Weihai: The supervision agreement on pre-sale funds of commercial housing should be reflected in the purchase contract.

On August 22nd, the People's Government of Weihai City, Shandong Province issued the Notice on Printing and Distributing by Weihai Housing and Urban-Rural Development Bureau, Weihai Central Branch of China People's Bank and Weihai Supervision Branch of Bank of China Insurance Regulatory Commission.

Clarify the responsibilities of all parties, and the regulatory agencies will determine the regulatory banks.

This document clarifies the responsibilities of all parties. Weihai Housing and Urban-Rural Development Bureau is the competent department for the supervision of pre-sale funds of commercial housing, which organizes and guides the supervision of pre-sale funds of commercial housing in the whole city, and is specifically responsible for the daily supervision of pre-sale funds of commercial housing in Huancui District, Hi-tech Industrial Development Zone, Economic and Technological Development Zone and Lingang Economic and Technological Development Zone.

The competent departments of housing and urban and rural construction in Wendeng District, Rongcheng City, Rushan City and Nanhai New District are responsible for organizing the supervision of pre-sale funds of commercial housing within their respective jurisdictions.

The branch of the People's Bank of China is responsible for guiding commercial banks to do a good job in the management of the supervision account of commercial housing pre-sale funds. The banking insurance supervision department is responsible for supervising and inspecting the operational risks and compliance of the supervision of pre-sale funds of commercial banks.

Development enterprises need to choose the regulatory bank among the regulatory banks determined by the regulatory agencies. The document shows that the housing and urban-rural construction department should, together with the branches of the People's Bank of China and the banking supervision department, comprehensively consider the credit status, supervision ability and service level of commercial banks, and determine the commercial banks that can undertake the supervision of commercial housing pre-sale funds through public bidding. Housing and urban-rural construction departments should publicize successful commercial banks through departmental portals. Commercial banks and the housing and urban-rural construction departments signed the Agreement on Financial Services for the Supervision of Commercial Housing Pre-sale Funds, and became cooperative banks for the supervision of commercial housing pre-sale funds.

The main content of the fund supervision agreement is embodied in the purchase contract.

The document shows that before applying for the pre-sale permit of commercial housing, a real estate development enterprise should select a regulatory bank from the list of public regulatory banks and open a special account for the supervision of pre-sale funds of commercial housing (hereinafter referred to as the "regulatory account").

Housing and urban-rural construction departments, regulatory banks and real estate development enterprises signed a supervision agreement on pre-sale funds of commercial housing (hereinafter referred to as the supervision agreement). The supervision agreement shall include the collection and use of pre-sale funds, the amount of supervision, and the liability for breach of contract. The main contents of this agreement shall be specified in the pre-sale plan and reflected in the commercial housing sales contract in the form of annexes.

In order to ensure that the purchase funds are deposited in the supervision account, Weihai requires real estate development enterprises to specify the supervision account number in the pre-sale permit of commercial housing and the contract for the sale of commercial housing, and publicize it in a prominent position at the sales site of commercial housing. The real estate development enterprise shall issue the Notice of Supervision and Deposit of Pre-sale Funds of Commercial Housing to the purchaser, and the purchaser shall deposit the pre-sale funds of commercial housing into the supervision account with the Notice of Supervision and Deposit of Pre-sale Funds of Commercial Housing.

At the same time, if mortgage loans (including commercial mortgage loans and provident fund loans) are used to purchase houses, the purchaser may apply for online signing of pre-sale contracts for the record after depositing the down payment agreed in the contract into the supervision account. If a house is purchased by non-mortgage loan, the purchase price deposited in the supervision account for the first time shall not be less than 25% of the total purchase contract price.

After receiving the purchase money deposited by the purchaser and transferred by the loan bank, the supervision bank will feed back the relevant information to the housing and urban-rural construction department in real time through the supervision system of commercial housing pre-sale funds.

Real estate development enterprises and regulatory banks shall regularly submit to the housing and urban-rural construction departments the sales of commercial housing pre-sale projects, the collection and withdrawal of pre-sale funds, statements and related statements. The information submitted shall be true, accurate, complete and timely.

The supervision amount is clear: the renovation cost is included in the supervision.

The supervision method clarifies the supervision standard of pre-sale funds of commercial housing, which is implemented at 1.2 times of the construction and installation project cost per square meter. Commercial housing decoration, decoration costs into the pre-sale funds supervision, according to the implementation of 0.5 times the decoration cost per square meter. The construction and installation project cost is determined by the housing and urban-rural construction department in accordance with relevant regulations.

The supervision quota of pre-sale funds of commercial housing refers to the product of the construction area of commercial housing approved for pre-sale and the supervision standard of pre-sale funds of commercial housing.

The document divides the supervision of pre-sale funds of commercial housing into five control nodes according to the construction progress, and each node corresponds to the retention ratio of supervision funds: the number of completed floors reaches half of the total planned floors above ground, and the retention ratio of supervision funds is 70%; The main structure is capped and the retention rate is 35%; Decoration starts, and the retention ratio is 25%; The monomer has passed the completion acceptance and the retention rate is15%; The first registration of commercial housing ownership was completed and the supervision was terminated.

Before the control node of the main structure is capped, the real estate development enterprise can deduct the supervision funds for the pre-sale of commercial housing with the letter of guarantee issued by the supervision bank according to the regulations, but it shall not be higher than 30% of the supervision quota. The validity period of the letter of guarantee shall not be shorter than the date when the insured supervision project completes the first registration of commercial housing ownership.