What is Wuhan's policy of handling two certificates for historical houses?

Opinions of Wuhan Municipal People's Government on further accelerating the settlement of historical issues left over from the handling of some housing ownership certificates and state-owned land use certificates in our city

Source: Wuhan Municipal People's Government website

Opinions of the Municipal People's Government on further speeding up the settlement of some housing ownership certificates and state-owned land use certificates in our city.

Wu Zheng Gui [2013] No.8

District People's governments and departments of the Municipal People's government:

In order to further speed up the solution to the problems of some people's housing ownership certificates and state-owned land use certificates (hereinafter referred to as the "two certificates") left over from the history of our city, effectively protect the legitimate rights and interests of buyers (including residents who have been demolished and rebuilt, the same below), and maintain social harmony and stability, we hereby put forward the following opinions through research:

I. Organizational leadership

The establishment of the Municipal People's Government is headed by the deputy mayor, and the deputy secretary general of the Municipal People's Government is the deputy head. Municipal Housing Security and Housing Management Bureau, Municipal Land Planning Bureau, Municipal Urban and Rural Construction Committee, Municipal Legislative Affairs Office, Municipal Finance Office, Municipal Bureau for Letters and Calls, Municipal Supervision Bureau, Municipal Urban Management Committee, Municipal Administration for Industry and Commerce, Municipal Finance Bureau, Municipal Local Taxation Bureau, Municipal Public Security Bureau, Jiang 'an, Jianghan, Qiaokou, Hanyang, Wuchang, Qingshan and Hongshan District People's Governments are responsible for solving some housing "two certificates" problems in the whole city.

The Municipal Leading Group has an office located in the Municipal Housing Security and Housing Management Bureau. The director of the Municipal Housing Security and Housing Administration concurrently serves as the director of the office, and the relevant responsible persons of the Municipal Bureau of Land Planning, the Municipal Urban and Rural Construction Committee, the Municipal Legislative Affairs Office, the Municipal Bureau for Letters and Calls, the Municipal Supervision Bureau, the Municipal Administration for Industry and Commerce, the Municipal Finance Bureau and the Municipal Local Taxation Bureau are members, responsible for implementing the decisions and opinions of the leading group, establishing a working mechanism, and organizing the implementation of related work to solve the problems left over from the history of the "two certificates".

The people's governments of Jiang 'an, Jianghan, Qiaokou, Hanyang, Wuchang, Qingshan, Hongshan and other districts should also establish corresponding work classes and work systems to be responsible for accepting and handling specific problems left over from the history of the "two certificates" within their respective jurisdictions.

Second, the scope of treatment

The following houses in Jiang 'an, Jianghan, Qiaokou, Hanyang, Wuchang, Qingshan and Hongshan districts of our city that have not handled the "two certificates" due to incomplete construction procedures and have no ownership dispute are included in the scope of handling the historical issues left over by the "two certificates":

(a) housing reform and public housing reform in line with the housing reform policy;

(two) the opinions of the Municipal People's Government on promoting the sustained and healthy development of the real estate industry (Zheng Wu [2004] No.61) was issued (that is, on September 20, 2004) before the demolition and completion of commercial houses and houses put into use;

(three) other legitimate sources of ownership, the city leading group office that can be included in the scope of housing.

Third, the principle of handling

(1) Adhere to the principles of respecting history, seeking truth from facts, giving priority to people's livelihood and prosecuting offenders. Fully consider the history, current situation and the process of gradual improvement of policies and regulations, and combine the overall situation of construction, development and stability in our city to formulate solutions to problems step by step, and objectively and fairly handle the problems left over from the history of "two certificates".

(two) adhere to the separation of the masses and enterprises to pay taxes and fees, and the principle of combining registration according to law with the investigation and punishment of illegal acts. Reasonably distinguish the responsibilities of building owners and purchasers. While creating conditions to solve the problem of housing buyers' accreditation, the relevant departments shall, in accordance with relevant laws and regulations, order the development and construction units to go through the formalities, pay the fees and impose penalties according to law.

(3) Adhere to the principle of reasonable response and ensuring actual effect. Firmly establish all the work concepts of putting the interests of the masses first and administering according to law, simplify the procedures and requirements for handling permits for the reasonable and legitimate demands of the masses, and study specific solutions according to different situations of the project to ensure the effectiveness of the work.

Four, processing procedures and methods

(a) on the issue of housing reform certificates that have been sold or sold.

The housing reform houses that have been sold or listed for sale shall be applied to the district work special class by the selling units and buyers with the written guarantee of the selling units, the certification materials of the higher authorities and the approval of the housing reform; Without obtaining the approval of housing reform, but in line with the policy provisions, the housing reform that has been sold or put for sale shall be handled by the municipal and district housing management (housing reform) departments, and the units selling houses and buyers shall apply to the district work special class with the housing reform filing form and the above-mentioned other materials.

After the audit of the district work class, it shall be reported to the office of the leading group of the city, and the office of the leading group of the city shall be responsible for determining whether it belongs to the prescribed scope of treatment. Belong to the scope of the above treatment, by selling units to apply for housing safety appraisal, the housing safety shall be identified, and the office of the municipal leading group shall organize a newspaper announcement, and if there is no ownership objection within 0 days after the announcement expires/kloc-0, the housing management department shall handle the housing property registration procedures and notify the land department, which shall handle the land registration procedures accordingly.

(two) on the issue of commercial housing, demolition and construction, raising funds to build houses.

Due to various construction procedures of development and construction projects and other reasons, the buyers of commercial housing, demolition and construction, and fund-raising housing cannot apply for the "two certificates", and the development and construction unit shall apply to the district work class. After the review of the work in the district, it shall be reported to the office of the municipal leading group, which shall be responsible for determining whether it belongs to the prescribed scope of treatment. Belong to the scope of treatment, by the development and construction units for housing safety appraisal and housing measurement, and then by the municipal leading group office will inform the relevant departments of the basic situation of the project construction area, completion time and use, according to the following classification:

For commercial houses and houses built with funds demolished before1.1998 65438+February 3 1, the planning department will exempt those that do not occupy the planning red line and yellow line and go through the planning confirmation procedures, and then the housing management department and the land department will handle the "two certificates".

2. 1999 65438+ 101-September 20, 2004, commercial housing, demolition and resettlement housing, fund-raising housing, did not occupy the planning red line and yellow line, the planning department will handle the corresponding planning identification procedures; Development and construction units according to the prescribed time limit to the relevant departments to go through the formalities, repay the arrears and accept the punishment, fails to go through the formalities, repay the arrears and accept the punishment, by the municipal leading group office organized relevant departments to start the accountability procedures according to law, and inform the housing management and land departments to handle the "two certificates" first.

The punishment standards for the above-mentioned commercial housing, demolition and building, fund-raising and building, and ordering them to pay back the arrears shall be implemented in accordance with the following provisions:

(1)199965438+10 month1-September 20, 2004. If the construction planning procedures are incomplete or inconsistent with the planning approval procedures, it shall be punished according to the standard of 20% of the construction project cost; If the land use is changed, it shall be punished according to the standard of land use area per square meter 10 yuan, and the corresponding land use procedures shall be improved.

(2) If the land use of the project completed before September 20, 2004 has not changed, the land transfer fee shall be paid according to the standard agreed in the transfer contract; If it is completed before September 20, 2004, and the land use is changed and the construction area is increased, it shall be implemented in accordance with the "Wuhan Urban Land Transfer Fee Rent Standard" promulgated by our city in 2004, and the corresponding transfer fee shall be paid; For those who do not meet the conditions for land transfer, land lease shall be adopted to improve the procedures for land use.

(3) Infrastructure supporting fees shall be paid according to the standard of 80 yuan per square meter of housing construction area; Land deed tax is levied according to the standard of 4%; The construction unit and the applicant shall pay the residential special maintenance funds and related taxes and fees, and pay them according to the standard when the house is completed.

(3) Provisions on handling related matters

1. If the housing reform unit or the development and construction unit declares bankruptcy, cancellation or cancellation, and the construction subject does not exist or fails to fulfill the obligations of application and handling, the district shift will investigate and verify the descendants to determine the applicant. If it is determined by the office of the municipal leading group that it belongs to the above situation, the housing management department and the land department shall review the ownership and announce it to the public. If the ownership is undisputed, the "two certificates" will be directly handled for the purchaser.

2. If the purchaser fails to settle the purchase price, it shall settle the purchase price before handling the "two certificates". For the project determined by the district special work category and applied by the applicant, the purchaser, with the approval of the financial department, will pay the settlement to the special account for transitional management funds set up by the Municipal Housing Security and Real Estate Management Bureau, and the Municipal Housing Security and Real Estate Management Bureau will issue a receipt.

3. The development and construction units and buyers shall explain the relevant matters such as housing quality, housing use and property management when handling the "two certificates", and pay the relevant taxes and special maintenance funds that they should bear in accordance with the regulations when the housing is completed and delivered.

4. Fund-raising housing has not been approved, but it has been sold or meets the policy requirements. The selling unit and the construction unit shall apply to the district housing management department, and the municipal housing security and housing management bureau shall go through the procedures for the audit and filing of fund-raising housing. The selling unit and the purchaser shall apply to the district industrial and technical class on the basis of the "Fund-raising housing project filing form".

5. If the development and construction unit fails to pay the unpaid land transfer fees, related taxes and fines within the time limit, it is necessary to set up a special recovery class, organize relevant departments to take comprehensive administrative, economic and legal measures, increase the recovery efforts, and recover them according to law.

6. If the ownership of the house is disputed, the parties concerned shall claim their legal rights through judicial channels according to law, and the housing management and land departments shall handle the "two certificates" of the house according to the effective legal documents made by the court or arbitration institution in accordance with the prescribed procedures. If the house is mortgaged to other subjects other than the purchaser or sealed up by the judicial organs, after the mortgage registration is cancelled or sealed up, the "two certificates" can be handled in accordance with the regulations.

Verb (abbreviation of verb) The responsibility of the development and construction unit.

(a) the illegal acts of the development and construction units shall be punished by the relevant departments according to law, and the office of the Municipal Leading Group shall organize the relevant departments to record their illegal acts in the credit files.

(2) If the development and construction unit fails to cooperate in solving the housing problems left over from history, or fails to pay the unpaid land transfer fees, related taxes and fines within the time limit, resulting in the unresolved problems left over from history, the relevant departments will suspend the procedures related to real estate development, such as planning, land use, construction, enterprise registration, annual examination of development qualification, sales (pre-sale) permit and registration and certification of self-owned property, and suspend the examination and approval of new construction projects.

(three) the bad credit information of investors in the development and construction unit shall be recorded synchronously. If the investors of this unit apply for industrial and commercial registration of real estate development enterprises, the industrial and commercial departments shall suspend the registration procedures.

(four) if the development and construction unit belongs to an administrative institution or a state-owned enterprise, the supervision department shall investigate the responsibility of the unit and its responsible person in accordance with the relevant provisions.

Work requirements of intransitive verbs

(1) All districts, relevant departments and units should earnestly perform their duties, rationally formulate internal work processes, set up a "green channel", and speed up the settlement of the historical issues left over by the "two certificates". At the same time, further strengthen the supervision of the real estate market, strengthen administrative law enforcement, severely investigate and deal with violations of laws and regulations, and avoid new problems left over.

(two) the Municipal Supervision Bureau shall supervise and supervise the handling, recovery and accountability of historical issues left over by relevant departments. For the development and construction projects completed after September 20, 2004, if the buyers can't handle the housing and land registration due to incomplete construction procedures, the Municipal Supervision Bureau will organize relevant departments to formulate specific recovery and accountability plans, and strictly investigate the legal responsibilities of the development and construction units according to law.

(3) The funds for solving the problems left over from the history of the "two certificates" and the expenses required for the relevant departments to recover the arrears shall be arranged by the financial department and included in the budgets of relevant units and departments.

(IV) In solving the problems left over from the history of the "two certificates", if the relevant departments and their staff engage in malpractices for selfish ends, abuse their powers and neglect their duties, they shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Caidian, Jiangxia, Dongxihu, Hannan, Huangpi, Xinzhou District, Wuhan East Lake New Technology Development Zone, Wuhan Economic and Technological Development Zone, and East Lake Eco-tourism Scenic Area may, according to the actual situation in the region and with reference to the spirit of this opinion, formulate opinions to solve the problems left over from history in the region.

Wuhan Municipal People's Government

May 7, 2065 438+03