Text of the notice on further strengthening the supervision of the real estate market and improving the pre-sale system of commercial housing

(A) to strengthen the supervision of the pre-sale of commercial housing. Real estate development enterprises are not allowed to pre-sell commercial housing projects without pre-sale permits, nor are they allowed to collect deposits, prepayments and other fees from buyers in disguised form by subscribing, booking, lottery, issuing VIP cards, or participate in any exhibition activities. For commercial housing projects with pre-sale permits, real estate development enterprises should publicize all the houses to be sold and the source price of each suite at one time within 10, and sell them in strict accordance with the declared price. Real estate development enterprises are not allowed to sell their own houses before the initial registration of house ownership, not to pre-sell commercial houses by returning to the original sales or after-sales charter, and not to engage in false transactions.

(two) severely investigate and deal with illegal acts such as hoarding. All localities should intensify the investigation and punishment of illegal acts such as hoarding and price gouging. We must seriously investigate and punish those who have obtained the pre-sale permit, but have not publicly sold all the houses for sale within the specified time, and those who deliberately sell excessively high or artificially create tight houses by signing false commercial housing sales contracts.

(3) Strengthen the supervision of real estate sales agents and real estate brokers. Commercial housing sold as an agent shall be entrusted to a real estate brokerage institution for filing in the real estate department. Real estate brokerage institutions shall publicize the brokerage service items, service contents and charging standards in a prominent position; Additional extended services should be explained to the parties in advance, and clearly stipulated in the entrustment contract, and fees such as book agency fees and bank mortgage service fees should not be broken down and forcibly charged. Real estate intermediaries and employees are not allowed to speculate on selling house numbers, earn the difference in the process of agency, sign "Yin-Yang contracts" for illegal transactions, publish false information and unverified information, and create a false atmosphere of strong sales through internal subscription, hiring people to queue up, etc.

(4) Strengthening the management of commercial housing sales contracts. All localities should improve the model text of commercial housing sales contracts and actively implement the online signing and filing system of commercial housing sales contracts. The model text of the commercial housing sales contract shall clearly stipulate the quality and performance of the commercial housing, the ownership, delivery conditions and liability for breach of contract of the property club, parking spaces and other facilities, and take the "Residential Quality Guarantee" and "Residential Instruction Manual" as annexes to the contract. A real estate development enterprise shall make it clear to the purchaser before concluding a contract for the sale of commercial housing.

(5) Improve the real estate information disclosure mechanism. All localities should strengthen and improve the construction of real estate market information system, and timely and accurately announce market information to the society. City and county real estate departments shall promptly disclose to the public the approved pre-sale information, saleable real estate and housing information, as well as the investigation and punishment of illegal acts. Real estate development enterprises should express the pre-sale permit, the pre-sale plan of commercial housing, the qualification of development and construction units, and the filing of real estate brokerage agencies acting as sales agents. At the sales site.

(six) to encourage the implementation of commercial housing sales pilot. All localities can formulate measures for the management of commercial housing sales in light of local conditions, and encourage and guide real estate development enterprises to sell commercial housing. The sale of commercial housing should meet the sales conditions stipulated in the Measures for the Administration of Commercial Housing Sales; Before the sale of commercial housing, real estate development enterprises shall submit the relevant certification documents and real estate development project manuals that meet the sales conditions to the real estate development authorities for the record. (1) Strictly manage the pre-sale permit of commercial housing. All localities should reasonably determine the minimum scale of pre-sale permit for commercial housing projects and the requirements for project image progress in light of local conditions. The minimum size of the pre-sale permit shall not be less than the building size, and the pre-sale permit shall not be handled in layers and units. In areas with insufficient housing supply, it is necessary to establish a green channel for pre-sale permit of commercial housing, improve administrative efficiency, and support commercial housing projects with pre-sale conditions to apply for pre-sale permit as soon as possible.

(2) Strengthen the management of pre-sale scheme of commercial housing. Real estate development enterprises should sell commercial housing in accordance with the pre-sale plan of commercial housing. The pre-sale plan shall include the basic information of the project, the construction progress, the number of houses to be pre-sold, the prediction and distribution of the area, the specific scope of public facilities, the pre-sale price and its range of change, the supervision and implementation of pre-sale funds, the subject and method of housing quality responsibility, housing energy consumption indicators and energy-saving measures. If the main contents of the pre-sale plan are changed, it shall be reported to the competent department for record and publicity.

(3) Improve the supervision mechanism of pre-sale funds. All localities should speed up the improvement of the supervision system of commercial housing pre-sale funds. Where the supervision system has not been established, it is necessary to speed up the formulation of supervision measures for the pre-sale funds of commercial housing in the region. The pre-sale funds of commercial housing should be fully included in the supervision account, and the supervision institution is responsible for supervision to ensure that the pre-sale funds are used for the construction of commercial housing projects; Pre-sale funds can be allocated according to the construction progress, but sufficient funds must be reserved to ensure the completion and delivery of construction projects.

(4) Strict management of pre-sale and check-out of commercial housing. Commodity housing strictly implements the real-name registration system for purchasing houses, and the name of the purchaser shall not be changed without authorization after subscription. All localities should standardize the booking behavior of commercial housing and limit the booking quantity of saleable houses. If the purchaser fails to sign the pre-sale contract within the specified time after booking the commercial house, the reservation shall be cancelled and the cancelled house shall be sold publicly. If the contract for the sale of commercial housing that has been signed for online filing needs to be terminated through consultation between both parties, both parties shall apply and explain the reasons, and the returned housing shall be sold publicly. (1) Defining the delivery conditions of commercial housing. All localities should formulate local commercial housing delivery conditions according to laws and regulations and relevant construction standards. The conditions for the delivery of commercial housing should include: the project has passed the completion acceptance and filed with the local competent department, the supporting infrastructure and public facilities have been completed and meet the use requirements, the installation of household heat metering devices in the northern region meets the design requirements, the system of residential quality guarantee and residential instruction manual has been implemented, the main body responsible for the quality of commercial housing has been clarified, and the previous property management has been implemented. The real estate development enterprise shall present the above-mentioned relevant certification materials to the purchaser when delivering the commercial housing.

(2) Improve the delivery system of commercial housing. All localities should establish and improve the management system for the delivery and use of commercial housing to ensure that the quality, energy saving and environmental protection performance, supporting infrastructure and public facilities of commercial housing projects meet the basic requirements for delivery and use. Conditional places can learn from the experience of Shanghai, Shandong and other places and improve the delivery system of new commercial housing through local legislation. All localities should strengthen the management of commodity housing completion and acceptance, and actively promote the household acceptance system of commodity housing project quality. The northern region should strengthen the acceptance management of the installation of household heat metering devices for commercial housing.

(three) the implementation of pre-sale commercial housing quality responsibility. Real estate development enterprises should bear the main responsibility for the quality of commercial housing they develop and build, and units such as survey, design, construction and supervision should bear corresponding responsibilities according to the provisions of relevant laws and regulations or the contract. The legal representatives, project leaders, technical leaders and registered practitioners of real estate development enterprises, survey, design, construction and supervision units shall bear corresponding responsibilities according to their respective responsibilities. If there are quality problems in the pre-sale of commercial housing, the purchaser has the right to ask the real estate development enterprise to bear the responsibility and compensate the corresponding losses according to laws, regulations and contracts. After taking responsibility, the real estate development enterprise has the right to hold the relevant units and individuals responsible for the quality problems.

(4) Strengthen the quality assurance mechanism for the pre-sale of commercial housing. The pre-sale plan submitted by a real estate development enterprise with provisional qualification when applying for the pre-sale permit of commercial housing shall specify the subject responsible for the quality of commercial housing after liquidation such as bankruptcy and dissolution of the enterprise, and the subject responsible for the quality shall provide a letter of guarantee. The subject of quality responsibility must have independent legal person qualification and corresponding compensation ability. All localities should regard whether real estate development enterprises establish a commodity housing quality assurance system as an important content of enterprise qualification management. All localities should encourage the implementation of the pre-sale commercial housing quality guarantee system and study and establish a professional maintenance system. (a) to conduct a comprehensive clean-up of pre-sale commercial housing projects. All localities should clean up all commercial housing projects under construction in the near future. Check the commodity housing projects that have obtained the pre-sale permit one by one, accurately grasp the number of commodity housing that has been pre-sold, the number of commodity housing that is being pre-sold and the number of commodity housing that has not yet opened, and make the clean-up public; For commercial housing projects that have not yet opened, real estate development enterprises should be instructed to sell them publicly within a time limit. Municipalities directly under the central government, provincial capital cities (capital cities of autonomous regions) and cities with separate plans should report the cleaning results to the Ministry of Housing and Urban-Rural Development before the end of June this year.

(2) Intensify the investigation and punishment of violations of laws and regulations. All localities should strengthen the supervision of real estate market behavior and increase the investigation and punishment of illegal acts through the way of making real estate information online public, setting up telephone numbers to report complaints and on-site inspections. For items with high check-out rate, abnormal price and concentrated consumer complaints, we should focus on verification. Those who violate laws and regulations shall be ordered to make rectification within a time limit and recorded in the real estate credit file, and the online signing of commercial housing may be suspended; Those who refuse to make rectification will be severely punished according to law until their qualification as development enterprises is cancelled, and relevant information will be notified to the relevant departments of land, taxation, finance, industry and commerce to restrict their participation in land purchase, financial credit and other activities.

(3) Strengthen real estate credit management. All localities should actively expand the function and coverage of real estate credit files, play the role of credit files, and incorporate sales behavior, housing quality, delivery, information disclosure and other aspects into the real estate credit system. Credit files should be used as the basis for evaluating the qualifications of enterprises. Illegal sales, serious quality problems, delivery of houses that do not meet the delivery conditions, untimely and inaccurate information disclosure, etc., are recorded in the credit files of real estate development enterprises and publicly exposed.

(4) Strict accountability system for relevant personnel. All localities should strengthen the accountability of those responsible for illegal enterprises. The legal representatives and responsible persons of real estate development enterprises that caused major engineering quality accidents, regardless of their positions and positions, should be investigated for corresponding responsibilities according to law. Relevant staff who are ineffective and dereliction of duty in the management of pre-sale commercial housing should be investigated for administrative responsibility according to law; For those who abuse power for personal gain and neglect their duties, the administrative and legal responsibilities of the relevant responsible persons shall be investigated according to the law and regulations.

(five) the implementation of the supervision and inspection responsibility system. All localities should strengthen the management functions of the real estate sector and strengthen the construction of law enforcement teams in the real estate market. Provincial housing and urban-rural construction departments should strengthen the guidance and inspection of the supervision of the city and county (district) real estate market. City, county (District) real estate departments should establish a dynamic supervision system of commercial housing market and strengthen on-site inspection of sales; Construction, planning and other departments should strengthen supervision according to their respective responsibilities. All departments should strengthen cooperation, communication and cooperation, and establish and improve the mechanism of information sharing, information notification and joint investigation and punishment of illegal acts. All localities should unblock the channels for reporting complaints, attach importance to and support public opinion supervision, actively and properly handle contradictions and disputes, and timely announce the results.

The market supervision of other commercial houses shall be implemented with reference to this notice.

Ministry of housing and urban-rural development of the people's Republic of China

20 10 April 13