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Shenyang: No liability for breach of contract due to delayed delivery of houses due to the epidemic, and a 2-month extension period will be granted

After more than ten cities introduced new policies to stabilize the property market, Shenyang also joined the queue. Shenyang has made it clear that if the delivery of houses is delayed due to the impact of the epidemic, it will not be held liable for breach of contract and will be given a 2-month extension period. At the same time, after the epidemic is effectively controlled and conditions such as temperature measurement, disinfection, and real-name registration of personnel are met, the sales will be lifted in an orderly manner. There are restrictions on the opening of offices and real estate agencies to the outside world.

On February 17, the Real Estate Bureau of Shenyang City, Liaoning Province, the Municipal Natural Resources Bureau and others jointly issued a notice on "Shenyang City’s Policies and Measures to Respond to the Novel Coronavirus Pneumonia Epidemic and Ensure the Stable and Healthy Development of the Real Estate Market" (Shen Fangfa [2020] No. 5).

The "Notice" requires that while doing a good job in epidemic prevention and control, we must effectively solve the difficulties and problems encountered by enterprises in production and operation to ensure the stable and healthy development of the real estate market.

Specifically, the content of this "Notice" involves promoting the orderly resumption of projects, ensuring land supply and improving management services, actively promoting the market entry and sales of commercial housing, steadily releasing commercial housing pre-sale regulatory funds, and doing a good job in housing The deposit and use of provident funds, the steady implementation of tax and fee support policies, the comprehensive protection of water, electricity and other elements, and the further improvement of administrative approval efficiency.

Among them, the "Notice" mentioned in clearly promoting the orderly resumption of projects that for projects that have obtained pre-construction permits, the validity period of the pre-construction permits will be temporarily extended to the end of March.

At the same time, we will ensure land supply and improve management services. We will clearly combine the needs of various districts and real estate companies for resumption of work, promptly adjust the scale, rhythm and timing of land supply, and fully promote the work on existing land, clean land, idle land, suspended and delayed construction projects, and further increase the supply of land. At the same time, if the payment time for land transfer fees is within the first-level response period to the epidemic, the payment time for this period can be extended to the fifth working day after the end of the first-level response period, and no liquidated damages will be included during this period.

In addition, Shenyang City actively promotes the entry and sales of commercial housing. The "Notice" shows that image progress review of commercial housing pre-sale license projects of real estate enterprises will be accepted 24 hours a day. During the first-level response period for epidemic prevention and control, the pre-sale permit area of ??not less than 20,000 square meters of commercial housing declared in each phase will be adjusted to be applied for each building (except for villa projects), but each building shall not be split. If the procedures for applying for a pre-sale license are complete, a pre-sale license will be issued immediately. After the epidemic is effectively controlled and conditions such as temperature measurement, disinfection, and real-name registration of personnel are met, restrictions on the opening of sales offices and real estate agencies will be lifted in an orderly manner. If the delivery of a house is delayed due to the impact of the epidemic, it will not be regarded as a breach of contract and a 2-month extension period will be given. If the contract between the home buyer and the real estate company exceeds 2 months, the contract will be handled in accordance with the agreement.

The "Notice" also stated that during the period of epidemic prevention and control, supervision of commercial housing pre-sale funds must continue to be implemented to ensure that all regulatory funds are used for the subsequent construction of the project and are strictly prohibited from being used for other purposes.