Regulations of Shaanxi Province on the Administration of Urban Real Estate Market

Chapter I General Provisions Article 1 In order to develop the urban real estate market, strengthen the management of the real estate market, and safeguard the legitimate rights and interests of real estate owners, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on Urban Real Estate Management and other relevant laws and regulations, combined with the actual situation of this province. Article 2. Engaged in real estate development, transfer, mortgage, house leasing and real estate intermediary service activities on the state-owned land in the urban planning area of this province, and implementing real estate market management must abide by these regulations. Article 3 Engaged in real estate development, transfer, mortgage, house leasing and real estate intermediary service activities shall abide by relevant laws and regulations, follow the principles of voluntariness, fairness, honesty and credit, and shall not harm national interests, social public interests and the legitimate rights and interests of others. Article 4 To develop, transfer, mortgage or lease real estate, the land use right must be obtained or changed according to law, and the land use right transfer fee or other land income must be paid.

If the land use right is obtained by allocation, the transfer, mortgage and lease of real estate shall be implemented in accordance with relevant laws and regulations. Fifth real estate transfer, mortgage, housing ownership and land use rights within the scope of housing occupation at the same time transfer, mortgage. Sixth provincial construction administrative departments and land management departments shall, in accordance with the division of functions and powers, manage the urban real estate work within the administrative area of this province.

City (region), county (city) construction administrative departments or real estate management departments are responsible for the management of urban real estate industry within their respective administrative areas, and regulate the real estate market. The land management department is responsible for the management, supervision and inspection of the transfer, mortgage and lease of land use rights. Chapter II Real Estate Development Article 7 The establishment of a real estate development enterprise shall apply to the administrative department for industry and commerce for establishment registration and obtain a business license. And within 30 days after receiving the business license, to the construction administrative department for the record, to the local tax department for tax registration.

The construction administrative department shall, in accordance with the relevant provisions, examine the real estate development enterprises and issue the qualification certificates of real estate development enterprises. Do not meet the conditions, it shall be submitted to the administrative department for Industry and commerce. Eighth real estate development projects should be determined according to urban planning, annual land use plan and market demand, and approved. Ninth construction administrative departments shall organize relevant departments to put forward the "Opinions on the Construction Conditions of Real Estate Development Projects", which shall include the following contents:

(a) the nature, scale and development period of the project;

(two) planning control indicators and planning and design requirements;

(three) the construction requirements of infrastructure and public service supporting buildings;

(four) the definition of property rights after the completion of infrastructure and public facilities;

(5) Requirements for compensation and resettlement for project demolition;

(6) Project management mode;

(7) others. Tenth real estate development projects through the tender to determine the development enterprises. Bidding for real estate development projects shall be conducted under the guidance of the construction administrative department.

Enterprises participating in bidding for real estate development projects shall meet the following conditions:

(1) Holding a business license issued by the administrative department for industry and commerce;

(two) its own funds account for more than twenty-five percent of the total investment of the project subject to tender;

(3) Having the qualification of a real estate development enterprise suitable for the project subject to tender. Eleventh real estate development enterprises to obtain development projects, should hold the relevant documents to the relevant administrative departments to apply for a "construction land planning permit", "construction land permit", "construction project planning permit" before starting. Twelfth real estate development projects should implement the "Opinions on the Construction Conditions of Real Estate Development Projects", and the survey, design and construction should be undertaken by units with corresponding qualifications, in line with the relevant national technical standards and norms for design and construction. Thirteenth real estate development projects, after the completion of the construction administrative departments shall apply for acceptance. The construction administrative department shall organize relevant departments to conduct comprehensive acceptance within 30 days after receiving the application, and it can only be delivered after passing the acceptance. Chapter III Transfer of Real Estate Article 14 The owner of real estate may transfer his real estate to others through sale, gift or other legal means. Unless the transfer is prohibited by laws and regulations.

The following acts are regarded as real estate transfer:

(1) Establishing an enterprise legal person with others by taking real estate as shares;

(two) one party provides land use rights, and the other party or parties provide funds to jointly develop real estate;

(3) The real estate is transferred to a new obligee due to enterprise acquisition, merger, merger or division;

(4) Paying debts with real estate. Fifteenth real estate to obtain land use rights by way of transfer shall meet the conditions stipulated in Article 38 of the People's Republic of China (PRC) Urban Real Estate Management Law. Sixteenth through the reform of the housing system and enjoy the preferential policies of the state to buy housing, unit purchase subsidies, according to the relevant provisions of the state and the provincial people's government. Article 17 When buying and selling real estate, other * * * owners and lessees of real estate have the preemptive right under the same conditions, and * * * owners have the preemptive right and lessees have the preemptive right.

The transfer of real estate owned by * * * and * * * requires the consent of all * * * people. Eighteenth real estate development enterprises to sell existing homes, must hold the following documents to the real estate management department at or above the county level for sales registration, after examination and approval to obtain the "commercial housing sales permit" before the sale:

(1) Business license and qualification certificate;

(two) the construction project "construction land planning permit", "state-owned land use certificate", "construction project planning permit" and the completion acceptance documents;

(three) commercial housing sales plan and property management measures;

(4) Other documents as prescribed by laws and regulations.