What is the pre-sale of commercial housing?
Housing pre-sale, also known as commercial housing pre-sale and uncompleted residential flats pre-sale, refers to the real estate transaction behavior that the real estate development enterprise and the purchaser agree that the purchaser will pay the deposit or advance payment at a certain date in the future and own the existing house. Its essence is the buying and selling of housing futures, which is just a futures contract of housing. It and existing home sales have become two main forms of housing sales in China commercial housing market.
What are the conditions for the pre-sale of commercial housing in 2023?
I. Conditions and Steps for Pre-sale of Commercial Housing
Although the pre-sale of houses is a feasible sales method, if it is not well managed, it will easily lead to speculation and damage the legitimate rights and interests of consumers. Therefore, "People's Republic of China (PRC) Urban Real Estate Management Law" (hereinafter referred to as "Urban Real Estate Management Law") specifically stipulates the conditions for house pre-sale. According to the first paragraph of Article 44 of this Law, the pre-sale of houses shall meet the following conditions:
First, all land use right transfer fees have been paid and land use right certificates have been obtained. This provision is the basis for the pre-sale of commercial housing. Because only the land use right is legal, the houses built on the land can legally enter the circulation field, so as to achieve the purpose of pre-sale.
Second, hold a construction project planning permit. This provision is the premise of housing construction. Any construction project in the city must be placed under the overall planning of the city, and residential construction is no exception. The construction projects of real estate development enterprises conform to urban planning, and construction can only be started after obtaining the construction project planning permit.
Third, according to the pre-sale housing, the funds invested in development and construction will reach more than 25% of the total investment of the project, and the construction progress and completion delivery date will be determined. This provision is the key issue of housing pre-sale.
Fourth, go to the real estate management department of the people's government at or above the county level for pre-sale registration and obtain the pre-sale permit certificate of commercial housing.
Two, housing pre-sale should generally go through the following steps
First, the pre-seller receives the land use certificate and the construction project planning permit;
Second, the pre-seller handles the pre-sale registration and obtains the pre-sale permit;
Third, the pre-seller signs a pre-sale contract with the pre-buyer;
Fourth, pre-sale contract registration; Fifth, after the house is delivered, the property right registration shall be handled.
Three, the pre-sale of commercial housing shall meet the following conditions:
(a) have paid all the leasing fees for land use rights and obtained the certificate of land use rights;
(2) Holding a construction project planning permit and a construction permit;
(three) according to the pre-sale of commercial housing, the investment in development and construction has reached more than 25% of the total investment in engineering construction, and the construction progress and completion delivery date have been determined;
(four) to obtain the pre-sale permit of commercial housing.
According to the Administrative Measures for the Pre-sale of Urban Commercial Housing, the pre-sale of commercial housing is subject to a licensing system. If a real estate development enterprise meets the first three conditions, it shall apply to the construction administrative department of the people's government of the city or county or the real estate administrative department for the "Pre-sale Permit for Commercial Housing" and obtain the "Pre-sale Permit for Commercial Housing". Without obtaining, the pre-sale of commercial housing shall not be carried out.