Article 1 In order to standardize the listing and trading of purchased public housing and affordable housing in our city, promote the development of the real estate market, promote the commercialization and socialization of housing, speed up housing construction, and improve the housing conditions of residents, these measures are formulated in accordance with the relevant provisions of the state and the province and combined with the actual situation of our city.
Article 2 These Measures shall apply to the first listing and trading of public housing and affordable housing in four administrative regions of Kunming, namely Wuhua, Panlong, Xishan and Guandu, where individuals have obtained full property rights. Subsequent transactions shall be carried out in accordance with the relevant provisions of the state, province and city.
Article 3 The term "purchased public housing and affordable housing" as mentioned in these Measures refers to the public housing purchased by urban workers at the cost price or the affordable housing purchased at the state-guided price (including housing for housing projects and cooperative housing with funds). According to the regulations of the state and Kunming Municipal People's Government on the reform of urban housing system.
Article 4 The term "initial listing transaction" as mentioned in these Measures refers to the purchase, sale, exchange, donation, lease and mortgage of purchased public housing or affordable housing that individuals have obtained full property rights for the first time according to law.
Individuals have purchased some public housing and affordable housing, and can only be listed and traded after purchasing all the property rights according to the provisions of Kunming Municipal People's Government on the reform of urban housing system.
Fifth Kunming City Housing Authority is the administrative department in charge of the listing and trading of purchased public housing and affordable housing in this Municipality, and is responsible for organizing the implementation of these measures.
Sixth individuals have purchased public housing and affordable housing for sale, under the same conditions, the original property units have the priority to buy. The real estate transaction management department shall notify the original property unit in writing before handling the registration of house transactions (except for the cancellation of the original property unit), and the original property unit shall give a reply within 10 days. If it is not submitted within the time limit, it shall be deemed as a waiver of priority.
Seventh individuals have purchased public housing and affordable housing listed transactions, the implementation of access system. In any of the following circumstances, it shall not be listed and traded:
(a) in violation of the relevant policies and regulations of the state to buy public housing and affordable housing, has purchased public housing or affordable housing and rented housing to enjoy preferential government policies;
(2) It has been mortgaged or transferred without the written consent of the mortgagee;
(three) it is difficult to build a new house after the listing;
(four) the frozen area of housing property rights and the houses that have changed the nature of use;
(five) laws, regulations and the provisions of the provincial and municipal people's governments are not allowed to go public.
Eighth individuals have purchased public housing and affordable housing listing procedures:
(1) Apply to Kunming Real Estate Administration for listing access, and provide the following materials:
1, "Approval Form for Listing and Trading of Purchased Public Housing and Economically Affordable Housing in Kunming" filled out according to regulations;
2. Legal title certificate;
3. Identity cards and household registration certificates of property owners and house owners;
4, the establishment of housing mortgage, according to the relevant provisions of the national mortgage policy to submit information;
5, the gift of housing, but also need to provide notarized documents at or above the county level.
(two) after passing the examination, issued the "Yunnan Province has purchased public housing listing permit", to the Kunming Housing Authority unified trading place for public trading. The two parties to the transaction signed the contract according to the text of the "Transaction Contract for Purchased Public Housing in Yunnan Province", and handled the transaction transfer, mortgage and lease registration procedures and paid relevant taxes and land income according to relevant regulations;
(three) the parties to the purchase, exchange and gift, after completing the transfer procedures, go to the relevant departments to handle the registration of real estate and land ownership transfer.
Ninth individuals have purchased public housing and affordable housing listed transactions, according to the following provisions to pay the relevant taxes and land revenue:
(1) The seller shall pay the comprehensive transaction tax at 3.5% of the transaction price or evaluation price, and pay the land income at 1% of the transaction price or evaluation price;
(2) The buyer shall pay deed tax and stamp duty according to the current national regulations;
(3) The service fee for authentication of real estate property right transaction is 0.3% of the transaction price or appraisal price, and both parties shall bear half of it;
(four) rental has purchased public housing and affordable housing, pay 2% of the monthly rental rental inspection service fee;
(five) other taxes and fees payable for the gift, mortgage and lease of houses shall be implemented in accordance with the tax law and relevant regulations.
Tenth purchased public housing and affordable housing exchange, for more than the equivalent part, the difference payer shall pay taxes according to the provisions of Article 9 of these measures.
If the purchased public housing and affordable housing are exchanged with other housing property rights, the difference payer shall pay taxes and fees according to the nature of the housing.
Eleventh for the first time to sell the purchased public housing or affordable housing, and then buy commercial housing, or buy commercial housing first, and then sell the purchased public housing or affordable housing, and the trading time is less than one year, it is regarded as housing exchange. After the transaction price of selling public housing or affordable housing is offset with the price of newly purchased housing, the remaining difference shall be subject to relevant taxes and fees in accordance with the provisions of Article 9 of these Measures.
Article 12 Both parties to a transaction shall truthfully declare the transaction price. The real estate transaction management department shall verify the declared transaction price. If the declared price is obviously lower than the market price, the real estate transaction management department shall entrust an appraisal institution with the qualification of real estate price appraisal to make an appraisal, and take the appraised price as the basis for calculating the tax payable.
Thirteenth according to the provisions of the tax payable by the real estate management department to collect, timely transfer to the tax and financial departments.
Fourteenth individuals have purchased public housing and affordable housing listed transactions, their income in accordance with the provisions of the relevant taxes and land revenue, owned by individuals.
When disposing of the mortgaged house, the mortgagee can get compensation according to law after deducting relevant taxes and fees according to the provisions of these measures.
Fifteenth has purchased public housing and affordable housing after the sale, the original delivery, extraction of housing maintenance fund, according to the use and actual funds, transferred to the new housing property rights.
Sixteenth individuals who have purchased public housing and affordable housing are not allowed to apply to the unit or the government for housing settlement, nor are they allowed to buy public housing or affordable housing at the cost of housing reform and enjoy preferential policies from the government.
Seventeenth Kunming City Housing Authority shall, within 5 working days from the date of receiving the application for listing and selling, make a written opinion on whether to approve the listing and selling of purchased public housing or affordable housing.
Eighteenth in violation of these measures will have purchased public housing and affordable housing listed, the relevant departments shall not handle the transaction confirmation, transfer of property rights, mortgage, lease registration procedures, and impose a fine of 3000 yuan to 10000 yuan.
Article 19 If, in violation of these measures, purchased public housing and affordable housing are put on the market for sale, and families purchase public housing and affordable housing by illegal means at cost, the real estate administrative department shall order them to return the purchased housing, refuse to go through the formalities of property right registration, and may impose a fine of more than 3,000 yuan 1 10,000 yuan. Or make up the house price according to the market price of commercial housing, and impose a fine of more than 3000 yuan 10000 yuan.
Twentieth departments and their staff responsible for examining and handling the access, listing and transaction management of purchased public housing and affordable housing shall perform their duties in strict accordance with these measures, act according to law and provide civilized services.
If the relevant administrative departments fail to go through the formalities of access approval, transaction and ownership transfer registration within the prescribed working time limit, the administrative responsibility of the responsible person shall be investigated.
Twenty-first the specific application of these measures, by the Kunming City Housing Authority is responsible for the interpretation of.