What are the conditions for pre-sale of houses?
1. The pre-seller of commercial housing must have paid all the land use right transfer fees to the competent government departments and obtained the land use right certificate according to law. The premise of pre-selling houses is that real estate developers must hold construction project planning permits. In addition, according to the calculation of pre-sale commercial housing, the developer must invest more than 25% of the total construction funds, and have determined the construction progress and completion delivery date before the house can be pre-sold to the buyer.
2. The pre-seller of commercial housing shall go through the pre-sale registration with the real estate management department of the people's government at or above the county level and obtain the pre-sale permit certificate of commercial housing. The pre-sale of commercial housing shall, in accordance with the relevant provisions of the state, report the pre-sale contract to the real estate management department and land management department of the people's government at or above the county level for registration. There is also the proceeds from the pre-sale of commercial housing, which must be used for related engineering construction.
Can I buy a house without a pre-sale certificate?
In real life, it is not uncommon for developers to sell houses without pre-sale permits. As a property buyer, all you have to do is never buy such a property, because buying a house without a pre-sale permit is very risky.
1, unfinished project.
One of the reasons why developers can't get the pre-sale permit is that the progress of the project can't meet the specified requirements. In this case, developers generally charge a certain subscription fee to the buyers first, and then sign a house sales contract with the buyers after obtaining the pre-sale permit. The project was forced to stop work because of insufficient funds and other problems, which easily made the buyers fall into a situation where money and houses were empty.
2. Unable to obtain the certificate of land use right.
Even if there is a complete planning and construction plan, the property failed to get the pre-sale permit because the developer did not go through the formalities of transferring the right to use state-owned land. In this case, the developer can only sell the state-owned land by paying the transfer fee and obtaining the certificate of state-owned land use right. If the developer doesn't pay this fee, even if you buy a house, you won't get the land use certificate.
This house may be demolished at any time.
Developers built houses on collective land, but did not go through the land acquisition procedures and could not get the pre-sale permit. At this time, the house you bought is a "small property right house". According to the regulations, the construction of small property houses is illegal. If the project construction procedures cannot be completed, the property will face the risk of being demolished at any time and will not be compensated accordingly.