The main contents of the "Draft for Comment" include:
Clearly improve the management of real estate pre-sale permit, improve the filing system of real estate sales price, and strengthen the supervision of sales behavior of development enterprises; In the second-hand housing transaction, it is clear that it is necessary to improve the price supervision mechanism of the real estate market and establish the existing commercial housing price guidance system; In terms of housing leasing, it is required to strengthen the management of rental houses, implement real-name leasing and establish a leasing supervision system.
In terms of penalties for violations of laws and regulations, in order to strengthen the supervision and punishment of the real estate market and maintain the order of the real estate market, the Measures, on the basis of clearly stipulating that the real estate authorities can take measures such as interviews, ordering corrections, and suspending online signing in the process of market supervision, further improve the administrative penalties imposed on various subjects in the real estate market according to the administrative punishment provisions of the upper-level law. Fines100000 to 500000.
In the "draft for comments" of more than 20,000 words, the reporter sorted out some things that everyone cares about:
In terms of new houses: the pre-sale conditions have improved.
Improvement of pre-sale conditions: the pre-sale of commercial housing should meet the upper limit of commercial housing projects below seven floors (including this number); Two-thirds of the above-ground commercial housing projects have been completed, and the assembled construction projects confirmed by the municipal and district authorities have completed eight regulations, of which one-third are above ground.
Prohibition of internal subscription: Real estate development enterprises shall not sell commercial housing directly or in disguised form by internal subscription or internal subscription before obtaining the pre-sale permit of commercial housing according to law.
It is forbidden to oversell: after obtaining the pre-sale permit or filing the current sale price, the real estate development enterprise shall publish all the commercial housing information and the time, place, method and price of sale at one time through the real estate information platform within 10, and sell it publicly, and shall not conduct non-public sales by means of internal subscription or internal subscription.
It is forbidden to exaggerate publicity: when selling finely decorated commercial houses, real estate development enterprises should publicize the names, brands and other information of decoration materials used in finely decorated commercial houses in a prominent position in the sales place. Sales advertisements, sales brochures and model houses of real estate development enterprises. , stating the description and commitment to the commercial housing and related facilities, which has a significant impact on the conclusion of the commercial housing sales contract and the determination of the price, shall be regarded as the content of the commercial housing sales contract.
Prohibition of price violations: after obtaining the pre-sale permit or filing the current sale price, it will not be sold publicly at one time, and the property will be hoarded in disguise to intercept the housing; Fabricating and spreading information such as price increase or housing shortage to drive up prices, causing market panic; Commercial housing sales are not clearly marked or not clearly marked according to the filing price, or sold above the marked price or charged unspecified fees. , which is a price violation, is strictly prohibited.
Second-hand housing: standardizing listing behavior
In improving the management of real estate agents:
1. Strengthen information management means. Real estate agents will record the addresses and personnel of their branches in the real estate information system, and the competent authorities can conduct spot checks on the recorded branch information.
2. If the commercial registration information such as the name, address, legal representative and business scope of the real estate brokerage institution and its branches is changed or the institution is cancelled, it shall go through the formalities of filing change and cancellation in time.
3. Improve the publicity system of real estate brokers. If a real estate brokerage institution cooperates with a third-party trading platform or uses other people's trademarks, it shall carry out business activities in its own name and publicize the legal responsibilities of all parties to consumers in a prominent position.
4. Standardize the housing behavior of real estate brokers. If the price of the real estate listed by the client obviously exceeds the actual transaction price of the real estate where the real estate is located, the real estate brokerage institution shall not accept and publish the housing.
At the same time, the establishment of the stock of commercial housing price guidance system:
1, improve the price supervision mechanism of the real estate market. The stock of commercial housing project transaction price is abnormal, given a warning by the municipal real estate department; There are price violations, which shall be punished by the market supervision department according to law.
2, the establishment of the stock of commercial housing price guidance system. The municipal competent department regularly publishes the reasonable transaction price information of the city's commodity housing projects, and guides the rational market transactions for the stock commodity housing projects with high social concern and large price fluctuations.
3. Establish a real estate market information reporting system. The real estate brokerage institution shall timely submit the information on the sale, lease listing and transaction of existing commercial housing to the municipal competent department, and be responsible for the authenticity and accuracy of the information submitted.
4. Improve the public credit information management system of the real estate industry. According to the regulations on the management of public credit information in our city, the real estate authorities will record the behaviors of real estate development enterprises, house leasing enterprises, brokerage and evaluation institutions and their employees that violate the industry self-discipline norms and violate laws and regulations as bad credit records, and publicize them to the public and push them to the municipal public credit institutions to implement joint punishment for dishonesty.
5. Improve the multi-sector linkage mechanism of real estate market supervision. On the basis of clarifying the division of responsibilities of the municipal and district real estate authorities, and in accordance with the principle of multi-sectoral coordinated supervision, we will supplement and improve the regulatory responsibilities of market supervision, financial supervision, banking supervision, internet management, taxation, etc., and form a joint force of supervision.
Lease: The per capita lease area shall not be less than 6 square meters.
1, strengthen the management of rental housing. First, rental houses and their ancillary facilities should meet the safety requirements of building structure, fire protection, geology, etc., have necessary production and living conditions such as water supply and power supply, and meet the national housing and construction department's control standards for indoor air pollutants; Second, if you rent a house, the room originally designed as a living space should be the smallest rental unit, with a per capita rental building area of not less than 6 square meters.
2. Implement real-name leasing. When renting a house, the lessor shall show the lessee his identity certificate, real estate ownership certificate or materials to prove the source of the house. The lessee shall show the identity certificate to the lessor. The lessor shall not lease the house to a natural person, a legal person or a person of an unincorporated unit who cannot provide proof of identity.
3, the implementation of lease contract filing and lease information declaration. After the abolition of the Regulations on Housing Lease in Shenzhen Special Economic Zone, illegal buildings left over from the history of rural urbanization (hereinafter referred to as historical illegal construction) are facing the problem of being unable to register and put on record. To this end, the "Measures" established a parallel system for filing lease contracts and reporting housing lease information. Belong to the legal property rights, can handle the lease contract for the record according to the provisions; If the record cannot be filed according to the regulations, the lease information declaration system shall be implemented to solve the problems of housing lease record management such as historical illegal construction.
4, the establishment of housing rental industry supervision system. First, it is a housing leasing enterprise that conducts housing leasing business activities including housing leasing business in this city, and handles the filing of housing leasing enterprises according to regulations after obtaining or changing its business license. If a natural person sublets a house to 10 or more, it shall go through industrial and commercial registration for the record. The second is to standardize the business behavior of leasing enterprises, establish the information publicity system and daily management system of housing leasing enterprises, and clarify the illegal business behavior and financial behavior prohibited.
5. Establish a supervision system for lease funds. A housing leasing enterprise shall set up a sole supervision account for leasing funds in commercial banks within the jurisdiction of this Municipality, and sign a supervision agreement for leasing funds. Housing leasing enterprises engaged in the use of purchasing and storing houses to carry out housing leasing business shall set up risk deposits or provide bank guarantees in regulatory accounts that match the registered capital and business scale. The lease fund supervision agreement shall specify the purpose, withdrawal method, withdrawal amount and retention ratio of the funds. If a commercial bank does not transfer funds in accordance with the lease fund supervision agreement, it shall be handled by the banking supervision department according to law and included in the public credit information management as a record of bad behavior. The specific measures for the supervision of lease funds shall be formulated separately by the municipal competent department in conjunction with the banking supervision and other departments.