Has Gu 'an lifted the purchase restriction? 2022

It's lifted. In meeting the reasonable capital demand of the real estate industry, it is planned to increase the investment in qualified individual housing mortgage loans to meet the financing demand in time. Reasonably determine and promote the implementation of the minimum down payment ratio of commercial personal housing loans; For households who purchase ordinary self-occupied housing by loans, the lower limit of the interest rate of the first set of commercial personal housing loans is adjusted to not less than the quoted interest rate of the loan market minus 20 basis points in the same period, and the weighted average interest rate of new personal housing loans in August 2022 in the city is lower than that in April by 30 basis points; The lower limit of the interest rate policy for two sets of commercial personal housing loans shall be implemented according to the existing regulations.

At the same time, further reduce the down payment ratio of housing provident fund loans. If the paid employees use the housing provident fund loan to purchase the first family-occupied housing, the down payment ratio shall not be less than 20%. For the paid workers' families who own 1 house and have settled the corresponding housing loan, they should apply for housing provident fund loans again to buy ordinary self-occupied houses, and the down payment ratio should not be less than 20%. For the paid employee families who own 1 apartment but have not settled the corresponding commercial personal housing loans, they should apply for housing provident fund loans again to buy ordinary self-occupied housing, and the down payment ratio should not be less than 30%.

In terms of fully ensuring the reasonable housing demand of imported talents, the policy proposes that all localities can subsidize the introduction of high-end talents [the specific scope is determined by counties (cities, districts) in combination with the actual situation, and the maximum loan amount of housing provident fund is increased; Renting a house locally can give rent subsidies.

In terms of opening channels for resettlement housing, affordable rental housing and stock commercial housing, the policy is clear, and it supports all localities to use stock commercial housing as an important channel to raise resettlement housing for shantytown renovation, urban village renovation and affordable rental housing in light of local conditions. Allow the resettled people to choose monetary resettlement, off-site physical resettlement and off-site resettlement independently.

Accelerate the construction of "online hall" mode for housing transactions, promote the integrated application of "online service platform and offline service window", and improve the efficiency of online endorsement service for newly-built commercial housing and stock houses. Through information sharing and window extension, we will gradually promote the work of "issuing certificates upon arrival" of commercial housing. During the epidemic prevention and control period, real estate development enterprises and real estate brokers are encouraged to actively build trading platforms.

Is the purchase restriction policy illegal?

According to Article 8 of the Civil Code: "Civil subjects engaged in civil activities shall not violate laws, public order and good customs", that is, the general interests of society, including national interests, social economic order and social public interests. Restrict the purchase of commercial housing and thoroughly curb speculation and excessive investment. It is the embodiment of public order. Therefore, the purchase behavior that violates the purchase restriction policy is a violation of public order and good customs.

Therefore, the legal basis for the government to formulate the purchase restriction policy is Article 8 of the Civil Code, so it is not illegal.

legal ground

Six policies and measures to support the virtuous circle and healthy development of the real estate industry,

first

People's Republic of China (PRC) Civil Code

Article 143

A civil juristic act that meets the following conditions is valid:

(1) The actor has corresponding capacity for civil conduct;

(2) the meaning is true;

(three) do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Therefore, strictly speaking, the purchase restriction policy does not belong to the effective and mandatory provisions of laws and administrative regulations. Therefore, the house sales contract signed by both parties that violates the purchase restriction policy will not be invalid because it violates the purchase restriction policy.