425 Measures of Shenzhen Municipality on the Construction and Management of Affordable Commercial Residential Houses[深圳市安居型商品房建设和管理暂行办法]

发布时间:2016-03-28来源:市法制办字体:【 【内容纠错】

  Provisional Measures of Shenzhen Municipality on the Construction and Management of Affordable Commercial Residential Houses

  (Adopted at the 29 th executive meeting of the 5 th Municipal Government)

 

 

Chapter General Provisions

Article 1 For the purposes of improving the housing security system and standardizing the construction and management of affordable commercial residential houses, these Measures are formulated in accordance with the Regulations of Shenzhen Municipality on Affordable Residential Houses and the relevant provisions.

Article 2 These Measures shall be applicable to the construction and management of affordable commercial residential houses and related activities within the administrative area of Shenzhen.

For the purpose of these Measures, affordable commercial residential houses refer to the security housing that is provided with preferential policies as well as restrictions on size and floor area, sale price and years prior to the permission of transfer by the government, collected and built mainly by means of market-oriented operation, and sold to eligible families and single residents in a rationed manner according to prescribed standards.

Article 3 The construction and management of affordable commercial residential houses shall follow the principles of government leadership, market operation, overall planning and step-by-step implementation.

Article 4 The municipal housing security department shall be responsible for the Municipality’s planning, construction and management, access review, sale in a rationed manner, property right management and other related work for affordable commercial residential houses.

The municipal development and reform department shall be responsible for establishing the investment plans for the construction projects of affordable commercial residential houses, and take charge of drafting and adjusting the sale price schemes of affordable commercial residential houses in concert with the municipal housing security department and the municipal urban planning, land and resources department.

The municipal finance department shall allocate the construction funds for affordable commercial residential houses in accordance with the investment plans for the construction projects of affordable commercial residential houses issued by the municipal development and reform department.

The municipal urban planning, land and resources department shall be responsible for arranging and supplying land for building affordable commercial residential houses, issuing pre-sale permits for affordable commercial residential houses, and providing registration information on housing property rights of relevant applicants according to the requirements of the municipal housing security department.

The municipal departments of public security, human resources and social security, health and family planning as well as other municipal departments shall be responsible for providing household registration, social insurance, talent identification, family planning and other relevant information according to the requirements of the municipal housing security department and their respective responsibilities.

Chapter Planning and Programs

Article 5 The municipal housing security department shall, in concert with municipal departments of development and reform, finance, urban planning, land and resources and other departments, specify the volume of construction of affordable commercial residential houses as well as the total volume of land supply and funds demand during the planning period in the Municipality’s housing security planning, according to the national economic and social development planning, the overall planning for land utilization, the overall urban planning, the residential housing construction planning, the short-term construction planning and its annual implementation plan, the land utilization plan and so on, and by taking comprehensive consideration of carrying capacity of Shenzhen in respect of resources and environment, talent policies, population policies and the overall demand for affordable commercial residential houses within the planning period in Shenzhen.

Article 6 The municipal housing security department shall, in concert with municipal departments of development and reform, finance, urban planning, land and resources and other departments, specify the annual arrangements of construction volume of affordable commercial residential houses, land supply, funds demand and other related indexes in the annual housing security plan based on the requirements of the Municipality’s housing security planning.

The municipal urban planning, land and resources department shall, in concert with the municipal housing security department, coordinate the new supply of land for commercial residential housing and the urban renovation projects of the Shenzhen in the annual implementation plan of the housing construction planning, and shall plan to build affordable commercial residential houses with the overall floor area not less than 30% of the gross floor area of the commercial residential housing, and the overall floor area of affordable commercial residential houses for talents not less than 60% of the gross floor area of affordable commercial residential houses, unless otherwise stipulated by the State.

Article 7 The municipal urban planning, land and resources department shall, in concert with the municipal housing security department, arrange the construction land for affordable commercial residential houses, and incorporate such arrangements into the annual implementation plan for short-term construction planning and the annual plan for land utilization, in accordance with the requirements of the short-term construction planning, the land utilization plan, the housing construction planning and the housing security planning.

Article 8 The municipal urban planning, land and resources department shall fully seek the opinions of the municipal housing security department while selecting sites for affordable commercial residential houses. Under the premise of complying with the principles of planning control as well as the relevant provisions, the development of affordable commercial residential houses shall be appropriately intensified, and overall consideration shall be taken of the planning in respect of urban transportation, supporting public facilities and social management facilities.

Chapter Construction Land and Development

Article 9 Affordable commercial residential houses shall be constructed or collected by the following means:

(1) construction by enterprises after acquiring the right to use the construction land by means of bidding, auction or listing for construction.

(2) direct investment and  construction by the government.

(3) construction by enterprises using their own construction land under the principles of compliance with the urban planning.

(4) tie-in construction, including two ways, namely, requiring to build a certain proportion of affordable commercial residential houses while transferring the construction land for commercial housing or while conducting urban renovation projects.

(5) construction and collection by other means.

Article 10 The construction and management proposal system is adopted for the construction of affordable commercial residential houses. The municipal housing security department shall formulate the construction and management proposal prior to the land transfer or allocation, and the municipal urban planning, land and resources department shall take the construction and management proposal as part of the contract on land transfer or allocation file.

The construction and management proposal shall contain the following contents: design requirements, size and area, construction standards, target customers, sale methods, property right restrictions and construction period; if the sale method is for ready houses, the decoration standards shall also be specified.

Article 11 Where the municipal urban planning, land and resources department transfers the right to use the construction land for affordable commercial residential houses through bidding, auction and listing, it shall, in concert with the municipal housing security department, reasonably sets the qualification requirements for bidders, and incorporate main contents of the construction and management proposal into the conditions of bidding, auction, or listing.

When submitting written applications for vying for purchase or bidding, the bidders shall also submit a letter of commitment for construction and management, and ensure that they will organize the development and construction according to the relevant requirements set out in the construction and management proposal by the municipal housing security department.

Article 12 The municipal urban planning, land and resources department may determine the bid winner for the construction land of affordable commercial residential houses through bidding, auction or listing by using the following measures:

(1)“Bidding for land price based on fixed housing price”. Based on the determined highest sale price of affordable commercial residential houses as well as comprehensive consideration of the benchmark land price and market-assessed land price of the land parcel, the minimum transfer price of the land parcel shall be determined, and shall not be lower than the average of the benchmark land price and the market-assessed land price of the land parcel. The bidder offering the highest price shall be the winner.

(2) “Bidding for housing price based on fixed land price”. Based on the market-assessed land price, the benchmark land price and other factors, the price of the land parcel shall be determined, and thereby the base housing price (base price of the bid) for the bid of affordable commercial residential houses shall be established. The bidder who offers the lowest price lower than the base housing price (base price of the bid) shall be the winner. The bidding result of housing price shall be the highest sale price of the affordable commercial residential houses, and the municipal urban planning, land resources department shall notify the result to the municipal development and reform department and the municipal housing security department.

Article 13 The bid winner shall sign a contract on land transfer with the municipal urban planning, land resources department.

The contract on land transfer shall contain the planning and design requirements, size, area and proportion, sale price (including the price of the right to use the construction land), property right restrictions, liability for breach of the contract, and other contents in connection with affordable commercial residential houses.

Article 14 For affordable commercial residential houses directly funded and built by the municipal government, the municipal urban planning, land and resources department shall allocate the right to use the construction land for a certain volume of affordable commercial residential houses to the municipal housing security department according to the annual plan and arrangement for land utilization. The municipal housing security department shall, based on the demand, determine the timing and order for development, and organize the development and construction of affordable commercial residential houses.

It is encouraged to develop and construct affordable commercial residential houses by general contracts of design and construction, general contracts by agency, invest-build-transfer with social funds, and other means.

Article 15 Where, under the principle of compliance with the urban planning, a developer uses its own construction land to build affordable commercial residential houses, it shall submit an application to the municipal housing security department, and the municipal housing security department shall decide whether to incorporate the building of affordable commercial residential houses by the developer into the Municipality’s plan for affordable commercial residential houses after consulting with the municipal urban planning, land and resources department.

The municipal urban planning, land and resources department shall, in the contract or supplementary contract on land transfer, specify the planning and design requirements, sale price (including the price of the right to use the construction land), size, area and proportion, property right ownership, liability for breach of the contract and management mode in connection with affordable commercial residential houses.

Article 16 Where the affordable commercial residential houses are built in a tie-in manner by using the construction land for commercial residential housing or under urban renovation projects, the municipal urban planning, land and resources department shall, in the contract or supplementary contract on land transfer, specify the planning and design requirements, sale price (including the price of the right to use the construction land), size, area and proportion, property right ownership, liability for breach of the contract and management mode in connection with affordable commercial residential houses.

Article 17 The developers shall prepare project design proposals, preliminary designs and other related files in accordance with relevant laws and regulations, technical standards and specifications.

The municipal urban planning, land and resources department shall seek opinions of the municipal housing security department on project design proposals, preliminary designs, and other related files before issuing the planning permit for construction projects.

In the process of construction, if a developer applies for altering the planning permit for construction projects, the municipal urban planning, land and resources department shall seek opinions of the municipal housing security department in this regard .

Article 18 The developers shall organize the construction in accordance with the construction and management proposals as well as other relevant requirements.

After a project is completed, the developer shall apply to the municipal housing security department for acceptance inspection. The municipal housing security department shall conduct the acceptance inspection according to the construction and management proposal and other relevant requirements. Where the construction does not comply with the relevant requirements, the municipal housing security department shall order the developer to make rectification within a specified time limit.

Where a project does not undergo the acceptance inspection conducted by the municipal housing security department or fails the acceptance inspection, no filing for acceptance upon completion of the project and the relevant real estate ownership registration shall be handled.

Article 19 Where affordable commercial residential houses are built in a tie-in manner under a urban renovation project, the land price shall be calculated according to 50% of the payable land price standard for the floor area of the residential building under the project, but shall not exceed the land price calculated according to the announced benchmark land price and the floor area of affordable commercial residential houses.

Where the municipal government directly makes investment to build or the developers use their own construction land to build affordable commercial residential houses, the land price shall be calculated according to the average of the benchmark land price and the market-assessed land price of the land parcel. The originally paid land price for the remaining period of the land parcel shall be deducted for the calculation of the land price.

Article 20 Except for the means of “bidding for housing price based on fixed land price”, the highest sale price of affordable commercial residential houses shall be proposed by the municipal development and reform department, in concert with the municipal housing security department and the municipal urban planning, land resources department, base on comprehensive consideration of development costs, taxes, reasonable profits, market-assessed price of the right to use the parcel of construction land, benchmark land price and other factors and in compliance with the standard that the highest sale price shall not exceed 70%of the market-assessed price, and shall be announced for implementation upon approval of the municipal government.

The specific sale price of a single house may, without exceeding the highest sale price, be determined by the developer of the affordable commercial residential houses by considering the floor, directions as well as other factors and by referring to the relevant provisions of the Municipality on low-cost housing, and then shall be reported to the municipal development and reform department and the municipal housing security department for record-filing.

Chapter   Sales and Property Right Management

Article 21 The affordable commercial residential houses may be sold by the means of ready houses and pre-sales.

Where the affordable commercial residential houses comply with the related provisions on pre-sale management, the municipal urban planning, land and resources department shall consult with the municipal housing security department when handling the applications for pre-sale permits.

Where the municipal urban planning, land and resources department ratifies the pre-sale, it shall timely notify the municipal housing security department in writing of the information on the pre-sale permits for affordable commercial residential houses. The developers shall, after obtaining the pre-sale permits, promptly report the information on the supply of the affordable commercial residential houses to the municipal housing security department. Upon verification, the municipal housing security department shall incorporate the relevant houses into the marketing system for affordable houses.

Article 22 The affordable commercial residential houses shall be purchased upon application by households, and the applicant’s spouse and minor children shall be listed as co-applicants. The applicant and co-applicants shall meet all the following conditions:

(1)Both the applicant and co-applicants have their permanent residence registered in Shenzhen.

(2) The applicant has paid the medical insurance in Shenzhen for more than 5 years in accumulation, or the applicant is identified as a talent in accordance with the Measures of Shenzhen Municipality on Talent Identification and has paid the medical insurance in the Shenzhen for more than 3 years in accumulation.

(3) The applicant and co-applicants have neither enjoyed preferential policies on purchase of houses in Shenzhen in the past, nor had a self-possessed house in any form in Shenzhen, nor transferred their self-possessed house in the Shenzhen within 5 years prior to the acceptance date of application.

(4) The applicant and co-applicants comply with the national family planning policy.

Where the applicant is a single resident of at least 35 years old, and meets the conditions set out in the preceding paragraph, he/she may purchase an affordable commercial residential house that has one bedroom in his/her own name.

Where the applicant or the co-applicants got divorced in the past, his/her former spouse or minor children owned any self-possessed house in any form in Shenzhen before divorce but the house is owned by his/her former spouse or minor children after divorce, and it is less than 5 years from the divorce date to the acceptance date of application, such applicant and co-applicants shall not apply for purchasing affordable commercial residential houses.

The municipal government may timely adjust the house-purchase conditions under the present Article according to the actual situation and announce the new conditions to the public.

Article 23 The municipal housing security department shall timely publish the exact location, quantity, area, eligible applicants and conditions, waiting rules, acceptance period and venue as well as other information about the supply of affordable commercial residential houses on the website of the municipal government and its own website.

The waiting rules for purchasing affordable commercial residential houses shall be formulated separately by the municipal housing security department.

Article 24 An application for the purchase of affordable commercial residential houses shall be made according to the following procedures:

 (1)Applicants, holding identity cards, submit the Application Form for Shenzhen Municipal Affordable Commercial Residential Houses along with the following application materials during stipulated hours:

a. identity cards, certifications of residence registration, social security cards, marriage certificates in case of married persons, and certifications of family planning in case of married persons or unmarried persons who have children or adopted children, of applicants and co-applicants; and

b. the declaration that applicants and co-applicants neither have any kinds of self-possessed houses in Shenzhen nor have enjoyed house-purchase preferential policies of Shenzhen.

(2)The municipal housing security department shall, in concert with the municipal urban planning, land and resources department and the municipal human resources and social security department, inspect the conditions of the access to preferential housing policies of the Shenzhen, housing in Shenzhen, and payment of health insurance premiums about applicants and co-applicants within 30 working days. Inspection results by relevant departments shall be timely fed back to the municipal housing security department.

(3) The municipal housing security department shall publish the list of qualified applicants and co-applicants to the public for 15 days on the municipal government website and its own website.

(4) Where there are no objections or the objections are untenable upon the expiration of the publicity, the applicants shall be enrolled in the waiting list in accordance with the waiting rules for affordable commercial residential houses and the waiting information shall be open to the public.

(5) After an applicant in the waiting list gets the chance to select a house with the municipal housing security department at prescribed time, the municipal housing security department shall issue opinions on whether the applicant passes the examination and verification to the applicant and send a name list of qualified applicants to the real estate registration organ.

(6) The applicant shall enter into a contract of sales for affordable commercial residential houses with the developer by holding the opinions that the applicant is qualified of the municipal housing security department; the developer shall submit the contract to the municipal housing security department for record-filing within 10 days upon conclusion of the contract.

(7) After the developers complete the original registration of affordable commercial residential houses, they shall assist the applicants in filing for policy-supported house ownership certificates (green cover).

Where applicants fail to select houses or sign the contracts of sales for affordable commercial residential houses at the prescribed time, they shall be put back into the waiting list as required, and applicants originally waiting behind them shall fill vacancies in order of precedence.

For talents who file applications, they shall also submit the diplomas, degree certificates and talent identification documents.

Article 25 The developers shall publish sales information on affordable commercial residential houses to the public in a timely manner.

A developer that is an enterprise shall not sell affordable commercial residential houses on its own. Where a developer sells such houses on its own, the municipal real estate registration organ shall not handle the registration formalities for the houses so sold.

Article 26 The design requirements, size and area, construction standards, property right restrictions and ownership, decoration standards, project quality, and liability for breach of contract, and other contents shall be specified in the contract of sales between an applicant and a developer and conform to relevant laws, regulations, and policies.

The developer who violates stipulations of the contract of sales shall undertake the liability for breach of contract in accordance with law.

Article 27 A house purchaser falling under any of the following circumstances shall apply to the municipal housing security department for acquisition of an affordable commercial residential house by the government prior to acquiring complete property right of the house:

(1) the house purchaser needs to transfer the affordable commercial residential house purchased.

(2) the affordable commercial residential house is disposed of due to the bank’s achievement of the mortgage.

(3) the affordable commercial residential house needs to be disposed of due to people’s courts’ enforcement or other reasons.

(4) the household registration is moved out of Shenzhen.

(5) other circumstances stipulated by the municipal government.

Where it does not exceed 10 years from the date on which the contract of sales for the affordable commercial residential house was signed to the date on which an acquisition application is made, the acquisition price shall be the purchase price under the original contract; if it exceeds 10 years, the calculation formula for the acquisition price shall be: Acquisition Price = Original Purchase Price*[1-1.4%*(Number of Years between the Date on which the Original Contract of Sales was signed and the Date of Application for Acquisition-10 years)].

Where the affordable commercial residential house has been acquired, the real estate registration organ shall transact registration change for the house property right upon application.

Where a single resident who purchased a one-bedroom affordable commercial residential house gets married, he/she may apply to the government for acquisition of the house originally purchased and for purchasing an affordable commercial residential house with larger space. Specific measures shall be formulated by the municipal housing security department separately.

Article 28 After 10 years of signing the contract of sales, the property right owner of an affordable commercial residential house may apply for a complete property right in accordance with relevant policies.

Article 29 Where an affordable commercial residential house is auctioned or enforced by a court before the complete property right is obtained, the price difference shall be paid to the municipal housing security department and only after the proof issued by the municipal housing security department is acquired may the application for transacting property right registration for the affordable commercial residential house be made. If the proof issued by the municipal housing security department is not provided, the municipal real estate registration organ shall suspend the registration.

The price difference stipulated in the preceding paragraph is paid to the special municipal account for housing funds, and the calculation formula is as follows:

Price Difference Payable = Average per Square Meter Price for Commercial Residential Houses of Last Year upon Auction or Enforcement*Gross Floor Area-Original Purchase Price of the Affordable Commercial Residential House.

The average per square meter price of ordinary commercial residential houses last year on the market shall be subject to the announcement of the municipal urban planning, land and resources department.

Chapter   Legal Liability

Article 30 Applicants who make false applications by means of making misrepresentation, concealing relevant conditions or forging relevant proof materials, or swindle the affordable commercial residential houses under these Measures by falsification, bribery or other unjust means shall be handled in accordance with the Regulations of Shenzhen Municipality on Affordable Houses and relevant laws and regulations.

Applicants suspected of forging or altering official documents, certificates, proof documents of State organs, mass organizations, enterprises, public institutions or other organizations as well as using forged or altered ones shall be transferred by the municipal housing security department to public security organs for handling in accordance with provisions of the Law of the People’s Republic of China on Penalties for Violation of Public Security Administration; if a suspected crime is constituted, the applicants shall be referred to judicial organs for handling in accordance with law.

Article 31 Applicants and co-applicants violating relevant laws, regulations and provisions of these Measures shall, in addition to being punished according to  law, be put by the municipal housing security department into the records of bad activities, which shall be announced to the public on the government website of the municipal housing security department. Meanwhile, a duplicate of the announcement shall be sent to the organizations to which they belong and credit agencies.

Credit agencies shall put violations by applicants and co-applicants into the credit records as bad behaviors in accordance with law.

Article 32 Where a developer, in violation of provisions of these Measures, sells affordable commercial residential houses without authorization, the municipal real estate registration organ shall not transact real estate registration in accordance with law, and the municipal housing security department shall order the developer to stop these unlawful acts, and impose on the developer a fine of CNY100,000 per house for the affordable commercial residential houses for which the contracts of sales are concluded without authorization.

Article 33 Where an official of the relevant supervision departments, failing to perform duties in accordance with relevant provisions, neglects his/her duties, abuses his/her power, or seeks personal gains in his/her work, administrative liability shall be pursued according to law; if a suspected crime is constituted, the official shall be transferred to judicial organs for criminal liability to be pursued according to law.

Chapter   Supplementary Provisions

Article 34 For the purpose of these Measures, the self-possessed houses include policy-supported housing, fund-raising housing, removal settlement housing, housing with military real property right, self-built private housing and commercial housing that have obtained house ownership certificates or that have been purchased but not obtained a complete property right.

Policy-supported housing refers to the housing to which the government applies preferential policies, including quasi-cost housing, full-cost housing, social housing with small profits, low-cost housing and affordable commercial residential housing.

For the purpose of these Measures, preferential policies on house purchase include the purchase of policy-supported housing or the enjoyment of subsidies for house purchase.

Article 35 Detailed operation measures for urban renovation projects and utilization of their own land by enterprises to construct affordable commercial residential houses shall be implemented in accordance with relevant provisions of Shenzhen.

Article 36 The specific construction standards, set-style and structure, decoration and design requirements and quality supervision shall be governed by relevant provisions of Shenzhen regarding security housing construction.

For newly built affordable commercial residential houses, they shall be mainly designed to have two bedrooms and a certain number of one-bedroom and three-bedroom houses shall be built. The gross floor area for each house shall not exceed 90 square meters. Standardization and serialization design results regarding government security housing shall be promoted and applied actively.

Article 37 These Measures shall take effect as of June 1st, 2011.