The “Administrative Measures for the Pre-sale of Commercial Housing Funds in Xi’an (Draft for Soliciting Opinions)” clearly states that the pre-sale funds for commercial houses shall be subject to full-scale and full-process supervision, and that the pre-sale funds used to pay for construction and other expenses shall be subject to key supervision.
Editor’s note: This article comes from Zhongjing Jingwei , edit : Wan Keyi, reproduced with permission
According to the website information of the Xi’an Housing and Construction Bureau, the Xi’an Housing and Construction Bureau released the “Measures for the Supervision and Administration of Commercial Housing Pre-sale Funds (Draft for Solicitation of Comments)” (hereinafter referred to as “Opinions Draft”). The Opinion Draft clearly states that the pre-sale funds for commercial housing are subject to full-scale and full-process supervision, and that the pre-sale funds used to pay for construction and other expenses are subject to key supervision. Buyers’ funds for the pre-sale of commercial housing should be fully deposited into a special supervision account, which is supervised by a supervisory bank. Developers may not directly collect or set up another account to collect house purchases from buyers.
The Opinion Draft clearly states that the pre-sale funds for commercial housing refer to the purchase price (including the deposit and down payment) paid by the purchaser to the development enterprise in accordance with the contract when the real estate development enterprise obtains the Commercial Housing Pre-sale Permit for pre-sale of commercial housing. , Purchase loans and other forms of housing payments).
The Opinion Draft proposes that the pre-sale funds for commercial housing be fully and fully monitored, and that the pre-sale funds used to pay for construction and construction costs be supervised. The key supervision funds are for commercial housing development projects to reach completion and delivery conditions. 1.2 times the total amount of engineering construction funds required to obtain the “Record of Completed Construction Engineering Acceptance Record”. The total amount of engineering construction funds shall be determined after a comprehensive calculation by the supervisory bank based on the information such as the project budget inventory of the commercial housing development project, the successful bid documents, and the actual situation of construction costs. For funds exceeding the key regulatory quota, real estate development enterprises may apply to the regulatory bank for transfer.
The Opinion Draft requires that all funds for pre-sale of commercial housing should be deposited into a dedicated supervision account, which is supervised by a supervisory bank. Real estate development enterprises must not directly collect or set up another account to collect house purchases from buyers.
The Opinion Draft proposes that the pre-sale funds for commercial housing should be purchased by the purchaser in accordance with the commercial house subscription agreement and the contract for the sale of commercial housing. And other methods directly deposited into the supervision account. If a buyer purchases a commercial house with a loan, the loan funds shall be directly transferred to the supervised account by the loan bank or the housing provident fund management department after the loan is disbursed. It is strictly forbidden to keep or transfer to other accounts without permission.
Introduction of the Opinion Draft, the plan for the use of funds for the pre-sale of commercial housing should be formulated according to the payment timing agreed in the construction plan and the construction contract, and in accordance with the main structure acceptance, completion acceptance, completion acceptance filing, completion of the first registration of real estate, etc. set up.
OpinionThe “Draft” emphasizes that if real estate development enterprises fail to collect and use the pre-sale funds of commercial houses in accordance with regulations, the housing construction department shall seriously investigate and punish them, order rectification within a time limit, suspend online signing sales and supervise fund disbursement, and record their violations in the corporate integrity file.
The supervisory bank violates the regulations or fails to comply with the agreement for the supervision of commercial housing pre-sale funds, calculates that the project cost is too low, funds are disbursed without authorization, or there are other violations, and its supervisory qualification is revoked; if it fails to deliver the supervised project, it shall be supervised The agreement assumes joint and several liability for compensation according to law.
If the home purchase loan issuing bank or housing provident fund entrusted loan bank fails to transfer the loan funds directly to the supervision account as required, if it undertakes the supervision of commercial housing pre-sale funds, the supervision qualification is revoked; the supervision of commercial house pre-sale funds is not carried out , Shall not be carried out within three years.
For the supervision banks and loan issuing banks that have violations, the housing provident fund management department may suspend its provident fund entrusted loan business, and the housing construction department may suspend other related businesses, and the housing construction department shall notify the financial authority to investigate and deal with it seriously; In case of loss, they shall also bear other legal liabilities.