Administrative Measures for the Pre-Sale of Urban Commodity Housing (2004)

Administrative Measures for the Pre-Sale of Urban Commodity Housing (2004)

July 20, 2004

(Promulgated by Order No. 40 of the Ministry of Construction on November 15, 1994 and amended according to the Decision of the Ministry of Construction on Amending the Procedures for the Administration of Pre-sale of Urban Commodity Housing issued on August 15, 2001 and the Decision of the Ministry of Construction on Amending the Procedures for the Administration of Pre-sale of Urban Commodity Housing issued on July 20, 2004)

Article 1 These Procedures are formulated in accordance with the Law of the People's Republic of China on the Administration of the Urban Real Estate and the Administrative Regulations on Urban Real Estate Development and Operation to strengthen the administration of pre-sale of commodity housing and protect the lawful rights and interests of the parties in transactions of commodity housing.

Article 2 For the purposes of these Procedures, the term "pre-sale of commodity housing" refers to the act that the real property development enterprises (hereinafter referred to as development enterprises) pre-sell the housing under construction to purchasers and the purchasers pay the deposit or the price of housing.

Article 3 These Procedures shall apply to the administration of pre-sale of urban commodity housing.

Article 4 The construction administrative department of the State Council shall be responsible for the administration of pre-sale of urban commodity housing nationwide;
The construction administrative department of provinces, autonomous regions or municipalities directly under the central government shall be responsible for the administration of pre-sale of urban commodity housing within their respective administrative areas;
The construction administrative departments or the real property administrative departments of municipalities or counties (hereinafter referred to as the real property administrative department) shall be responsible for the administration of pre-sale of urban commodity housing within their administrative areas.

Article 5 The pre-sale of commodity housing shall meet the following conditions:
1.
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