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According to the website of the Shanghai Municipal People’s Government, on October 10, 2019, the Shanghai Municipal Government issued the newly revised “Measures for the Exchange of Shanghai’s Public Housing Price” (Hufufa [2019] No. 19, hereinafter referred to as the “Measures”) It will be implemented from December 1, 2019. The new “Measures” consists of 25 articles, aiming at regulating the exchange of public housing prices, ensuring the reasonable living needs of residents of this city and maintaining the order of public housing management.

Compared with the original “Measures”, the following contents were mainly revised:

One is to improve the principles and methods of changing prices. On the basis of the principles of voluntariness, fairness and compensation as stipulated in the original Measures, the principle of “self-occupation priority” and “helping to improve the complete use of public housing” has been added. In terms of methods, the exchange of public housing tenancy rights and public housing tenancy rights in the original Measures and the transfer of public housing tenancy rights were retained; at the same time, the funds obtained after the transfer of public housing tenement rights were no longer required to be used for Buying commercial housing or other housing will give residents greater autonomy in the use of funds.

The second is to specify the conditions of the transferee of the difference. Taking into account the historical evolution of public housing, and its security and welfare characteristics, in order to better protect the rights and interests of public housing tenants, the “Measures” clarify that the households in this city have 2 households (sets) and above ( Including the public housing tenancy and housing property rights, as well as the single-person households and the above-mentioned housing (including the public housing tenancy and housing property rights) of the 18-year-old households in the city, they must not pass the price difference. Obtaining the right to rent public housing; 2 or more individuals who are not the same households in this Municipality may not obtain the same public housing tenancy rights through the exchange of houses.

In order to encourage the full use of public housing and support the reasonable improvement of residents’ needs, the “Measures” allocates the staff housing (new workshop) in the single-use public housing to the two or more tenants. The public housing If the lessee enters the house and sells the house and then exchanges the house for the price difference, it may not be subject to the above provisions after being examined and approved by the district house administrative department.

In addition, in order to implement the principle of priority for self-occupation, the “Measures” also stipulates that legal persons and other organizations may not obtain the right to rent public housing through price difference, except for enterprises designated by the municipal and district governments.

The third is to strengthen the protection and management of garden houses and excellent historical buildings. If the renter of a public housing with preservation value, such as a garden house or an excellent historical building, needs to change the house at a price difference, the “Measures” continue the relevant policy provisions.At the same time, enterprises designated by the municipal or district government are encouraged to purchase the leasehold rights of such public housing in accordance with the method of repaying the rent or changing the price.

The non-exclusive use of public housing is in compliance with relevant policies and regulations. After the relevant procedures have been transformed into a single-use complete set, the lessee may, in addition to the garden house, implement the housing sales policy.

Fourth is to better protect the legitimate rights and interests of the parties who change the price difference. The “Measures” further strengthen the protection of the rights and interests of both parties to the transaction by improving the transaction process of price difference exchange. First, it is clear that before the price difference is changed, the public housing tenant should first consult the public housing lessor and then conclude the contract; second, further implement the public housing lessor audit responsibility; third, clearly change the housing price A program that allows people to query.

The fifth is that the transfer price of public housing is no longer regulated. At present, the housing conditions of Shanghai residents have been significantly improved, and the housing security system has been relatively sound. In practice, for reasons such as medical care and old-age care, there are more demands for the transfer of the price of the difference. Therefore, the “Measures” canceled the original three-year fund supervision for the paid transfer of public housing.