Notice of Beijing Municipality on Further Regulating the Sales Behavior of Newly-built Commercial Housing

Notice of Beijing Municipal Construction Committee on Further Standardizing the Sales Behavior of Newly-built Commercial Housing

District housing and urban and rural (city) Construction Committee (Housing Authority), Economic Development Zone Development and Construction Bureau, real estate development enterprises and relevant units:

In order to continuously standardize the sales behavior of new commercial housing (including competitive housing, the same below), improve the delivery quality, effectively protect the legitimate rights and interests of buyers, and ensure the stable and healthy development of the real estate market in this Municipality, the relevant requirements are hereby notified as follows:

First, standardize the delivery of model houses.

(1) When applying for the pre-sale permit, the development enterprise shall list the main materials, facilities and equipment used in the pre-sale scheme according to the decoration standards (full decoration and high-standard construction scheme) agreed in the transfer contract and listing documents, and indicate the name, brand, model, material, construction technology and other information. The main material products can provide 1 ~ 3 product catalogs of the same grade.

If the actual decoration standard is higher than that agreed in the transfer contract and listing documents, the corresponding matters shall be listed in the pre-sale plan according to the actual construction standard.

(II) Where a development enterprise sets up a model room in the pre-sale of commercial housing, it shall set up a model room for delivery according to the house style, structural size, delivery standard and construction technology determined by the construction drawing and pre-sale plan that have passed the examination by the drawing examination institution, and arrange the process model room in the model room for delivery. If the project has multiple units, the main units (not less than two) should be set up and delivered to the model room. Delivery of model houses shall not be set in uncompleted residential flats.

In the sales process, if the delivery model room is inconsistent with the actual delivery situation due to the design change, the entity comparison display content before and after the design change should be added in the delivery model room and the process model area.

(3) The decoration standard of the delivered model house shall be consistent with the contents listed in the pre-sale plan, the delivery standard agreed in the purchase contract and the actual delivery status of the project, and no other decoration and fixed facilities other than the delivery standard shall be added. The process template area shall display the construction technology and materials including but not limited to the living room, bedroom, kitchen, bathroom and other walls, floors and ceilings, and display the models, brands and materials of indoor equipment, pipes, doors and windows.

The delivery sample room and process sample area shall be kept for at least three months after the delivery of the project. Due to the need of completion inspection and acceptance, the development enterprise shall entrust a third party to notarize the layout of the delivery model room and the process model room if the delivery model room set in the construction area cannot be retained.

If the development enterprise has not set up a delivery model room, it shall not set up a display (publicity) model room. The delivery sample room, the process sample area and the display (publicity) sample room should be located in the same place. Display (publicity) model houses should be marked in a prominent position, and interior decoration is only used for display.

Two, standardize the promotion of new commercial housing.

(4) When the development enterprise produces various sales publicity materials such as exhibition boards, sand tables, floor books, atlas and APP software, the contents displayed within the project scope shall be consistent with those permitted by the planning, and the proportion of buildings, structures, green landscapes and residential roads shall be consistent with the general plan permitted by the planning; The exhibition content outside the project should be consistent with the status quo, and the content under construction should not be displayed. If the planning adjustment and design change affect the display content, the sales promotional materials should be adjusted in time.

All kinds of publicity advertisements and online and offline sales channels of development projects shall be marked with the pre-sale permit number or existing home sales record property certificate number obtained by the project in a prominent position.

(5) In addition to the relevant documents and materials stipulated in the Notice of Beijing Municipal Commission of Housing and Urban-Rural Development on Standardizing the Information Publicity of Sales Places and Strengthening the Management of Sales Personnel (No.533 [2009] of Beijing Diplomatic Relations), the development enterprise shall also publicize the following contents in a prominent position at the sales site.

1. The situation inside and outside the project that may have a significant impact on the conclusion of the contract and the determination of the house price, especially the situation involving noise, smoke, pollution, radiation, privacy, ventilation, lighting, decoration, funeral and other unfavorable factors. The propaganda of unfavorable factors should be accurate and comprehensive.

2. Plans and elevations that have passed the examination by the drawing examination organization.

3. If the project is equipped with public rental housing and affordable rental housing, the development enterprise shall also specify the distribution of public rental housing and affordable rental housing, the division of property management areas, the use of facilities and equipment, the quality standard of property service and the standard of property charges in the preliminary property service contract and the commercial housing sales contract, and make it clear.

(six) when the project is sold, the sales organization and sales personnel of the development enterprise shall organize the sales when applying for the pre-sale permit. Need to change the sales organization and sales staff, it shall apply to the competent department of housing and urban construction where the project is located. If the project changes the sales organization or more than half of the sales staff, the project sales should be suspended during the change.

Before the sale of the project, the development enterprise should train the sales staff, including the basic situation of the project, the contents of unfavorable factors, sales policies and regulations, and standardized promotion terms.

In the process of sales, the salesperson should wear the salesperson information card, and the online sales should publicize the real name and information card number of the salesperson. It is strictly forbidden to make false propaganda, mislead customers to dispose of the occupied part, publicize the public service facilities that have not been built around, and encourage tension.

Three, the implementation of housing quality inspection system before delivery.

(seven) under the premise of ensuring safety, the development enterprise shall carry out no less than two "site open days" activities before the house is completed and accepted. Before organizing the site opening, the development enterprise should take the initiative to inform all buyers, and organize interested buyers to enter the project site to understand the main structure, construction technology, hidden facilities, decoration, public parts and other site conditions of the project.

In the "site open day" activities, developers should promptly explain the opinions and suggestions of buyers on the project quality, and the quality defects should be repaired and rectified in time and fed back to the buyers. Encourage development enterprises to show real-time construction progress to property buyers through online video.

(VIII) Before the completion acceptance and delivery, the development enterprise shall, in addition to organizing the buyers to inspect the decoration quality standards listed in the pre-sale plan, also organize the buyers to inspect the housing construction quality in accordance with the relevant provisions of the Notice of Beijing Municipal Construction Committee on Implementing the Housing Quality Inspection before the Delivery of New Houses (J.J.F. [20 18] 17).

Fourth, compact the main responsibility of development enterprises.

(nine) development enterprises should strengthen the organization and management of project sales. If the sales of the project are good (the registered customers of the project exceed the approved sales houses by 3 times), the notarized lottery method will be adopted to give priority to the sales of families without houses, families of local residents and families of employees whose neighboring units meet the purchase restriction policy of this Municipality. The specific priority purchase order and family conditions are determined by the local housing and urban-rural construction department and specified in the project pre-sale plan.

(10) Before signing the commercial housing sales contract (including pre-sale and current sale, the same below), the development enterprise shall fully show the area of delivery model room and process model room to the buyers, and truthfully introduce the decoration materials, construction technology, structural dimensions and other contents. When signing a commercial housing sales contract, the sales staff shall clearly inform the purchaser of the distribution of public rental housing and affordable rental housing and the possible unfavorable factors of the project, and the purchaser shall confirm it in writing. Existing home sales, should fully display the actual delivery of housing to buyers.

(eleven) the development project publicity materials should be retained in writing and video materials for future reference, including the following contents:

1. Sales of exhibition boards, sand tables, loushu, atlas, APP software, etc. Used for websites and online promotion;

2. Sales personnel training content, teaching materials, records, etc.

3. Publicity of sales place information (Beijing Foreign Affairs [2009] No.533 document and the contents specified in this notice);

4 "site open day" and the quality inspection process reflected by the purchaser of engineering quality problems and maintenance and rectification records;

5. Layout of delivery sample room and process sample area.

Encourage development enterprises to carry out project promotion and third-party notarization of materials.

(twelve) the development enterprise is fully responsible for the overall quality and after-sales service of commercial housing. When the house is officially delivered, the house quality guarantee and the house use manual shall be issued to the purchaser, among which the house quality guarantee and the house use manual shall meet the standard requirements agreed in the contract.

Verb (short for verb) others

(thirteen) before the development enterprise applies for the pre-sale permit, the district housing and urban and rural construction department shall conduct on-site verification of the setting of the model house.

(fourteen) in violation of the provisions of this notice, the municipal and district housing and urban construction departments shall order the development enterprises to make rectification within a time limit, and score according to the Interim Measures for the Dynamic Supervision and Management of the Qualification of Real Estate Development Enterprises in Beijing (see Annex for the scoring criteria). During the rectification period, the municipal and district housing and urban-rural construction departments will suspend the key disk service function of online signing. Suspected of false advertising, handed over to the relevant departments for processing.

(fifteen) from the date of issuance of this notice, the newly applied commercial housing projects shall be implemented in accordance with the provisions of this notice. * * * In addition to the relevant provisions of this notice, the setting of model rooms for property housing shall be implemented according to the relevant provisions of the Planning and Design Guidelines for Livable Housing in Beijing (Trial) (J.J.F. [2017] No.20).

Attachment: Scoring standard