sales, the Measures for the Management of Urban Commercial Housing Pre-sale, and other laws, regulations and policies, and according to the work requirements of accelerating the establishment of the "four closed loops" and "five modernizations" management system for the real estate market regulation in our city, the contents of commercial housing sales information are now publicized.

First, the propaganda content

Real estate development enterprises and brokerage institutions to carry out commercial housing sales activities, should follow the principle of good faith, comprehensive and true publicity of the following information:

(1) enterprise information

1. Business license, qualification certificate and customer service telephone number of real estate development enterprise.

2. If sales are entrusted, the business license, power of attorney and contact telephone number of the entrusted real estate brokerage institution shall be publicized.

(ii) Project information

1. Construction land planning permit.

2 "State-owned construction land use right certificate" or "immovable property right certificate".

3. Construction project planning permit.

4. Construction permit.

5. Pre-sale permit for commercial housing.

6. The general plan of the approved construction project design scheme, building plan and elevation, building density, floor area ratio, greening rate and other major planning and design indicators.

7 parking spaces (garages) planning proportion, quantity, type, area, location, rental and sales methods, etc.

8. The location and area of comprehensive commercial, property service rooms, community office or activity rooms, substations, public toilets, garbage collection stations, kindergartens and other educational facilities and supporting facilities, such as residents' pension services.

9. Fully decorated commercial housing projects shall publicize the fully decorated contents, decoration standards and delivery requirements (including the names, brands, specifications and models of main decoration materials, and the names, brands, specifications, models and installation standards of facilities and equipment if there are indoor facilities and equipment), and set up special areas for displaying main building materials and facilities and equipment.

(3) Housing sales information

1. Purchase process guide. Including conditions, materials, time limit, etc. Purchase information registration, purchase qualification examination, online signing and filing of sales contracts, mortgage loans and other links.

2. Commercial housing sales plan.

3. Model text of commercial housing sales contract.

4. List of commercial housing sales.

5. Floor plan of the house (specify the width and depth of each room).

6. Xi 'an Commercial Housing Sales Price List and Xi 'an Commercial Housing Sales Price List (including information such as unit price and total price of each house).

7. Report on the results of real estate surveying and mapping issued by surveying and mapping institutions (including the construction area of each house, interior construction area, pool area and other information).

8. Don't refuse the buyer's commitment to use the housing provident fund loan.

9. If the project sets up land mortgage or building mortgage, it shall publicize the mortgage situation and the written opinion of the mortgagee agreeing to sell.

10. Name and supervision account number of the supervision bank for pre-sale funds of commercial housing.

1 1. Information such as the name of the commercial bank providing credit services, bank credit policy, service content, credit service supervision telephone number, etc.

12. Photos and names of all field sales personnel.

(4) information on unfavorable factors

1. Adverse information outside the red line. It mainly refers to the unfavorable factors outside the red line that may cause waste gas, radiation, noise and smoke pollution to the whole or some buildings of this project, including pollution, radiation, noise sources or dangerous places such as public toilets, garbage stations, transformers, communication base stations, roads, bridges, tunnels, railway stations, bus stations, oil and gas depots and dangerous goods warehouses.

2. Adverse information in the red line. It mainly refers to the unfavorable factors that may cause waste gas, radiation, noise and smoke pollution to the whole or part of the building within the red line, including pollution, radiation and noise sources such as public toilets, septic tanks, garbage stations, transformers, heat exchange stations, power distribution rooms, communication base stations, commercial buildings, property buildings, garage entrances and exits, and fitness places.

3. Unfavorable information of apartment type. Mainly refers to the known factors that may adversely affect the sight, lighting, air quality, decoration and use of some units, including facade modeling, external corridor, pipeline layer, flue, natural gas pipeline, indoor beam and column position and size, etc.

(V) Information on the uncertain factors of the project

1. Uncertain information of educational resources. Mainly refers to the school district or school corresponding to the commercial housing, which should be based on the admission policy of the year formulated by the competent education department, and the real estate development enterprise has no right to promise.

2. Other uncertain information related to the interests of the buyer.

(6) Property service information

1. Business license of property service enterprise.

2. Pre-property service contract.

3. Property service charges.

(7) Relevant policy documents

1. Measures for the Administration of Commercial Housing Sales (Decree No.88 of the Ministry of Construction).

2. Measures for the Administration of Pre-sale of Urban Commercial Housing (DecreeNo. Ministry of Construction 13 1).

3. Normative documents such as real estate regulation and control policies and registration of real estate rights implemented in our city.

(8) Online inquiry channels and complaint channels for project information.

1. The QR code of the commodity house project.

2.Xi 'an Commercial Housing Sales Behavior Credit Platform Complaint Guidelines.

3. Telephone complaints from the housing and construction departments within the jurisdiction.

4. If there is a group company, publicize the complaint telephone number and other complaint methods of the group company.

(nine) information required by laws and regulations or other competent departments.

Second, the publicity period

From the date of project sales to the end of all housing sales.

Third, the publicity requirements

(a) housing sales places, model houses should be set in permanent buildings. Landscaping, gardens and other landscapes displayed in the process of project sales should be constructed in strict accordance with the planning and design, and it is not allowed to mislead buyers by expanding the scope of landscape construction first and then dismantling it.

(two) the establishment of a model house, should be in the planned sales location or pre (now) sale of real estate (that is, physical buildings) to build qualified delivery of the model house. The actual delivery standard of the house should be consistent with the decoration standard of the model house. If the delivery standard is fully renovated, furniture, household appliances and other non-delivery facilities and equipment shall not be placed in the model room in principle. If it is really necessary to place it, it shall be marked with dimensions, and the non-delivery standard shall be clearly stated in a prominent position; If the delivery standard is blank, the model house should be displayed in blank form.

Encourage and promote the establishment of model houses in physical buildings, and truly show the house type, structure and area, decoration standards and construction quality. For proactive real estate development enterprises, open up a green channel, accept and review the filing of surveying and mapping results, pre-sale permit of commercial housing and existing home sales in advance, and speed up the progress of various procedures.

(3) The floor plan (model), sand table model and location schematic diagram displayed in the sales place shall be made in strict accordance with the planning and design and the size ratio (marking ratio), and icons and models inconsistent with the planning and design or reality shall not be made by exaggerating favorable factors or narrowing, weakening or concealing unfavorable factors.

(four) the contents required to be publicized in these Provisions shall be placed in a prominent, eye-catching and easy-to-read position in the sales place, and may be displayed through bulletin boards, brochures, inquiry machines, electronic screens, etc.

(five) the publicity column should be marked with the words "information publicity column", which can be displayed on the wall or hung on the wall; The cover of the brochure should be marked with the words "information brochure", the first page should indicate the catalogue and the corresponding page number, and the materials should be arranged in an orderly manner according to the catalogue order and placed in a fixed position.

(six) the construction land planning permit, state-owned land use right certificate (or immovable property certificate), construction project planning permit, construction permit, commercial housing pre-sale permit posted on the wall for centralized publicity.

(7) The QR code of this commercial house project shall be posted on the background map (downloaded and printed by the online filing system of commercial house of the Municipal Housing and Construction Bureau), and placed in a prominent position on the floor (the specification is not less than 80cm× 120cm). ?

(8) Put the full text of the Regulations, Information on Unfavorable Factors and Uncertain Factors of the Project and Complaint Guide of Xi 'an Commercial Housing Sales Integrity Platform (downloaded and printed by the online commercial housing filing system of the Municipal Housing and Construction Bureau) in a prominent position in the form of a floor stand (the specification is not less than 80cm× 120cm).

Fourth, other requirements.

(a) real estate development enterprises and brokerage institutions shall, in line with the principle of honesty and trustworthiness and legal operation, publish relevant information in a timely, accurate and comprehensive manner, and fully protect the buyers' right to know and fair trade. If the publicity content changes, it shall be updated in the sales place immediately, and the purchaser shall be informed in time.

Where houses are sold online through the Internet, the contents that should be publicized should also be publicized on the Internet item by item according to the publicity period required by this notice. If you show the model house through VR video, you should truly show the whole picture of the house and not conceal unfavorable information such as apartment type.

(2) Real estate development enterprises and brokerage agencies should strengthen the training and assessment of sales personnel to ensure that sales personnel are familiar with policies and processes such as project planning and design, project construction progress, housing sales, finance and credit, tax payment and real estate registration. Sales personnel shall, in accordance with the requirements of these Provisions, introduce the contents of publicity to the buyers item by item to avoid transaction disputes caused by incomplete and inaccurate information introduction.

(3) The Housing and Construction Bureaus of all districts and counties and the housing and construction departments of all development zones shall check the information publicity of all projects before the opening, and keep video materials such as sand tables and model houses. Enterprises that do not meet the requirements of publicity should be guided to rectify within a time limit; Refuse to rectify, suspend its use of commercial housing online signing filing system and incorporate it into enterprise credit files.

Five, the provisions shall come into force as of 2020, valid for five years.

Source: Xi Housing and Construction Bureau