Recently, the "loan suspension" incident in many places has attracted attention. According to CCTV Financial Report, on July 14, the person in charge of the relevant departments of the CBRC responded that recently, some real estate enterprises were concerned about the problem of delaying the delivery of houses, and the key to this matter was to "guarantee the delivery of houses", which the CBRC attached great importance to. In the next step, the CBRC will guide financial institutions to participate in risk disposal in a market-oriented way, strengthen cooperation with the housing and construction departments and the People's Bank of China, and support local governments to actively promote the work of "ensuring production, people's livelihood and stability".
On July 14, a number of banks announced that they would investigate risky real estate. According to incomplete statistics, as of the evening of the same day, ICBC, Agricultural Bank, China Bank, China Construction Bank, Industrial Bank, China Merchants Bank and other 16 banks have announced their investigation.
At the same time, local governments have also taken action. 14 In July, in order to effectively prevent the problem of delayed delivery of commercial housing, the Housing and Construction Bureau of Xi City, Shaanxi Province and other five departments jointly issued 13 measures, including ensuring compliance of land purchase funds, supervising the whole process of project construction, fully recording pre-sale funds, strictly allocating standards, consolidating bank responsibilities, and improving real estate credit management.
In addition, Cangzhou City, Hebei Province recently issued the "Measures for the Supervision of Commercial Housing Pre-sale Funds in Cangzhou City (Draft for Comment)", clearly stating that all commercial housing pre-sale funds should be deposited into the supervision account. After the establishment of the supervision account, the words "the purchase price does not enter the supervision account, this contract is invalid, and the buyer and the seller can terminate it at any time" must be indicated in the commercial housing sales contract.
The insiders believe that Xi 'an policy is the first policy to delay the delivery of houses in China, which has released a very strong signal. Its core content is to strengthen the supervision of pre-sale funds, and at the same time strictly control the radical behavior of housing enterprises from the land purchase link to prevent housing enterprises from illegally taking land and forming risks; The establishment of "one project, one file" system has a binding effect on the management of real estate; Standardizing and managing the pre-sale work will help prevent illegal buildings from entering the real estate market, which will lead to the risk being transferred to buyers.
Xi 'an 13 Measures to Prevent the Increase of Delayed Delivery
On July 14, five departments, including Xi Housing and Construction Bureau, Municipal Natural Resources and Planning Bureau, Municipal Urban Management Comprehensive Law Enforcement Bureau, Municipal Finance Bureau, and Business Management Department of Xi Branch of China People's Bank, jointly issued the Notice on Printing and Distributing Incremental Measures to Prevent Delayed Delivery of Commercial Housing, including ensuring compliance of land purchase funds, supervising the whole process of project construction, fully recording pre-sale funds, strictly allocating standards, consolidating bank responsibilities, and improving real estate credit management.
In strengthening the supervision of commercial housing pre-sale funds, first, the funds should be fully accounted for. Pre-sale funds of commercial housing (including all housing funds in the form of down payment, down payment and housing loan) should be directly deposited into a special supervision account for supervision, and development enterprises may not directly collect or set up another account to store the housing funds of buyers.
The second is strict distribution standards. Before the completion and acceptance of the main structure of commercial housing projects, the cumulative use of key supervision funds shall not exceed 50% of the total; Before the completion acceptance, it shall not exceed 95%; Before the completion acceptance for the record, it shall not exceed 99%; After the real estate is registered for the first time, the remaining 1% can be withdrawn. Among them, for buildings with more than 7 floors, before the total number of floors reaches 1/3 and 2/3, the cumulative use of key supervision funds shall not exceed 20% and 35% of the total amount respectively.
The third is to strengthen technical support. Support regulatory banks to track the entry of house purchase loans and ensure that house purchase loans are deposited in special regulatory accounts.
The fourth is to strengthen accounting. The housing and construction departments in each jurisdiction shall check with the regulatory banks at least once a month. If it is found that the development enterprise illegally misappropriates key supervision funds, it shall immediately stop allocating them and investigate and deal with them according to law.
The fifth is to consolidate bank responsibilities. If a commercial bank violates the pre-sale fund supervision agreement and allocates supervision funds without the verification and consent of the housing and construction department under its jurisdiction, it shall be responsible for recovering the funds; If it cannot be recovered, it shall bear the corresponding liability for compensation according to law.
In terms of ensuring the compliance of land purchase funds, the New Deal requires that development enterprises participating in the bidding for commercial housing land must use their own compliance funds, and shareholders of bidding enterprises shall not provide loans, loans, guarantees or other related financing facilities to them in violation of regulations. Land purchase funds shall not directly or indirectly use all kinds of financing funds of financial institutions, loans or prepayments of upstream and downstream affiliated enterprises of the real estate industry chain, loans of other natural persons, legal persons and unincorporated organizations, and financing of non-real estate enterprises controlled by bidding enterprises. After examination, if there are non-self-owned funds bidding for commercial housing land, the bidding qualification will be cancelled and the bid bond paid will not be refunded.
In addition, the New Deal also proposes to establish a "one project, one file" system in the whole process of engineering construction supervision; Strengthen the management of pre-sale permit of commercial housing, and clarify the image progress standard; In improving the credit management of real estate, if the development enterprise fails to deliver the house on schedule, causing mass incidents and causing serious social impact, it will be recorded as an enterprise with poor credit rating, publicized to the public and dealt with in accordance with relevant regulations.
The first policy of delaying delivery in China.
For Xi's New Deal, Yan Yuejin, research director of the think tank center of Yiju Research Institute, believes that this is the first policy in China aimed at delaying the delivery of houses, which has released a very strong signal significance.
Yan Yuejin pointed out that the core of this policy is to strengthen the supervision of pre-sale funds, and mentioned more comprehensive supervision contents such as full accounting of funds, strict disbursement standards, strengthening technical support, strengthening financial verification, and consolidating bank responsibilities. Among them, full payment of funds, strict disbursement standards and solid bank responsibility are the requirements put forward by buyers, so this time it was also written into the document. Strengthening technical support and financial check is an innovative content, which is helpful to better implement the fund supervision work.
Yan Yuejin believes that the significance of "strictly implementing the land transfer regulations and ensuring the compliance of land purchase funds" proposed by the New Deal is that the recent delay in handing over houses is related to the previous active land acquisition. In other words, in the past, some enterprises that took land borrowed illegally and took land with high leverage, which led to excessive force. In the current enterprise project development process, they will be at a loss, objectively making the house prone to work stoppage and other issues, and triggering various rights protection issues. Therefore, from this perspective, Xi 'an's regulations on land are actually aimed at standardizing the operation of housing enterprises in the process of land acquisition, and preventing housing enterprises from illegally taking land and forming risks.
In addition, the policy is clear, the whole process of project construction is supervised, and the system of "one project, one file" is established. Yan Yuejin thinks this is the idea of "understanding real estate", which has a positive effect on closely monitoring the trend of real estate construction and finding problems and hidden dangers as soon as possible. It also has a binding effect on the operation of all kinds of real estate, which promotes the transparency and standardization of the real estate construction process. In addition, the policy has a positive effect on the standardization and management of pre-sale work, which helps to prevent some illegal properties from entering the property market, leading to the transmission of risks to buyers.
Measures for the supervision of pre-sale funds in Cangzhou for comments
On July 12, Cangzhou City issued "Supervision Measures for Pre-sale Funds of Commercial Houses in Cangzhou City (Draft for Comment)", clearly stating that all funds for pre-sale of commercial houses should be deposited into the supervision account. After the establishment of the supervision account, the words "the purchase price has not entered the supervision account, and this contract is invalid, and the buyer and the seller can terminate it at any time" must be indicated in the commercial housing sales contract.
According to the exposure draft, all the funds for pre-sale of commercial housing should be deposited in the supervision account, and the supervision bank should focus on the amount of funds used for construction, equipment installation, material procurement and supporting construction projects in the supervision account (hereinafter referred to as "the amount of key supervision funds"). The amount of key supervision funds should be determined according to the actual situation of the project, and the calculation method is: the total planned construction area of the project ×4000-4500 yuan/_.
At the same time, it takes a long time for real estate development enterprises to sell new commercial housing, and the pre-sale funds collected by the supervision account can not reach the quota of key supervision funds. An irrevocable cash guarantee at sight can be issued by a qualified commercial bank or financial institution other than its supervision bank, and the amount of key supervision funds with the same amount can be exempted. Real estate development enterprises should promise that there is no breach of contract before the expiration of the guarantee period. In case of breach of the letter of guarantee, the regulatory authorities shall, in accordance with regulations, initiate a claim against the bank or institution that issued the letter of guarantee, and the amount of the claimed funds shall be the key regulatory funds that have been allocated through the letter of guarantee of the bank or institution.
In addition, a direct collection mechanism for pre-sale funds of commercial housing will be established, and buyers will directly deposit the purchase money (including various forms of purchase money such as deposits) into the special equipment for supervision accounts set up by the sales offices of supervision projects. If the purchaser applies for mortgage loan, the loan bank or housing provident fund management center will directly issue mortgage loan or housing provident fund loan to the supervision account.
In addition, if the supervision bank, in violation of the provisions of these measures, refuses to accept, refuses to pay or disburses the pre-sale funds of commercial housing without authorization, or uses the pre-sale funds in violation of regulations, resulting in the misappropriation of the pre-sale funds and the failure to complete the project on schedule, it shall be handled by its superior competent department according to law and shall not undertake the supervision of the pre-sale funds of commercial housing; If a crime is constituted, criminal responsibility shall be investigated according to law.
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