Huzhou commercial housing pre-sale funds supervision has been strengthened and promoted.

Recently, Huzhou Housing and Urban-Rural Development Bureau and other three departments issued a notice on regulating the supervision of pre-sale funds of commercial housing.

The main contents are as follows:

District (county) Construction Bureau, county branch of the People's Bank of China, county banking supervision brigade, banking financial institutions and relevant units:

In order to further strengthen the supervision of pre-sale funds of commercial housing in our city, fully guarantee the construction of pre-sale commercial housing projects, safeguard the legitimate rights and interests of both parties to pre-sale commercial housing transactions, and promote the sustained and healthy development of the real estate market, according to the relevant provisions of the People's Republic of China (PRC) Urban Real Estate Management Law and the Measures for the Administration of Urban Commercial Housing Pre-sale, Opinions on Regulating the Supervision of Commercial Housing Pre-sale Funds issued by the Ministry of Housing and Urban-Rural Development, the People's Bank of China and the China Banking Regulatory Commission, and Notice on Implementing the Opinions of the Ministry of Housing and Urban-Rural Development and Further Regulating the Supervision of Commercial Housing Pre-sale Funds issued by the Provincial Construction Department, the Hangzhou Central Branch of the People's Bank of China and the Zhejiang Banking Insurance Regulatory Bureau, combined with the actual situation of our city, are hereby notified as follows:

First of all, clarify the responsibilities of the regulatory authorities.

The construction department shall perform the supervision duties of the pre-sale funds of commercial housing, and supervise and inspect the supervision of the pre-sale funds of commercial housing; The People's Bank of China is responsible for guiding commercial banks to do a good job in supervising account management; 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.

Second, bidding to determine the regulatory bank

The supervision of pre-sale funds of commercial housing shall implement the supervision system of special bank accounts, and establish the supervision bank (hereinafter referred to as the supervision bank) library of pre-sale funds of commercial housing through public bidding.

Third, sign a tripartite supervision agreement.

Construction departments, real estate development enterprises and supervision banks shall sign the Supervision Agreement on Pre-sale Funds of Commercial Houses (hereinafter referred to as the Supervision Agreement, see Annex 1 for details) on the collection and use methods, supervision amount and liability for breach of contract.

The supervision agreement should be one of the contents of the pre-sale plan of commercial housing and submitted together with the application for the pre-sale permit of commercial housing.

Four. Establishment, change and dissolution of supervision accounts

Before applying for the pre-sale permit of commercial housing, a real estate development enterprise shall select a supervision bank or its branch in the supervision bank library and set up a special account for the supervision of pre-sale funds of commercial housing (hereinafter referred to as the "supervision account"). The supervision account shall be specified in the pre-sale permit of commercial housing and the contract for the sale of commercial housing, and publicized in a prominent position at the pre-sale site of commercial housing and on the website of the construction department.

Once the supervision account is established, it is not allowed to be changed in principle. If it is really necessary to change, it shall be agreed by the three parties (construction department, real estate development enterprise and supervision bank) of the supervision agreement, and the supervision agreement shall be signed again. All the pre-sale funds of the original supervision account were transferred to the changed supervision account.

After the first registration of real estate is completed for the pre-sale project of commercial housing, the real estate development enterprise shall apply for it, and the supervision of pre-sale funds of commercial housing shall be lifted with the verification and consent of the construction department.

Determination of supervision quota by verb (abbreviation of verb)

The funds needed to ensure the completion and delivery of the project shall be regarded as the supervision quota, which shall be comprehensively approved by the construction department.

Supervision amount = total construction area × unilateral project cost (blank) × 1 10%.

The total construction area shall include all areas above ground and underground, subject to the estimated drawing area. The construction cost of the project is determined according to the total budget list. Unilateral project cost (blank) is less than 4000 yuan/square meter, which is determined according to the control price of 4000 yuan/square meter. The control price is dynamically adjusted according to the construction market, and the three counties can formulate and publish according to the actual situation. 1 10%, 10% is an unforeseen expense.

All decoration projects need to include all decoration expenses in the supervision quota, which is determined by multiplying all decoration areas by all decoration filing prices. If the filing price is not determined for the whole renovation, the cost of the whole renovation project issued by a qualified cost consulting agency shall prevail.

Six, pre-sale funds storage

In the process of project pre-sale, down payment, mortgage loan and other forms of house purchase funds for pre-sale of commercial housing shall be directly deposited into the supervision account, and shall not be deposited into other accounts.

The real estate development enterprise shall clearly inform the purchaser of the supervision bank and supervision account before signing the commercial housing sales contract, and assist the purchaser or mortgage bank to deposit the purchase price into the supervision account.

If the purchaser applies for a mortgage loan, the real estate development enterprise shall provide a supervision account to the mortgage bank, and the mortgage bank shall directly issue a mortgage loan to the supervision account.

Seven. Appropriation of supervision fund

The funds within the supervision quota shall be allocated according to the construction progress of the commercial housing development project, and the down payment node shall not be completed before the underground structure of the project included in the pre-sale permit.

(1) 1/2 Before the completion of the main structure, the accumulated funds applied for use shall not exceed 40% of the supervision quota;

(two) before the completion and acceptance of the main structure, the accumulated application funds shall not exceed 60% of the supervision quota;

(three) before the completion of the record, the cumulative application for the use of funds does not exceed 85% of the regulatory amount;

(four) before the completion of the first registration of housing ownership, the accumulated application for the use of funds shall not exceed 95% of the regulatory quota;

(5) For high-rise, super-high-rise and full decoration projects, 1-2 supervision nodes can be added according to the actual situation.

Within the proportion allowed by the node, the real estate development enterprise shall provide corresponding materials according to the supervision agreement and apply to the supervision bank for using the funds within the node quota. After verification and approval by the construction department, the regulatory bank will allocate funds within two working days.

After lifting the supervision of pre-sale funds of commercial housing, the general contracting construction unit shall complete the settlement before applying for withdrawing unused funds within the supervision quota.

Accelerate the digital supervision of pre-sale funds and realize the "whole process networking" of fund application, review and disbursement.

Eight, security funds earmarked.

The funds within the supervision quota shall be used exclusively for the project construction, including the necessary building materials, equipment, construction progress payment and other related expenses (excluding marketing expenses, financial expenses and taxes). The funds within the supervision quota shall not be deducted by the supervision bank without authorization; A real estate development enterprise that establishes a subsidiary may not be transferred by the group company.

After the accumulated funds recorded in the supervision account reach the supervision quota, the funds exceeding the supervision quota should be given priority for taxation, quality warranty, special maintenance funds for property, project land mortgage and mortgage loans for projects under construction.

Nine. Violation and handling

(a) real estate development enterprises in any of the following circumstances, the construction department and the regulatory bank may, according to the regulatory agreement, depending on the circumstances, order rectification and suspend the use of its pre-sale funds:

1. Failing to deposit the pre-sale funds of commercial housing into the supervision account as required;

2. In the name of collecting other funds, evade the supervision of pre-sale funds in disguise;

3. Failing to publicize the supervision account in a prominent position at the commercial housing sales site;

4 provide false materials to apply for the use of pre-sale supervision funds;

5. Use pre-sale funds of commercial housing in violation of regulatory agreements;

Other acts in violation of the pre-sale fund supervision regulations and supervision agreements.

(2) In any of the following circumstances, the construction department shall, jointly with the People's Bank of China and the banking supervision department, order rectification, suspension or cancellation of the supervision qualification of the supervision bank according to the circumstances.

1. Violates the relevant provisions on the management of special accounts for the supervision of pre-sale funds;

2. It is found that real estate development enterprises have illegally stored pre-sale funds and failed to submit them to the competent construction department in time;

3. Pre-sale funds are not paid in time;

4. Allocating funds within the supervision quota without the verification and consent of the construction department;

Other acts in violation of the pre-sale fund supervision regulations and supervision agreements.

During the suspension of the supervision qualification of the supervision bank, it shall not undertake the supervision business of pre-sale funds; Without the verification and consent of the construction department, the supervision bank will recover the funds without authorization, and if it cannot recover them, it will bear the corresponding liability for compensation.

The regulatory banks that violate the rules shall be handled by the People's Bank of China and the banking insurance regulatory department according to their respective responsibilities.

(three) the relevant units to provide false certificates or other means to assist the development of commercial housing pre-sale funds, shall bear corresponding legal responsibilities according to law.

X. Other matters

Commercial housing projects that newly apply for pre-sale permit after the issuance of this notice shall be strictly implemented in accordance with this notice.

Attachment: 1 Huzhou Commodity House Pre-sale Fund Supervision Agreement (model text)

2. Materials required for auditing accounts.

Huzhou housing and urban construction bureau

China people's bank Huzhou central branch

Bank of China Insurance Regulatory Commission Huzhou Yinbaojian Branch Bureau

September 2022 16

Attachment 1

Supervision Agreement on Pre-sale Funds of Newly-built Commercial Housing in Huzhou City

(Model text)

Party A (real estate development enterprise):

Party B (supervising bank):

Party C (Ministry of Construction):

In order to promote the healthy development of the real estate market in our city, ensure that the pre-sale funds of commercial housing within the supervision quota (hereinafter referred to as pre-sale funds) are used for the construction of this project and protect the interests of all parties. This agreement is concluded on the basis of equality and voluntariness in accordance with the requirements of the Urban Real Estate Management Law, the Measures for the Administration of Urban Commercial Housing Pre-sale, the Notice of Zhejiang Banking Bureau of Hangzhou Central Branch of the Provincial Construction Department on Implementing the Opinions of the Ministry of Housing and Urban-Rural Development on Further Regulating the Supervision of Commercial Housing Pre-sale Funds, and other laws, regulations and documents.

I. Supervision Project

Pre-sale commercial housing project name:

Location:

Second, the supervision account.

Account name:

Account number:

Bank of deposit:

The supervision account is limited to the deposit and use of the pre-sale funds of this project, and cash is not allowed. No online banking business other than inquiry, pledge or guarantee shall be handled, and it shall not be used as a margin account or other business.

Third, the supervision period.

The supervision period starts from the date when the pre-sale permit of commercial housing is issued, and ends on the date when the ownership of the house is registered for the first time.

Fourth, the deposit of pre-sale funds

Party A carries out the pre-sale of commercial housing, and the pre-sale funds include down payment, down payment, installment payment, one-time payment, bank mortgage loan, housing provident fund loan, etc. Payment shall be made by the purchaser according to the contract and must be paid in full into the supervision account.

Verb (abbreviation of verb) supervision amount of funds

The supervision amount of commercial housing pre-sale funds is comprehensively approved according to the construction project cost, project decoration standards and other unforeseen expenses. The total construction area of the commodity house project is: 10000 square meters, the cost of the blank unilateral project is RMB/square meter, the fully decorated area is RMB/square meter, and the fully decorated price is RMB/square meter. The amount of supervision funds is RMB10,000.00 Yuan, which is used for the completion and delivery of construction (including wages of migrant workers), equipment installation, material procurement, supporting construction, agent construction and other related projects.

VI. Supervision over the use of funds

Party A shall use the supervision funds in the following links according to the payment plan and project progress, and the down payment node shall not be completed before the underground structure of the project listed in the pre-sale permit.

(a) 1/2 before the completion of the main structure, the total amount of funds applied for use shall not exceed 10000 yuan;

(two) before the completion and acceptance of the main structure, the accumulated application funds shall not exceed ten thousand yuan;

(three) before the completion of the blank filing, the accumulated application for the use of funds shall not exceed 10 thousand yuan;

(four) before the completion of the renovation project, the accumulated amount of application funds shall not exceed ten thousand yuan;

(5) Before the first registration of real estate is completed, the accumulated application funds shall not exceed 1 10,000 yuan;

(six) after lifting the supervision of the pre-sale funds of commercial housing, you can apply for withdrawing from all the remaining supervision quotas.

Seven. Rights and obligations of all parties

(1) Party A

1. Party A shall deposit all the pre-sale funds of the project into the supervision account established by Party B according to this agreement, and shall not use the supervision funds as the guarantee for loans or bonds of Party B and other financial institutions.

2. Before using the supervision funds, Party A shall submit an application for the use of funds and relevant certification materials according to the agreement, and the submitted application materials shall be true and effective.

3. Party A voluntarily accepts the supervision and inspection of Party C on the deposit and use of funds in the supervision account. Party A shall closely cooperate with matters related to fund supervision of this project, and submit relevant materials truthfully and quickly to ensure the safety and reliability of pre-sale funds.

(II) Party B

1. Party B has the right to urge Party A to put all the pre-sale funds into the supervision account. If it is found that the pre-sale funds are not deposited in the supervision account, it shall be reported to Party C in time.

2. Party B shall assign a special person to be responsible for the pre-sale funds of this project and allocate funds to Party A within 2 working days according to the instructions.

3. Regularly feed back the supervision account information to Party A and Party C (including the amount, details of income and expenditure, reasons for the use of funds and their whereabouts, etc.). ) and accept the verification and supervision of Party C..

(III) Party C

1. Party C shall coordinate the establishment of a tripartite information sharing system for fund supervision (including supervision account information and supervision project information, etc.). ).

2. Party C has the right to supervise whether Party A and Party B implement this agreement and relevant regulations, and can check the project progress and relevant materials at any time.

Eight. responsibility for breach of contract

(1) During the supervision of the pre-sale funds, if Party A fails to deposit the pre-sale funds into the supervision account, fails to use the pre-sale funds according to the provisions and agreed time, or provides false information to obtain the supervision funds, Party C will deal with it according to relevant laws and regulations, and can take measures such as notification, warning and stopping online signing.

(II) Where Party B practices fraud, violates regulations or refuses to accept supervision and inspection by relevant functional departments according to laws and regulations, Party C has the right to take measures such as notification, warning and cancellation of supervision qualification, and submit them to the People's Bank of China, China Banking and Insurance Regulatory Commission and other departments for handling. Without the verification and consent of Party C, if Party B allocates funds within the supervision limit, it shall be responsible for recovering the funds; if it cannot be recovered, it shall bear the corresponding liability for compensation.

(III) If the supervision account is frozen or deducted by the competent authority or other circumstances occur, Party B and Party C cannot manage the account or Party A fails to abide by this Agreement, and Party A shall bear relevant legal responsibilities.

(4) Any failure of Party A, Party B and Party C to perform its obligations in accordance with the agreement constitutes a breach of contract, and the observant party has the right to require the other party to take remedial measures to fully and fully perform; If the other party fails to take remedial measures within a reasonable period of time and still fails to perform or fails to perform completely, it shall be liable for breach of contract.

(5) In case of mass petitions and complaints, abnormal downtime, etc. Or the risk of overdue or unfinished business, the use of pre-sale funds can be comprehensively audited according to the actual situation.

(VI) If the staff of Party A, Party B and Party C violate the provisions of this Agreement, neglect their duties, abuse their powers and engage in malpractices for personal gain, the relevant departments will hold them accountable.

Nine. others

(1) This agreement shall come into effect as of the date when the three parties sign and seal it, and shall be terminated when the supervision is lifted.

(II) For matters not covered in this Agreement, the three parties may sign a supplementary agreement. The supplementary agreement has the same effect as this agreement.

(3) This Agreement is made in triplicate, with each party holding one copy, which has the same legal effect.

Signature of Party A: Signature of Party B:

Address: Address:

Signature of Legal Representative: Signature of Legal Representative:

Signature of entrusted agent: signature of entrusted agent:

Tel: Tel:

Signature and seal of Party C:

Address:

Signature and seal of legal representative:

Signature and seal of entrusted agent:

Contact telephone number:

date month year

Source: Huzhou Housing and Urban-Rural Development Bureau