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Original Title: Chengdu, Sichuan: Supervisory Updates for Pre-Sale of Commercial Homes in Special Accounts
Autumn scenery under the tall buildings of Chengdu.Photo by Liu Zhongjun
Chinanews.com, Chengdu, December 8 (Reporter Liu Zhongjun) The Chengdu Office of Housing and Urban-Rural Development revealed on the 8th that the city’s “Chengdu Commercial Housing Pre-Sale Supervision Measures” (hereinafter referred to as “Measures”) have been officially issued, and commercial housing All pre-sale funds are deposited directly into the monitoring account and the development company will not charge the purchase price in any other way in violation of regulations.
Advance payment refers to the total purchase price paid by the real estate development company to the advance buyer of the home who has obtained the advance sale permit for commercial housing and has not completed the project or completed the inspection and acceptance.
According to the “Measures”, the period of supervision of the pre-sale payment begins from the day the commercial housing obtains the pre-sale permit and ends when the commercial housing is delivered after the completion of the project and acceptance of the completion. . Supervision of pre-sale funds follows the principle of “special account storage, dedicated special funds, full supervision, node control and multi-party supervision”. The Chengdu Municipal Department of Housing and Construction is responsible for establishing a unified platform of pre-sale supervision services for the city. Before applying for a commercial housing pre-sale license, the development company must select a comprehensive branch of the supervising bank (hereinafter the company bank), taking the commercial housing project as its unit. Open a pre-sale payment supervision account and the company bank will need to open a supervision record account under the supervision account within the scope of the pre-sale permission (one minimum) to record the receipt, deposit and withdrawal of funds pre-sale; the development company and the supervisory authority, The bank must sign a tripartite supervision agreement on the advance payment.
The “Measures” approve the pre-sale payment supervision amount for the full amount of engineering construction costs required to complete the acceptance of parallel completion of pre-sale commercial housing after obtaining the pre-sale permit, which is specified in the tripartite supervision agreement. The advance payment supervision limit will be tied to the credit rating of the development company. When a development company applies for a commercial housing pre-sale permit, if the credit rating posted on the Chengdu Urban-Rural Housing and Construction Credit Information Platform is A ++ and a bank guarantee is provided, the regulatory limit will be lowered by 40%; if A + rating and bank guarantee are provided, the regulatory limit will be reduced by 20%; for level A and bank guarantees, the regulatory limit will be reduced by 10%; for level B, the regulatory limit will be determined at normal value; for level C, the regulatory limit will be increased by 20%; for level D, the regulatory limit will be increased by 40%.
The reporter noted that the “Measures” clarified that all pre-sale funds must be deposited directly into the supervisory account stipulated in the commercial housing pre-sale contract, and development companies should not collect home purchase payments in any other way. in violation of regulations. Prepayment includes down payment, down payment, installment payment, lump sum payment, business loan, housing provident fund loan, etc. paid by the buyer in accordance with the commercial housing advance sale contract. The Chengdu Municipal Office of Housing and Urban-Rural Development stated that after the funds in the supervision account reach the supervision limit, the enterprising bank can run the funds transfer business with the payment instructions of the company of development for funds that exceed the supervisory limit. The “Measures” also clarified the pre-sale balances at each project progress node.
The “Measures” propose that the Chengdu housing and construction department should strengthen the monitoring and random inspection of the supervision services platform, and include the supervision of pre-sale funds in each district (city) and county in the assessment annual; the supervisory department should quickly verify capital changes and accept inquiries and complaints, In conjunction with comprehensive law enforcement agencies to deal with violations in accordance with the law and public disclosure.
If the rectification is not carried out within the time limit, in accordance with the relevant regulations, the regulatory authority will notify the criticism and include it in the “Chengdu Credit Network” for public disclosure and copy to corporate headquarters; if the circumstances are serious, the development company and relevant people in charge will not participate in the new project on behalf of the company or individual For land auctions, applications for approval of new construction projects are not allowed and are suspended pre-sale permits for new projects.
If the supervising bank violates the pre-sale payment supervision financial services agreement or the responsible bank violates the tripartite pre-sale payment supervision agreement, it will be treated seriously in accordance with the agreement; If the circumstances are serious, it will be publicly notified and a copy sent to the Operations Management Department of the Chengdu Branch of the People’s Bank of China and the Sichuan Banking and Insurance Regulatory Commission. Office. If the lending bank does not issue business loans and loans from the undertaker’s housing provident fund to the supervisory account in accordance with the relevant regulations and, as a result, the supervisory account does not have sufficient funds to complete the project and construction has been suspended for more than 6 months, the supervisory authority will immediately announce it to the public and copy it to the Chengdu branch of the Operations Management Department of the People’s Bank of China and the Sichuan Banking and Insurance Regulatory Office. The Municipal Department of Housing and Construction will no longer sign financial services agreements for the supervision of pre-sale funds with them. When inspection, design, construction and supervision units provide false certificates or adopt other methods to assist development companies with the illegal withdrawal of pre-sale funds, the supervisory authority will order them to make the corrections within a limit of specified time. Public announcement.
It is reported that the “Chengdu Commercial Housing Pre-Sale Payment Supervision Measures” will be implemented from January 7, 2021, with a validity period of 3 years. (End up)
