Order of People’s Republic of China (PRC) Ministry of Construction
No.88
The "Measures" for the management of commercial housing sales have been deliberated and adopted at the 38th executive meeting of the Ministry of Construction on March 14th, 2001, and are hereby promulgated and shall come into force as of June 1st, 2001.
Minister Yu Zhengsheng
April 4, 2001
Measures for the administration of commercial housing sales
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Law of People’s Republic of China (PRC) Municipality on the Administration of Urban Real Estate and the Regulations on the Administration of Urban Real Estate Development and Operation in order to regulate the sales of commercial housing and protect the legitimate rights and interests of both parties to commercial housing transactions.
Second commercial housing sales and commercial housing sales management shall abide by these measures.
Article 3 The sale of commercial housing includes the spot sale of commercial housing and the pre-sale of commercial housing.
The term "spot sale of commercial housing" as mentioned in these Measures refers to the act that a real estate development enterprise sells the commercial housing that has passed the completion acceptance to the buyer, and the buyer pays the house price.
The term "pre-sale of commercial housing" as mentioned in these Measures refers to the act of real estate development enterprises selling the commercial housing under construction to the buyer in advance, and the buyer pays the deposit or house price.
Article 4 Real estate development enterprises may sell commercial houses by themselves or entrust real estate intermediary service agencies to sell commercial houses.
Fifth the State Council construction administrative departments responsible for the national commercial housing sales management.
The construction administrative departments of the people’s governments of provinces and autonomous regions shall be responsible for the sales management of commercial housing within their respective administrative areas.
The construction administrative departments and real estate administrative departments of the people’s governments of municipalities directly under the central government, cities and counties (hereinafter referred to as the real estate development administrative departments) shall be responsible for the sales management of commercial housing within their respective administrative areas according to the division of responsibilities.
Chapter II Conditions of Sale
Article 6 The pre-sale permit system shall be implemented for the pre-sale of commercial housing.
The pre-sale conditions of commercial housing and the procedures for the pre-sale permit certificate of commercial housing shall be implemented in accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation and the Measures for the Administration of Urban Commercial Housing Pre-sale.
Article 7 The sale of commercial housing shall meet the following conditions:
(a) the real estate development enterprise that sells commercial housing now shall have the business license of enterprise legal person and the qualification certificate of real estate development enterprise.
(two) to obtain the certificate of land use right or the approval document of land use;
(three) holding a construction project planning permit and a construction permit.
(4) It has passed the completion acceptance;
(five) the demolition and resettlement has been implemented.
(six) water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery, other supporting infrastructure and public facilities have the conditions for delivery or have determined the construction progress and delivery date;
(seven) the property management plan has been implemented.
Article 8 A real estate development enterprise shall submit the real estate development project manual and relevant supporting documents that meet the conditions for the sale of commercial housing to the real estate development department for the record before the sale of commercial housing.
Article 9 When a real estate development enterprise sells a commercial house with mortgage, the mortgage shall be handled in accordance with the relevant provisions of the Guarantee Law of People’s Republic of China (PRC) and the Measures for the Administration of Urban Real Estate Mortgage.
Article 10 A real estate development enterprise shall not resell the commercial house as the subject matter of the contract to others before the commercial house sales contract is terminated.
Article 11 Real estate development enterprises shall not sell commercial houses by means of return to cost or return to cost in disguised form.
Real estate development enterprises shall not sell unfinished commercial houses by after-sales charter or disguised after-sales charter.
Twelfth commercial housing sales by the set, shall not be divided into zero sales.
Thirteenth commercial housing sales, real estate development enterprises hired a property management company, the buyer shall conclude a property management agreement with the property management company hired by the real estate development enterprises when concluding a contract for the sale of commercial housing.
Chapter III Advertising and Contracts
Fourteenth real estate development enterprises, real estate intermediary service agencies to publish commercial housing sales advertising, should implement the "People’s Republic of China (PRC) Advertising Law", "Interim Provisions on Real Estate Advertising" and other relevant provisions, the advertising content must be true, legal, scientific and accurate.
Fifteenth real estate development enterprises, real estate intermediary service agencies issued commercial housing sales advertisements and promotional materials clearly stated, the parties should be agreed in the commercial housing sales contract.
Sixteenth commercial housing sales, real estate development enterprises and buyers should conclude a written contract for the sale of commercial housing.
Commercial housing sales contracts shall specify the following main contents:
(1) the name or the name and domicile of the party concerned
(2) Basic conditions of commercial housing;
(3) Sales methods of commercial housing
(four) the way to determine the price of commercial housing and the total price, payment method and payment time;
(5) Conditions and date of delivery.
(six) decoration, equipment standards commitment;
(seven) water supply, power supply, heating, gas, communications, roads, greening and other supporting infrastructure and public facilities delivery commitments and related rights and responsibilities.
(eight) the ownership of public supporting buildings;
(nine) the way to deal with the area difference
(10) Handling matters related to the registration of property rights;
(eleven) the method of dispute resolution
(12) Liability for breach of contract;
(13) Other matters agreed by both parties.
Article 17 The sales price of commercial housing shall be determined by the parties through consultation, unless otherwise stipulated by the state.
Eighteenth commercial housing sales can be priced according to the suite (unit), can also be priced according to the interior construction area or construction area.
The construction area of commercial housing consists of interior construction area and shared common construction area. The interior construction area is an independent property right, while the shared common construction area is a common property right. The buyer shall enjoy the rights and bear the responsibilities according to the provisions of laws and regulations.
If it is priced according to the suite (unit) or the interior construction area, the commercial housing sales contract shall indicate the construction area and the shared construction area.
Nineteenth according to the set (unit) valuation of the house for sale, the parties can directly agree on the total price in the contract after field investigation of the house for sale.
For the pre-sale houses priced by units, the real estate development enterprise shall attach the floor plan of the houses sold in the contract. The plan shall indicate the detailed dimensions and stipulate the error range. When the house is delivered, the apartment type is consistent with the design drawings, and the relevant dimensions are also within the agreed error range, so as to maintain the total price unchanged; If the apartment type is inconsistent with the design drawings or the relevant dimensions are beyond the agreed error range, and the treatment method is not agreed in the contract, the buyer may return the house or re-agree the total price with the real estate development enterprise. If the buyer cancels the house purchase, the real estate development enterprise shall bear the liability for breach of contract.
Twentieth according to the interior construction area or construction area, the parties shall specify in the contract the way to deal with the error between the area agreed in the contract and the registered area of property rights.
If there is no agreement in the contract, it shall be handled according to the following principles:
(1) If the absolute value of the area error ratio is within 3% (including 3%), the house price shall be settled according to the facts.
(2) When the absolute value of the area error ratio exceeds 3%, the buyer has the right to return the house. If the Buyer cancels the house purchase, the real estate development enterprise shall return the paid house price to the Buyer within 30 days upon the Buyer’s cancellation of the house purchase, and pay the interest on the paid house price at the same time. If the Buyer refuses to return the house, and the registered area of the property right is larger than the area agreed in the contract, the house price with the area error ratio within 3% (including 3%) shall be made up by the Buyer; The house price exceeding 3% shall be borne by the real estate development enterprise, and the property right shall belong to the buyer. When the registered area of property rights is less than the area agreed in the contract, the house price of the part with the absolute value of the area error ratio within 3% (including 3%) shall be returned to the buyer by the real estate development enterprise; The house price exceeding 3% in absolute value shall be returned to the buyer by the real estate development enterprise twice.
Property registration area-the area agreed in the contract
Area error ratio =—————× 100%
Contracted area
If the area difference is caused by the planning and design changes specified in Article 24 of these Measures, if the parties do not terminate the contract, they shall sign a supplementary agreement.
Article 21 If the valuation is based on the construction area, the parties shall stipulate in the contract the interior construction area and the shared total construction area, and stipulate the handling methods when the interior construction area is not changed and there are errors between the construction area and the interior construction area.
Twenty-second do not meet the conditions for the sale of commercial housing, real estate development enterprises shall not sell commercial housing, and shall not charge the buyer any fees in the nature of advance payment.
If it meets the conditions for the sale of commercial housing, if the real estate development enterprise charges the buyer a fee in the nature of the advance payment before concluding the contract for the sale of commercial housing, the fee charged shall be used as the house price when concluding the contract for the sale of commercial housing; If the parties fail to conclude a contract for the sale of commercial housing, the real estate development enterprise shall return the fees charged to the buyer; Unless otherwise agreed between the parties, such agreement shall prevail.
Twenty-third real estate development enterprises should express the Measures for the Administration of Commercial Housing Sales and the Model Text of Commercial Housing Sales Contract to the buyer before concluding the commercial housing sales contract; Pre-sale of commercial housing, but also must express the "urban commercial housing pre-sale management measures."
Twenty-fourth real estate development enterprises shall, in accordance with the approved planning, design and construction of commercial housing. After the sale of commercial housing, real estate development enterprises shall not change the planning and design without authorization.
If the planning changes approved by the planning department and the design changes agreed by the design unit lead to changes in the structural type, apartment type, spatial size and orientation of the commercial housing, and other circumstances that affect the quality or use function of the commercial housing as agreed by the parties to the contract occur, the real estate development enterprise shall notify the buyer in writing within 10 days from the date of establishment of the changes.
The buyer has the right to make a written reply on whether to return the house within 15 days after the arrival of the notice. If the buyer fails to give a written reply within 15 days after the arrival of the notice, it shall be deemed as accepting the change of planning and design and the resulting change of house price. If the real estate development enterprise fails to notify the buyer within the specified time limit, the buyer has the right to return the house; If the buyer cancels the house purchase, the real estate development enterprise shall bear the liability for breach of contract.
Chapter IV Sales Agency
Article 25 If a real estate development enterprise entrusts an intermediary service agency to sell commercial housing, the entrusted agency shall be a real estate intermediary service agency established according to law and obtained a business license.
A real estate development enterprise shall conclude a written entrustment contract with the entrusted real estate intermediary service institution, and the entrustment contract shall specify the entrustment period, the entrustment authority and the rights and obligations of the client and the principal.
Twenty-sixth commissioned real estate intermediary service agencies to sell commercial housing, should show the relevant documents of commercial housing and commercial housing sales power of attorney to the buyer.
Twenty-seventh commissioned real estate intermediary service agencies to sell commercial housing, it should truthfully introduce the relevant information about the sale of commercial housing to the buyer.
The entrusted real estate intermediary service agency shall not sell commercial housing that does not meet the sales conditions.
Twenty-eighth commissioned real estate intermediary service agencies shall not charge any fees other than commission when selling commercial houses as agents.
Twenty-ninth commercial housing sales personnel should receive professional training before engaging in commercial housing sales business.
Chapter V Delivery
Thirtieth real estate development enterprises shall, in accordance with the contract, deliver the commercial houses that meet the delivery conditions to the buyers on schedule. Failing to deliver 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 in the contract, the real estate development enterprise shall promptly inform the buyer.
Article 31 If a real estate development enterprise sets up a model house when selling commercial housing, it shall explain whether the quality, equipment and decoration of the actually delivered commercial housing are consistent with the model house. If no explanation is made, the actually delivered commercial housing shall be consistent with the model house.
Article 32 When selling commercial housing, the real estate development enterprise shall provide the Buyer with the Housing Quality Guarantee and the Housing User Manual in accordance with the Provisions on Implementing the System of Quality Guarantee and Housing User Manual for Commercial Housing (hereinafter referred to as the Provisions).
Thirty-third real estate development enterprises shall bear the quality warranty responsibility for the commercial housing sold. The parties shall stipulate the warranty scope, warranty period, warranty responsibility and other contents in the contract. The warranty period is calculated from the date of delivery.
The warranty period of commercial housing shall not be less than the duration of the warranty period stipulated in the quality warranty issued by the construction project contractor to the construction unit; If the duration is less than the minimum warranty period specified in the Regulations, the warranty period shall not be less than the minimum warranty period specified in the Regulations.
The warranty period of non-residential commercial housing shall not be less than the duration of the warranty period stipulated in the quality warranty issued by the construction project contractor to the construction unit.
In case of quality problems within the warranty period, the real estate development enterprise shall fulfill the warranty obligations and be liable for the losses caused. Real estate development enterprises shall not be responsible for the damage caused by force majeure or improper use.
Thirty-fourth real estate development enterprises shall entrust units with real estate surveying and mapping qualifications to carry out surveying and mapping according to the project before the delivery of commercial housing, and the surveying and mapping results shall be reported to the real estate administrative department for examination and approval before being used for housing ownership registration.
The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information required for the registration of housing ownership to the real estate administrative department where the house is located.
Real estate development enterprises shall assist the buyers of commercial houses to handle the procedures of land use right change and house ownership registration.
Article 35 After the commercial house is delivered for use, if the buyer thinks that the quality of the main structure is unqualified, he may entrust an engineering quality inspection agency to re-check it in accordance with relevant regulations. After verification, if the quality of the main structure is really unqualified, the buyer has the right to return the house; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation according to law.
Chapter VI Legal Liability
Article 36 Whoever sells commercial houses without obtaining a business license shall be punished by the administrative department for industry and commerce of the people’s government at or above the county level in accordance with the regulations on the management of urban real estate development and operation.
Thirty-seventh without obtaining the qualification certificate of real estate development enterprises, unauthorized sale of commercial housing, shall be ordered to stop sales activities, a fine of 50 thousand yuan to 100 thousand yuan.
Thirty-eighth in violation of laws and regulations, unauthorized pre-sale of commercial housing, shall be ordered to stop the illegal act, confiscate the illegal income; Those who receive advance payment may be fined less than 1% of the advance payment already received.
Thirty-ninth before the termination of the commercial housing sales contract, the commercial housing as the subject matter of the contract is sold to others, and a warning is given, and it is ordered to make corrections within a time limit, and a fine of 20,000 yuan to 30,000 yuan is imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fortieth real estate development enterprises that fail to organize the final acceptance, fail to pass the acceptance, or deliver the unqualified commercial houses without authorization, shall be punished in accordance with the Regulations on Quality Management of Construction Projects.
Article 41 If a real estate development enterprise fails to submit the surveying and mapping results or the materials needed to handle the registration of house ownership provided by it to the real estate administrative department, it shall be given a warning, ordered to make corrections within a time limit, and may be fined between 20,000 yuan and 30,000 yuan.
Forty-second real estate development enterprises in the sale of commercial housing in one of the following acts, shall be given a warning, ordered to make corrections within a time limit, and may be fined 10 thousand yuan to 30 thousand yuan.
(a) failing to sell the commercial housing in accordance with the prescribed conditions for sale;
(2) failing to submit the real estate development project manual and relevant supporting documents that meet the conditions for the sale of commercial housing to the real estate development department for the record before the sale of commercial housing in accordance with the regulations.
(three) return to the original sales or disguised return to the original sales of commercial housing;
(four) to take after-sales charter or disguised after-sales charter to sell unfinished commercial housing.
(five) split the sale of commercial housing;
(six) do not meet the conditions for the sale of commercial housing, and charge the buyer a fee of the nature of the advance payment.
(7) Failing to express the Measures for the Administration of Commercial Housing Sales, the Model Text of Commercial Housing Sales Contract and the Measures for the Administration of Urban Commercial Housing Pre-sale to the buyer in accordance with regulations;
(8) Entrusting unqualified institutions to sell commercial houses as agents.
Forty-third real estate intermediary service agencies selling commercial housing that do not meet the sales conditions shall be given a warning and ordered to stop selling, and may be fined between 20,000 yuan and 30,000 yuan.
Article 44 State functionaries who neglect their duties, abuse their powers or engage in malpractices for selfish ends in the management of commercial housing sales shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 45 The term "return-to-capital sales" as mentioned in these Measures refers to the behavior of real estate development enterprises to sell commercial houses by regularly returning the purchase price to the buyers.
The term "after-sale charter" as mentioned in these Measures refers to the behavior of real estate development enterprises to sell commercial housing by renting or renting the commercial housing purchased by the buyer for a certain period of time.
The term "split sales" as mentioned in these Measures refers to the behavior of real estate development enterprises to sell commercial houses by dividing complete sets of commercial houses into several parts and selling them to buyers respectively.
The term "property registration area" as mentioned in these Measures refers to the housing area confirmed by the real estate administrative department.
Article 46 The construction administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed implementation rules according to these Measures.
Forty-seventh approach by the the State Council municipal construction administrative departments responsible for the interpretation of.
Article 48 These Measures shall come into force as of June 1, 2001.