(a) approved and registered by the administrative department for Industry and commerce, and obtained the right to operate and develop real estate;
(two) with the approval of the land management department, obtain the land use right of the development project;
(three) has been approved by the municipal planning administrative department and has handled the fixed assets investment license;
(four) has gone through the formalities for the registration of housing property rights to the municipal real estate management department;
(five) in addition to the payment of land transfer fees for the pre-sale of commercial housing, where underground facilities are attached, the funds invested in development and construction must reach more than 20% of the total investment; Without underground facilities, it is necessary to complete the foundation project below the design floor or complete the foundation project of a single project;
(6) A convention on the use, management and maintenance of houses should be concluded. Seventh commercial housing development enterprises, must apply to the municipal real estate management department for sales, after examination and approval to receive the "commercial housing sales license", the municipal real estate management department issued a notice of commodity sales through newspapers, before sales.
If it is really necessary to sell commercial housing overseas, an application shall be submitted to the municipal real estate management department, and the commercial housing can be sold only after the export license is approved. Article 8 An application for an export license for commercial housing shall meet one of the following conditions in addition to Article 6 of these Provisions:
(a) the land use right transfer contract can be sold overseas;
(two) the project has been approved for overseas sales at the time of project establishment;
(three) approved by the municipal government to sell overseas. Article 9 The application for pre-sale of commercial housing shall include the following contents:
(1) The location, scope (attached figure), structure, use, level and area of the commodity house;
(two) the construction contract and progress certificate issued by the construction unit;
(3) Date of sale and delivery;
(four) the benchmark price of commercial housing sales;
(five) after-sales management and maintenance plan;
(six) the supervision mode of pre-sale housing prices;
(seven) other matters that the development enterprise considers necessary. Article 10 The municipal real estate management department shall make an audit conclusion within 10 days from the date of receiving the sales application of the development enterprise, and issue a commercial housing sales license or a commercial housing export license to those who approve the sales.
The approved application matters are binding on the applicant enterprise. Eleventh development enterprises to sell commercial housing, should be in the sales place publicity "commercial housing sales license"; If it needs to be sold overseas, it shall also publicize the export license of commercial housing at the place of sale.
The winning bidder must verify the commercial housing sales license or commercial housing export license before purchasing. Twelfth commercial housing approved for sale must be publicly listed in the Nanjing real estate trading market, with a clear price tag. Thirteenth development enterprises to publish commercial housing sales, pre-sale advertisements, must hold the "commercial housing sales license" or "commercial housing export license" issued by the municipal real estate management department, and indicate the license number in the advertisement. In violation of the provisions, the advertising business unit shall refuse to publish sales advertisements for it. Fourteenth units that accept the agency to sell commercial housing must have the right to operate the real estate sales agency and sell it as an agent according to the regulations. The entrusted unit shall act as an agent at the price specified in the power of attorney, and shall not increase the price without authorization. Article 15 The advance payment for commercial housing shall be deposited into a special account opened by the bank specified in the approved sales application, which shall be used exclusively for the construction of commercial housing, and the tax payable shall be supervised by the bank where the account is opened. Sixteenth pre-sale of commercial housing must sign a pre-sale contract. The winning bidder shall, within 10 days after the signing of the pre-sale contract, apply to the municipal real estate management department for registration and supervision of the pre-sale contract. The sale of commercial housing without pre-sale contract registration and supervision is not protected by law. Seventeenth development enterprises and buyers shall, within 3 months from the date of signing the spot transaction contract of commercial housing (the date of actual delivery of futures transactions), apply to the municipal real estate management department for the signing, transfer and tax payment procedures of commercial housing transaction contracts. Those who fail to handle it within the time limit shall be punished in accordance with the relevant provisions of the provisional regulations on deed tax. Eighteenth development enterprises shall submit the following documents when signing, transferring and paying taxes and fees for commercial housing transactions:
(a) all of the housing or commercial housing registration certificate;
(2) Certificate of land use right;
(three) the project commencement report and the annual investment plan approval;
(4) Building permit;
(five) the project completion acceptance certificate;
(six) the legal representative certificate;
(7) Sales (pre-sale) contract.