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 construction administrative departments and land management departments 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 within the administrative area of this province.
City, county (city) people's government real estate management departments, land management departments in accordance with their respective responsibilities, responsible for the supervision and management of real estate transactions within their respective administrative areas.
Industry and commerce, finance, taxation, prices, 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.
City, county (city) people's government shall be submitted to the provincial people's government to determine that a department shall be responsible for real estate management and land management, issue a unified certificate of real estate ownership within the administrative area of the city and county (city), confirm and change the land use right within the scope of housing ownership and housing occupation according to law, and load the certificate of real estate ownership respectively. If a department is not determined to be responsible for real estate management and land management, the people's government of the city or county (city) shall organize and coordinate the real estate management department and the land management department, uniformly accept the application for registration of real estate transactions in one place, and issue the certificate of real estate ownership. Seventh provincial people's government finance, price, construction, land and other departments shall strictly implement the provisions of the state on administrative fees for real estate transaction management, and shall not continue to charge or charge fees that have been explicitly cancelled by the state in disguise. City, county (city) people's government and its finance, price, real estate, land 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 law, 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;
(II) After the signing of the transfer contract, the parties involved in the transfer of real estate shall apply for the registration of the transfer of house ownership with the certificate of real estate ownership or house ownership certificate, the certificate of state-owned land use right and deed tax payment certificate, the legal certificate of the parties and the transfer contract;
(three) the real estate management department to review the relevant materials submitted by the parties, in line with the provisions of the preceding paragraph, to be accepted; If it refuses to accept or needs supplementary materials, it shall inform the parties concerned within three working days from the date of accepting the application and explain the reasons;
(four) the real estate management department shall, within ten working days after accepting the application for registration of the transfer of ownership of the house by the parties to the real estate transfer, approve the registration and issue the certificate of ownership of the house;
(five) the transferee of real estate applies to the land management department for registration of change of land use right, and the land management department shall approve the registration and issue the land use right certificate within ten working days after receiving the application.
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.