Solicit regulatory opinions from the public.
65438+February 65438+March, Xi Housing and Urban-Rural Development Bureau issued a notice on soliciting opinions on the Measures for Supervision and Management of Pre-sale Funds of Commercial Housing in Xi (Draft for Comment). According to the notice, in order to further improve the supervision system of pre-sale funds of commercial housing in Xi, protect the legitimate rights and interests of buyers and prevent risks in the real estate market, our bureau and Xi Housing Provident Fund Management Center jointly drafted the Measures for Supervision and Management of Pre-sale Funds of Commercial Housing in Xi.
The time for public comments and suggestions is 20 19 12 14 to 20 19 12 3 1. Relevant units and people from all walks of life can feedback their written opinions and suggestions to Xi Housing and Urban-Rural Development Bureau in the following ways.
What is the content?
The use of pre-sale funds for commercial housing, etc.
According to the Measures for the Supervision and Management of Pre-sale Funds of Commercial Housing in Xi (Draft for Comment) (hereinafter referred to as the Measures), these Measures are applicable to the deposit, expenditure, use, supervision and management of pre-sale funds of commercial housing development projects with pre-sale permission within the administrative area of Xi.
The term "pre-sale funds for commercial housing" as mentioned in these Measures refers to the purchase money (including deposit, down payment, purchase loan and other forms of purchase money) paid by the purchaser to the development enterprise in accordance with the contract when the real estate development enterprise obtains the pre-sale permit for commercial housing.
The supervision of pre-sale funds of commercial housing follows the principles of guidance and supervision by government departments, bank supervision, earmarking, earmarking and closed management, and gives priority to the construction progress payment, equipment and materials payment, statutory tax payment and other expenses related to the commercial housing development project.
Who will supervise?
The government designated a special supervision institution for pre-sale funds of commercial housing.
It is clear in the Measures that the Xi Housing and Urban-Rural Development Bureau is responsible for guiding and supervising the supervision of the pre-sale funds of commercial housing in the city, researching and developing a depository platform for the pre-sale funds of commercial housing, and formulating a model text of the supervision agreement for the pre-sale funds of commercial housing; Organize and implement the supervision of pre-sale funds within the administrative areas of Xincheng District, beilin district, Lianhu District, Yanta District, weiyang district and Baqiao District, as well as within the planning areas of High-tech Zone, Economic Development Zone, Qujiang New District, Chanba Ecological Zone, Aerospace Base and International Port Area.
The bureau entrusts Xi 'an Zhicheng Asset Management Co., Ltd., a state-owned enterprise, as a special supervision institution for the pre-sale funds of commercial housing, and is specifically responsible for setting up a special account for the supervision of the pre-sale funds of commercial housing in the above areas; Alteration and rescission of the Agreement on Supervision of Commercial Housing Pre-sale Funds; Daily work such as deposit and use monitoring of pre-sale funds.
The housing and construction departments of Chang 'an, Lintong, Yanliang, Gaoling, Huyi District, Aviation Base, Zhouzhi and Lantian County are specifically responsible for the supervision and management of the pre-sale funds of commercial housing within their respective jurisdictions.
Xi housing provident fund management center is responsible for the supervision and management of the issuance and settlement of entrusted bank provident fund loans.
Commercial banks (hereinafter referred to as regulatory banks) that undertake the supervision of pre-sale funds of commercial housing are responsible for the supervision of the expenditure and use of pre-sale funds of commercial housing. Specifically responsible for supervising the opening and cancellation of accounts; Collection and disbursement of pre-sale funds; Submit the income and expenditure of pre-sale funds daily; Timely report the illegal collection, expenditure and use of pre-sale funds.
How to use it?
Implement key supervision over pre-sale funds.
The "Measures" clearly stipulate that the pre-sale funds of commercial housing shall be supervised in the whole process and the whole process, focusing on the pre-sale funds used to pay for engineering construction and other expenses. The amount of key supervision funds is 65,438+0.2 times of the total project construction funds required for commercial housing development projects to reach the completion delivery conditions and obtain the construction project completion acceptance record form.
The special account for the supervision of pre-sale funds of commercial housing was set up by Xi Anzhicheng Asset Management Co., Ltd., and the only pre-sale funds supervision account was opened in the branch designated by the branch of the supervision bank, which was specially used to collect the purchase money paid by the buyers to the real estate development enterprises.
The funds for the pre-sale of commercial housing for property buyers shall all be deposited in a special supervision account, which shall be supervised by the supervision bank, and the developer shall not directly collect or set up another account to store the purchase price of the property buyers. The supervision period of pre-sale funds of commercial housing starts from the date of issuing the pre-sale permit of commercial housing to the date of first real estate registration of the development project supervision building.
How to store it?
The buyer directly deposits into the supervision account through the bank.
It is clear in the Measures that the pre-sale funds of commercial housing shall be directly deposited into the supervision account by the purchaser in accordance with the agreement on the subscription of commercial housing and the contract for the sale of commercial housing, and the deposit certificate of pre-sale funds printed on the deposit guide platform shall be supervised through the counter of bank outlets.
If the purchaser borrows money to purchase commercial housing, the loan funds shall be directly transferred to the supervision account by the loan bank or the housing provident fund management department after the loan is issued, and it is strictly forbidden to keep or transfer them to other accounts without permission.
How to check out?
The developer will settle the refund first.
It is clear in the Measures that the use plan of pre-sale funds for commercial housing should be formulated according to the project construction plan and the payment time agreed in the construction contract, and set according to the nodes such as main structure acceptance, completion acceptance, completion acceptance filing, and first registration of real estate. Commercial housing pre-sale funds should be allocated according to the construction progress of commercial housing development projects.
After accepting the application for the use of pre-sale funds of commercial housing by real estate development enterprises, the supervision bank shall conduct on-the-spot review of the construction progress of development projects and strictly examine them in combination with the actual situation of the project construction. Those who meet the requirements shall be allocated within 2 working days from the date of application.
Among them, if the real estate development enterprise and the purchaser cancel the commercial housing sales contract and need to refund the pre-sale payment already paid, and the accumulated amount in the supervision account does not reach the amount of key supervision funds, the real estate development enterprise will settle the refund first, and after the supervision bank has audited, the corresponding purchase payment will be returned from the supervision account to the development enterprise account; If the accumulated credit line in the supervision account exceeds the amount of key supervision funds, the development enterprise will settle the refund by itself, and it will not be charged separately in the supervision account.
How to manage?
Developers who fail to collect fees according to regulations will be disqualified from signing online.
It is clear in the Measures that if a real estate development enterprise fails to collect and use the pre-sale funds of commercial housing according to the regulations, the housing construction department will seriously investigate and deal with it, order it to make rectification within a time limit, suspend online sales and supervise the disbursement of funds, and record its violations in the enterprise credit file.
If the regulatory bank violates the regulations or fails to supervise the pre-sale funds of commercial housing in accordance with the agreement, estimates that the project cost is too low, allocates funds without authorization or commits other irregularities, its regulatory qualification shall be revoked; If the supervision project cannot be delivered smoothly, it shall be jointly and severally liable for compensation in accordance with the supervision agreement.
If the housing loan issuing bank or the housing provident fund entrusted loan bank fails to directly transfer the loan funds into the supervision account in accordance with the regulations and undertake the supervision business of commercial housing pre-sale funds, the supervision qualification shall be revoked; Without the supervision of commercial housing pre-sale funds, it shall not be carried out within three years.