Administrative Measures for the Sale of Commodity Houses
Administrative Measures for the Sale of Commodity Houses
Administrative Measures for the Sale of Houses
Order of the Ministry of Construction[2001]No. 88
April 4, 2001
The Administrative Measures for the Sale of Commodity Houses were verified and approved at the 38th meeting of the Standing Committee of the Ministry of Construction on March 14, 2001, and is promulgated by Order of Yu Zhengsheng, the Ministry of Construction of the People'sRepublic of China (No. 88) on April 4, 2001. It shall come into effect as of June 1, 2001.
Chapter I General Provisions
Article 1 These Measures 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, with a view to standardizing the sale of commodity houses, and to protect the lawful rights and interests of both parties engaging in commodity houses transactions.
Article 2 The sale of commodity houses and the administration thereof shall conform to these Measures.
Article 3 The sale of commodity houses includes spot sale and advance sale.
The spot sale in these Measures means the act that the real estate exploitation enterprise sells to the buyer completed commodity houses which have been inspected and accepted as qualified, and that the buyer pays for it.
The pre-sale in these Measures refers to the act that the real estate exploitation enterprise sells in advance to the buyer commodity houses under construction, and that the buyer pays deposit or price for the house.
Article 4 The real estate exploitation enterprise may sell commodity houses all by itself, and it may entrust intermediary service organizations to do so.
Article 5 The construction administrations under the State Council shall have the right to regulate the sale of commodity houses all over the country.
The construction administrations under the People'sGovernment of all provinces and autonomous regions shall have the right to regulate the sale of commodity houses within their own jurisdictions.
The construction administrations and real estate administrations (hereinafter referred to in general as real estate exploitation administrations) under the People'sGovernment of all counties, cities and municipalities directly under the Central Government shall have the right to regulate the sale of commodity houses in accordance with their specific responsibilities and within their own jurisdictions.
Chapter II Conditions for Sale
Article 6 The advance sale permission system shall be applicable to the advance sale of commodity houses.
The conditions for the advance sale of commodity houses and the procedure for advance sale permissions shall conform to relevant provisions stipulated in the Administrative Regulations on Urban Real Estate Development and Operation and in Measures for the Administration of Advance Sale of Urban commodity houses.
Article 7 Spot sales of commodity houses shall meet the following conditions:
1. The real estate exploitation enterprise making spot sales shall have a business license of business entities and a certificate of real estate exploitation;
2. The enterprise shall obtain a certificate or approval documents of land use;
3. The enterprise shall have the permission for construction project planning and the permission for construction;
4. The commodity houses shall have been completed and been inspected and accepted as qualified;
5. The relocation of the original residents shall have been well settled;
6.The supplementary essential facilities for supplying water, electricity, heating, gas, communication, etc. shall have been made ready for use, and other supplementary essential facilities and public facilities shall have been made ready for use, or the schedule of construction and delivery date of which shall have been specified;
7. The property management plan shall have been completed.
Article 8 Before making the spot sales of commodity houses, the real estate exploitation enterprise shall report for record to the real estate exploitation administrations the project manual of real estate exploitation as well as the relevant identification documents for the qualification of spot sales of commodity houses.
Article 9 Where the real estate exploitation enterprise sells commodity houses under hypothecation, the handling of which shall comply with relevant provisions stipulated in Security Law of the People's Republic of China and in Measures on Administration of Hypothecation of Urban Real Estate.
Article 10 Before the contract for commodity houses sale is cancelled, the real estate exploitation enterprise may not resell to others the commodity houses taken as the contract object.
Article 11 The real estate exploitation enterprise may not sell commodity houses by means of cost-returned sale or any such means in disguised forms.
The real estate exploitation enterprise may not sell uncompleted commodity houses by the after-sale lease guarantee or by any such means in disguised forms.
Article 12 Commodity houses shall be sold by apartment and the apartment may not be sold by its components.
Article 13 Where the real estate exploitation enterprise has employed the property management enterprise when selling commodity houses, the buyer shall, at the same time of concluding a contract for the sale of commodity houses, enter into a contract for property management with this property management enterprise.
Chapter III Advertisement and Contract
Article 14 When advertising for the sale of commodity houses, the real estate exploitation enterprises and the intermediary service organizations shall conform to relevant provisions enacted in the Advertising Law of the People's Republic of China and in the Interim Provisions on the Release of Real Estate Advertisements.
......