Conditions and procedures of pre-sale permit for commercial housing

The pre-sale system of commercial housing is a form of sales in the commercial housing market. At present, the pre-sale of commercial housing has become the main way of commercial housing sales in China. The so-called pre-sale of commercial housing refers to the behavior of real estate development enterprises to sell the houses under construction to the winning bidder in advance, and the winning bidder pays the deposit or house payment in advance. Specifically, it is customary to call the houses under construction, unfinished, undeliverable, and without property right certificates as faster houses. Developers selling faster houses are called pre-sale, and buyers must sign pre-sale contracts with developers when buying a house. Then, what are the conditions and procedures for the pre-sale permit of commercial housing?

The pre-sale of commercial housing (auction transaction) is different from the sale of commercial housing (existing house transaction). Because of its unpredictability, there will be risk points that do not exist in the sale of existing homes, such as unfair trading status and irregular sales methods, and these risk points will ultimately be borne by the buyers. Therefore, the state has issued corresponding laws and regulations to regulate the pre-sale of commercial housing, and the pre-sale permit of commercial housing is one of them, which is also the most important regulatory requirement.

The so-called pre-sale permit of commercial housing is the pre-sale administrative license that developers need to apply for when they pre-sell commercial housing. The legal basis for the pre-sale permit of commercial housing is mainly Article 45 of People's Republic of China (PRC) Real Estate Management Law. Article 23 of the Regulations on the Management of Urban Real Estate Development and Operation; Article 25 of the Regulations of Zhejiang Province on the Administration of Real Estate Development; Article 6 of the Measures for the Administration of Commercial Housing Sales; Article 6 of the Measures for the Administration of Pre-sale of Urban Commercial Housing and other relevant laws. The above laws and regulations all point to one point, that is, for commercial houses that need to be pre-sold, they should apply to the relevant administrative departments for pre-sale permission in accordance with the conditions and procedures stipulated by laws and regulations; After the pre-sale permit is approved by the administrative department, the developer can open the pre-sale of commercial housing.

The author lists the relevant conditions and processes of pre-sale permit for commercial housing in Hangzhou for reference.

I. Examination and approval conditions for pre-sale permit of commercial housing

The examination and approval conditions for the pre-sale permit of commercial housing in China are as follows:

(a), has paid all the leasing of land use rights, and obtained the certificate of land use rights;

(two), holding a construction project planning permit and construction permit;

(3) Pre-selling commercial housing according to law, with the investment in development and construction reaching more than 25% of the total investment in engineering construction, and the construction progress and completion delivery date have been determined;

(four), real estate development enterprises to pre-sell commercial housing, in addition to the provisions of laws and regulations, the image progress of real estate development projects should meet the following conditions:

1, the multi-storey building has completed more than one third of the main structure;

2, the high-rise building has completed the main project below the ground;

(5) When a real estate development enterprise applies to the city or county (city) real estate administrative department for the pre-sale registration of commercial housing, it shall, in addition to the documents already stipulated by laws and regulations, also submit the approval documents of standard place names, the explanation of the resettlement of relocated households and the certification documents of the city or county (city) construction administrative department on the image progress of real estate development projects.

The above five points are the corresponding conditions for applying for the pre-sale permit of commercial housing, of which the first three points are stipulated by the Urban Real Estate Management Law and the Regulations on the Management of Urban Real Estate Development and Operation, and the last two points are stipulated by the fourth to sixth paragraphs of Article 7 of the Administrative Measures for the Pre-sale of Commercial Housing. "To apply for pre-sale permit, a development enterprise shall submit the following documents (photocopies) and materials: (4) proof that the proportion of funds invested in development and construction in the total investment of engineering construction meets the prescribed conditions; (five) the project construction contract and a description of the construction progress; (6) Pre-sale plan of commercial housing. The pre-sale plan shall explain the location, area, completion and delivery date of the pre-sale commercial housing, and attach the layered plan of the pre-sale commercial housing.

After meeting the above conditions, the developer can apply to the real estate administrative department for pre-sale permit. It can be said that in view of the unpredictability of auction, relevant departments have issued laws and regulations to restrict the pre-sale conditions and reduce the risk of auction buyers through mandatory norms of laws and regulations.

Second, the materials needed to apply for the pre-sale permit of commercial housing

After the real estate development enterprise obtains the pre-sale permit for commercial housing, the developer can submit the application form and the attached materials required for the application to the local real estate administrative department. The attached materials are mostly materials to prove that the developer wants the applicant's commercial housing to have pre-sale conditions, and the required materials are determined by local real estate administrations.

The materials required by Hangzhou Real Estate Administration to handle the pre-sale permit of commercial housing are as follows 19:

1. Application Form for Pre-sale Permit of Commercial Housing (original);

2. Original and photocopy of business license (photocopy);

3, the real estate development qualification certificate and a copy of the original (copy);

4, apply for project planning documents (copy);

5, the project design approval (copy);

6, construction land planning permit (copy);

7, land transfer contract or construction land approval (copy); ;

8 land use certificate (original and photocopy);

9. Construction permit (original and photocopy);

10, construction project planning permit and attached drawings (original and photocopy);

1 1, construction site plan (copy);

12, certificate of approval for the use of standard place names (copy);

13. Letter (original) from the bank agreeing to pre-sell commercial houses under construction on mortgaged land;

14. Advance payment supervision plan issued by the bank (original);

15, project image progress verification sheet (original);

16. Property house payment confirmation form (original);

17, explanation of demolition and resettlement (original);

18, Registration Form for House Demolition and Resettlement Verification (original);

19, room number list. ? (All the above information is in one copy. )

The above 19 items are the application materials listed by Hangzhou Real Estate Administration, of which 2-3 items are the developer's real estate development qualification examination; 4- 1 1 is to review whether the construction and land use procedures for applying for house pre-sale are complete; If the developer mortgages the land use right to the bank during the development process, it needs to have 13 materials.

Item 14 of the prepayment supervision plan issued by the bank originated from Article 45 of the Real Estate Management Law that "the proceeds from the pre-sale of commercial housing must be used for related projects." According to the above regulations, Hangzhou Central Sub-branch of China People's Bank and Zhejiang Supervision Bureau of China Banking Regulatory Commission recently jointly issued the Interim Measures for the Supervision of Pre-sale Funds of Commercial Houses in Zhejiang Province, stipulating that all approved commercial housing construction projects should be included in the supervision scope of pre-sale funds, and the pre-sale funds must be deposited in special deposit accounts; The real estate administrative department shall not issue the "Pre-sale Permit for Commercial Housing" for projects that have not signed the supervision agreement on pre-sale funds of commercial housing; The use of pre-sale funds for commercial housing is subject to closed management, and developers applying for the use of pre-sale funds should apply to the regulatory bank; The proceeds from the pre-sale of commercial housing must be used for related projects. The interim measures will be implemented on 20 10 1 1+0.

The audit of the project image progress is to determine whether the construction progress of the project has the corresponding pre-sale conditions.

Third, the process of applying for the pre-sale permit of commercial housing

A real estate development enterprise may submit a permit application to the Market Management Office of Hangzhou Real Estate Administration after it has the relevant conditions and complete information. After accepting the application, the staff of the market management office will conduct a preliminary examination of the relevant materials, and after the preliminary examination is passed, the relevant materials will be sent to the director of the market management office for review. After the audit, the relevant information will be sent to the deputy director in charge for approval. After examination, if the applicant's application meets the licensing requirements, the examiner shall make a license certificate and notify the applicant to receive the pre-sale permit for commercial housing; If it does not meet the licensing requirements after examination, it shall make a decision not to grant administrative license. If the applicant refuses to accept it, he may apply for administrative reconsideration or bring an administrative lawsuit according to the Administrative Licensing Law. The administrative license shall be made within 5 working days and publicized for 3 days. Developers can organize the pre-sale of commercial housing after receiving the license.

4. How to inquire about the pre-sale permit of commercial housing?

1. Open a browser, enter "Nanning Housing Security and Real Estate Administration" in the address bar of Baidu search, and click "Baidu search".

2. In the pop-up search results, select "Nanning Housing Security and Real Estate Administration-official website".

3. After entering "Nanning Housing Security and Real Estate Administration", find the "Online Service Hall" module and click "Commodity House Pre-sale Information Inquiry".

4. A search bar appears in the pop-up page, and you can search by pre-sale certificate number, company name, project name, project location and urban area.

5. Select "Project Name" to query, enter the project name in the search field, such as Time City, and click "OK".

6. The query information appears.

The above is the relevant content of the pre-sale permit for commercial housing, hoping to help everyone!

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