Detailed rules for the implementation of real estate supervision fund management

Article 1 In order to standardize the supervision and management of pre-sale funds of commercial housing, safeguard the legitimate rights and interests of both parties to commercial housing transactions, and promote the healthy development of the real estate market, in accordance with the Law of People's Republic of China (PRC) Municipality on Urban Real Estate Management, the Regulations of Shandong Province on Urban Real Estate Development and Management, the Regulations of Shandong Province on Commercial Housing Sales, and the Notice of the General Office of the People's Government of Shandong Province on Doing a Good Job in the Governance of Easily Occurred Problems in the Real Estate Field (Zheng Lu Office Zi [2016] 6543.

Article 2 These Measures shall apply to the raising, storage, expenditure, use, supervision and management of pre-sale funds of commercial housing within the administrative area of this province.

The term "pre-sale funds of commercial housing" as mentioned in these Measures refers to all the house payment paid by the purchaser in accordance with the commercial housing sales contract when the real estate development enterprise pre-sells commercial housing.

The term "pre-seller" as mentioned in these Measures refers to the real estate development enterprises that have obtained the "Pre-sale Permit for Commercial Housing" according to law for the pre-sale of commercial housing.

The term "pre-buyer" as mentioned in these Measures refers to the units or individuals that purchase pre-sold commercial housing.

Third provincial housing and urban-rural construction departments are responsible for guiding and supervising the supervision of the pre-sale funds of commercial housing in the province.

Districts of the city and county (city, district) housing and urban construction, real estate management department (hereinafter referred to as the real estate department) in accordance with the division of responsibilities responsible for the supervision of commercial housing pre-sale funds within their respective administrative areas.

Article 4 The supervision of pre-sale funds of commercial housing follows the principle of "special account, special fund, whole process supervision and node control".

Fifth commercial housing pre-sale funds supervision period from the date of obtaining the pre-sale permit of commercial housing to the date of obtaining the comprehensive acceptance certificate for the completion of real estate development projects.

Article 6 The real estate administrative department shall establish and improve the pre-sale management information system of commercial housing (including modules such as pre-sale permit of commercial housing, online signing and filing of pre-sale contracts, and supervision of pre-sale funds). ), so as to realize the informationization and automation of pre-sale fund supervision.

Chapter II Banking and Account Supervision

Article 7 A commercial bank with the financial management business ability and network technical conditions required for the safe and standardized operation of fund supervision can be included in the list of cooperative banks for the supervision of pre-sale funds of commercial housing (hereinafter referred to as supervision banks) after being examined and confirmed by the real estate authorities, and cooperate with the supervision of pre-sale funds of commercial housing.

Article 8 After signing the agreement on supervision and financial services for pre-sale funds of commercial housing with the real estate authorities, the supervision bank shall provide corresponding financial services and connect with the pre-sale management information system of commercial housing to realize information exchange and ensure the continuity, safety and convenience of business handling.

Article 9 Before applying for the pre-sale permit of commercial housing, a real estate development enterprise shall select a commercial bank from the list of supervision banks and open a special account for the supervision of pre-sale funds of commercial housing (hereinafter referred to as the supervision account) according to the principle that one application for pre-sale permit corresponds to one account. The supervision account shall be opened in one or more buildings, and the supervision agreement on the pre-sale funds of commercial housing shall be signed by the real estate department, the supervision bank and the real estate development enterprise. Without a supervision account, the real estate department shall not issue the Pre-sale Permit for Commercial Housing.

Tenth commercial housing pre-sale funds supervision agreement mainly includes the following contents:

(1) The name and address of the party concerned;

(two) the name and place of the supervision project;

(3) The name and account number of the supervision account;

(four) the scope of the supervision project;

(5) Nodes that supervise the use of funds;

(six) to supervise the collection, expenditure and use of funds;

(seven) the new transfer method of property quality warranty;

(8) Liability for breach of contract;

(9) dispute settlement methods.

Article 11 The pre-seller shall inform the pre-buyer of the relevant regulations on the supervision of the pre-sale funds of commercial housing, publicize the supervision bank, supervision account and other information in a prominent position in the commercial housing sales place, and make it clear in the pre-sale contract of commercial housing.

Twelfth pre-sellers need to change the regulatory bank, enterprise name, regulatory account number, account opening scope, project name and other related information, should go through the relevant change procedures with the real estate authorities and regulatory banks.

Chapter III Collection and Deposit of Pre-sale Funds

Thirteenth commercial housing pre-sale funds shall be deposited in the supervision account, and real estate development enterprises shall not directly deposit the house price.

Article 14 After signing the pre-sale contract of commercial housing with the pre-buyer, the pre-seller shall sign the pre-sale contract of commercial housing online as soon as possible, and at the same time, according to the relevant provisions of the contract, issue the Notice of Supervision and Deposit of Pre-sale Funds of Commercial Housing to the pre-buyer. After the pre-buyer deposits the pre-sale funds into the supervision account with the Notice of Supervision and Deposit of Pre-sale Funds of Commercial Housing, the real estate administrative department shall handle the pre-sale contract of commercial housing for the record according to the regulations.

If the buyer applies for mortgage loans (including commercial loans and housing provident fund loans), the buyer will deposit the down payment into the supervision account and entrust the loan bank in writing to transfer the mortgage loan in full into the supervision account.

Article 15 After receiving the house payment paid by the buyer transferred by the loan bank, the supervision bank shall issue the Supervision Receipt Certificate for Pre-sale Funds of Commercial Housing to the buyer and transmit the information to the real estate authorities.

The contents of the supervision receipt for pre-sale funds of commercial housing include but are not limited to: the pre-sale contract number of commercial housing, the supervision bank, the supervision account, the individual account for fund settlement of the pre-buyer, the total amount of pre-sale funds, the current deposit amount, the accumulated deposit amount and the deposit time.

Chapter IV Expenditure and Use

Sixteenth commercial housing pre-sale funds supervision standards, refers to the commercial housing pre-sale project from the approval of the pre-sale project node to the completion of the construction and installation and supporting projects in the region, to achieve the completion of comprehensive acceptance conditions required for the unit construction area; If the commercial housing is to be fully renovated, it should also include the renovation costs. The supervision standard of pre-sale funds of commercial housing is comprehensively determined by the municipal real estate administrative department in conjunction with various districts and relevant professional institutions in combination with factors such as region, building structure and use, and is regularly adjusted and published.

The supervision quota of pre-sale funds of commercial housing refers to the product of the approved pre-sale area of commercial housing and the supervision standard of pre-sale funds of commercial housing determined by the real estate administrative department when issuing the pre-sale permit of commercial housing and specified in the supervision agreement of pre-sale funds of commercial housing.

Seventeenth commercial housing pre-sale funds into the supervision account, when the total amount of funds reaches the established supervision quota, the pre-seller can withdraw funds beyond the supervision quota and give priority to the pre-sale project construction.

Eighteenth real estate departments should optimize the allocation process of supervision funds for the pre-sale of commercial housing, to ensure timely use for the pre-sale of commercial housing projects.

Nineteenth commercial housing pre-sale funds supervision is generally divided into four control nodes according to the construction progress, that is, the number of completed floors reaches half of the total planned floors, the main structure is capped, the single completion acceptance is qualified, and the completion comprehensive acceptance is put on record.

The retention ratio of supervision funds refers to the percentage of the balance of supervision account funds to the supervision amount of commercial housing pre-sale funds. When the number of completed floors reaches half of the total planned floors, the retention ratio of supervision funds is 60%-70%; When the main structure is capped, the proportion of regulatory funds retained is 30%-35%; When the monomer is completed and accepted, the retention ratio of supervision funds is15%-18%; When obtaining the filing documents for the comprehensive acceptance of the completion of real estate development projects, the supervision shall be terminated.

For high-rise, super-high-rise or large-scale buildings, 1-2 control nodes can be added nationwide, but the proportion of regulatory funds retained shall not exceed the above provisions.

Article 20 The real estate administrative department may, according to the credit status and qualification level of the pre-sellers, appropriately reduce the retention ratio of supervision funds for the pre-sale of commercial housing, but the maximum amount shall not exceed 5 percentage points.

Twenty-first before the control node of the main structure is capped, the pre-seller can deduct part of the supervision funds for the pre-sale of commercial housing with the guarantee issued by the bank, but it shall not exceed 30% of the supervision amount.

Twenty-second commercial housing pre-sale funds to apply for the use of funds within the regulatory limits, should be in accordance with the construction progress control node to apply for funds, and shall not exceed the provisions of Article nineteenth of these measures. The pre-seller shall truthfully fill in and submit the following materials and be responsible for the authenticity of the materials:

(1) An application form for enterprise funds;

(two) the relevant certification materials and video materials of the project construction progress;

(3) Supervision account statement;

(4) A copy of the power of attorney and ID card of the trustee;

(5) If the pre-seller has allocated funds to the construction unit, material and equipment suppliers or professional business units such as water supply, power supply, gas supply and heating, provide payment vouchers; If the pre-seller intends to transfer funds to the above-mentioned units, he shall provide the bank account designated by the other party;

(six) other documents and materials as prescribed by laws and regulations.

Article 23 All localities may, according to the local real estate market situation and regulatory needs, improve the pre-sale permit conditions of commercial housing according to the requirements of Zheng Lu Zi [2016]18, and reasonably determine the regulatory standards, regulatory quotas, regulatory nodes and regulatory fund retention ratio for the pre-sale of commercial housing.

Twenty-fourth pre-sale application for withdrawal of commercial housing pre-sale funds within the regulatory limit of funds, real estate administrative departments shall complete the examination within 5 working days from the date of acceptance, and conduct necessary on-site investigation. Meet the conditions of use, issued a "notice" of the pre-sale of commercial housing supervision funds allocation; Do not meet the conditions, issued a notice of non disbursement.

The "Notice on Supervision of Fund Allocation for Pre-sale of Commercial Housing" shall specify the amount and direction of fund allocation. If the pre-seller provides payment vouchers in accordance with the provisions of Article 22 of these Measures, the corresponding funds shall be clearly allocated to the bank account designated by the pre-seller; If proof of the proposed payment is provided, the corresponding amount of funds shall be clearly transferred to the bank account designated by the construction, material and equipment supply or professional business unit.

Twenty-fifth supervision banks should allocate corresponding funds according to the Notice on the Supervision and Allocation of Commercial Housing Pre-sale Funds, and exchange and share information with the commercial housing pre-sale management information system, and check the electronic information at the same time.

Chapter V Termination and Dissolution

Twenty-sixth pre-sale real estate development projects to obtain a comprehensive acceptance of the filing documents, you can apply to terminate the supervision of commercial housing pre-sale funds, truthfully fill in and submit the following materials, and be responsible for the authenticity of the materials:

(1) An application for termination of supervision;

(2) Documentary proof of comprehensive acceptance of real estate development projects;

(3) Supervision account statement;

(4) A copy of the power of attorney and ID card of the trustee;

(5) Other documents and materials as prescribed by laws and regulations.

Twenty-seventh pre-sale of commercial housing to apply for termination of pre-sale funds supervision, real estate administrative departments shall, within 5 working days from the date of acceptance, review and conduct necessary on-site investigation. Meet the conditions for the termination of the supervision of pre-sale funds, and issue the Notice of Termination of the Supervision of Pre-sale Funds of Commercial Housing; Do not meet the conditions, issued a notice of termination.

Article 28 A supervisory bank shall terminate its supervision in accordance with the Notice on Termination of Supervision of Commercial Housing Pre-sale Funds, and check the electronic information at the same time if it realizes information exchange and sharing with the pre-sale management information system.

Article 29 The real estate administrative department shall, in accordance with the relevant provisions of the Measures for the Administration of Quality Warranty Funds for Newly Built Properties in Shandong Province (Lu Jianfa [2065438+06] No.5) jointly issued by the Provincial Department of Housing and Urban-Rural Development and the Provincial Department of Finance, and in accordance with the Agreement on the Supervision of Commercial Housing Pre-sale Funds, and in accordance with the requirements of the real estate administrative department, transfer the specified amount of warranty funds from the supervision account to the designated special account at one time, and inform the pre-seller.

Article 30 If the pre-seller and the pre-buyer reach an agreement through consultation or an effective legal document decides to terminate the pre-sale contract of commercial housing, the pre-seller and the pre-buyer may apply to the real estate authorities for online termination of the pre-sale contract of commercial housing for the record. The real estate administrative department shall review the application for canceling the online signing of the pre-sale contract of commercial housing and lifting the supervision of pre-sale funds. In line with the conditions and relevant local regulations, it is allowed to cancel the online signing of the pre-sale contract of commercial housing, and issue the Notice of Removing the Supervision of the Pre-sale Fund of Commercial Housing.

The supervision bank shall return the supervision funds to the personal account and loan bank account of the transaction fund settlement designated by the pre-buyer according to the Notice of Supervision and Release of Commercial Housing Pre-sale Funds and the effective legal documents.

Chapter VI Legal Liability

Thirty-first pre-sale of one of the following acts, the real estate administrative department shall order it to make corrections within a time limit and record it in the credit files of enterprises and employees. If the circumstances are serious, it may suspend its online pre-sale contract signing business and give administrative punishment according to law:

(a) failing to deposit all the pre-sale funds of commercial housing into the supervision account as required;

(2) Evading the supervision of [1] pre-sale funds of commercial housing in disguise;

(3) Failing to use the pre-sale funds of commercial housing as required;

(4) Providing false materials;

(five) other acts in violation of these measures or the supervision agreement of commercial housing pre-sale funds.

Thirty-second regulatory banks have the following acts, the real estate authorities in accordance with the agreement on the supervision of commercial housing pre-sale funds to suspend or terminate its qualification as a regulatory bank, which shall bear the corresponding responsibilities and notify the financial management department:

(1) Failing to deposit the pre-sale funds into the supervision account as required;

(two) without the consent of the competent department of real estate, unauthorized payment of commercial housing pre-sale funds;

(three) unauthorized interception, misappropriation or delay in the payment of pre-sale funds of commercial housing;

(four) other acts in violation of these measures or the supervision agreement of commercial housing pre-sale funds.

Thirty-third real estate departments and supervision bank staff dereliction of duty, abuse of power in the supervision of pre-sale funds, shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Thirty-fourth cities divided into districts may, in accordance with these measures and combined with local conditions, formulate detailed rules for the implementation of the supervision of pre-sale funds of commercial housing within their respective administrative areas.

Article 35 These Measures shall come into force on March 0, 2065438, and shall be valid until February 28, 2022.

Legal basis:

Article 68 of People's Republic of China (PRC) City Real Estate Management Law? In violation of the provisions of the first paragraph of Article 45 of this Law, the real estate management department of the people's government at or above the county level shall order it to stop the pre-sale activities, confiscate its illegal income and may also impose a fine.

Article 69? Anyone who, in violation of the provisions of Article 58 of this Law, engages in real estate intermediary services without obtaining a business license shall be ordered by the administrative department for industry and commerce of the people's government at or above the county level to stop real estate intermediary services, his illegal income shall be confiscated and he may also be fined.

Article 70? If there is no legal and regulatory basis for charging real estate development enterprises, the higher authorities shall order them to return the money collected; If the circumstances are serious, the person directly responsible shall be given administrative sanctions by his superior organ or unit.

Article 71? If the staff of real estate management department and land management department neglect their duties and abuse their powers, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions.

Staff members of real estate management departments and land management departments take advantage of their positions to ask for other people's property, or illegally accept other people's property to seek benefits for others, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions.

Legal basis:

Measures for the Administration of Commercial Housing Sales Article 30 A real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the delivery conditions to the buyer on schedule. If the delivery is not made on schedule, the real estate development enterprise shall bear the liability for breach of contract. If the delivery needs to be postponed due to force majeure or other reasons agreed by the parties to the contract, the real estate development enterprise shall promptly inform the buyer.