Nanjing introduced a new business policy: unauthorized "business to live" will recover the land use right free of charge.

In response to the chaos of "commercial reform" in the market, Nanjing introduced new regulations to regulate it. ?

Every reporter Bao Jingjing, every editor Wei?

Out of print, one to two floors, "double key" room type, one to two sets ... On February 5, Nanjing Planning and Natural Resources Bureau, Housing Security and Real Estate Bureau and other four departments issued the "Implementation Opinions on Further Strengthening the Whole Process Management of Commercial Office Construction Projects" (hereinafter referred to as "Opinions"), focusing on supervising the demolition and sales of commercial office projects. ?

The Opinions stipulate that the planning conditions of commercial projects should be issued in strict accordance with the approved regulatory detailed planning, and prohibitive clauses should be added to the land transfer contract. "If the transferee changes the nature and planned use of the land without authorization and changes the commercial project into' residence', the transferor has the right to terminate the contract and recover the land use right free of charge." ?

It is worth noting that as early as 2065438+March 2007, Nanjing Municipal Planning Bureau and other departments jointly issued a document prohibiting "commercial renovation of houses" and asked developers to clearly indicate the planned use of houses when selling, but there are still many developers under the pressure of destocking and withdrawing funds. ?

Yan Yuejin, research director of the think tank center of Yiju Research Institute, pointed out to the reporter of National Business Daily that "the policy has strong constraints on land acquisition and project development of housing enterprises, and at the same time it has high flexibility, fully considering the relevant needs of housing enterprises, enterprise users and individual users, and is also a more pragmatic policy." ?

The developer's self-sustaining ratio is at least 50%?

The Opinions pointed out that all kinds of illegal commercial projects have a wide range of land sources, including commercial land, commercial land, mixed commercial land, industrial land, production and scientific research land and other non-residential land, as well as commercial and office buildings with attachments in residential land. ?

However, this time, the concept of "functional mixing" was put forward for the first time, requiring the planning and resources department to evaluate the total amount of commercial projects, scientifically plan the scale of commercial land according to the regional location and stock situation, improve the functional mixing of commercial land, appropriately increase the proportion of serviced apartments in commercial land, encourage self-sustaining operation, and ensure the organic combination of planned supply and market demand. ?

Among them, for commercial projects with a total construction area of more than 5,000 square meters, the self-supporting ratio of commercial buildings on the ground is not less than 50%, and hotel-style apartments with a construction area of not more than 30% can be built (divisible sales); Below 5000 square meters, the self-supporting ratio of commercial buildings on the ground is not less than 50%; The self-sustaining proportion of various commercial projects in the park established by the government can be set separately in the transfer contract. ?

"This provision objectively makes the proportion of commercial land more flexible and can urge developers to actively do a good job in property management. For commercial land with different volumes, the policy gives more flexible guidance. " Yan Yuejin told the reporter of National Business Daily: "For commercial projects with a building area above 5,000 square meters, no more than 20% of the properties are allowed to be sold to small and medium-sized enterprises, and 30% are allowed to sell serviced apartments. This is also to prevent the risk of hollowing out such business concentrated areas. " ?

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For the divisible sales part of commercial projects, the Opinions have made all-round provisions to prevent speculation. The smallest unit that can be divided into sales, with a construction area of not less than 300 square meters; The minimum unit construction area of a serviced apartment that can be sold separately shall not be less than 45 square meters; In addition to parking spaces, the planned uses of underground spaces are recorded as food markets, supermarkets, hotels, hotels, resorts, cultural and entertainment facilities, etc. , shall not be sold separately. ?

"In the past, there were indeed many illegal demolitions and transfers in the form of small units. Investors also recognize such a small unit. Now that such units are limited, the demand for investment speculation will naturally decrease. Moreover, the policy is very clear. Facilities such as toilets should be centralized, and upper and lower water pipes are not allowed to be reserved at will. This is to prevent the risk of some properties being converted into residential buildings in violation of regulations after sale. " Yan Yuejin said. ?

Standardize the promotion behavior of commercial projects?

Because of the "exquisite packaging" and nonstandard propaganda language in the past sales links, the buyers were often misled, which led to continuous disputes after the delivery of subsequent houses. This time, the "Opinions" clarified the sales link and sealed the loopholes in front-end sales. ?

The "Opinions" clearly require that development enterprises set up public signs at the sales site to clearly indicate to buyers the planned use of the house, land use years, deed tax, property service fees, water and electricity standards and supporting construction indicators, and inform buyers that they should use it strictly in accordance with the planned use and may not change the use without authorization, and clearly agree with buyers in the subscription book and purchase contract to remind buyers that this project is a commercial project, not a residential project. ?

At the same time, the market supervision department is required to standardize the sales propaganda behavior of commercial projects, increase the inspection of sales advertisements, propaganda and model houses displayed by development enterprises and sales agents, and investigate and deal with illegal advertisements or false propaganda behaviors of development enterprises and intermediaries according to law. ?

Yan Yuejin told the reporter of the National Business Daily: "The purpose of clarifying the publicity system of property indicators is to prevent property disputes and help buyers understand the property attributes, and related illegal sales behaviors will naturally be contradicted. Illegal projects are also difficult to pass planning verification, and naturally they will face the pressure of real estate registration. " ?

In addition, the Opinions also clarify that enterprises related to commercial projects will also be included in the credit management system. If the development enterprises, sales agents and design units violate the implementation opinions, the relevant departments shall timely interview and report, investigate and deal with them in accordance with relevant regulations, and promptly push them to the market supervision platform and the public credit information collection service platform. At the same time, the follow-up construction projects are strictly reviewed and strictly required, and necessary market access restrictions are taken according to superior laws and regulations to be punished. If the circumstances are serious, participation in land market transactions shall be restricted or prohibited.