On June 1 June1day this year, the first regulation in Henan history to comprehensively regulate the transaction and management of affordable housing construction-"Administrative Measures for Affordable Housing Construction in Zhengzhou City" will be implemented. Yesterday, Zhengzhou Municipal Government issued this new regulation. The "Measures" stipulate that the construction area of a single set of affordable housing shall not exceed 1.20 square meters, the information of buyers shall be publicized in the place of residence, affordable housing shall not be rented, and it shall not be listed and traded for five years. The profit of the transaction belongs to the government, and the fraudulent property buyers will not only be fined 1000 yuan, but also recover the real estate license. All kinds of regulations protect the interests of low-and middle-income people in buying houses. At the same time, the military economic applicable housing construction plan is also included in Zhengzhou economic applicable housing construction plan.
Experts predict that due to the provisions of the Measures, in the future, affordable housing will be provided by administrative allocation and land will be taken from the reserved land, and the development cost will be greatly reduced. After the implementation of the Measures, the price of affordable housing is expected to be reduced.
A quiet life will make you happy. At present, in addition to raising funds to build welfare housing, buying affordable housing in the city is the best choice for low-and middle-income people. However, due to imperfect laws and regulations, the original intention of the government to build affordable housing has not been realized. Developers enjoy preferential policies and build 200 square meters duplex houses under the guise of building affordable housing to seek economic benefits. There are many "rich people" who drive BMW cars to live in affordable housing, but those real low-and middle-income people can't buy houses urgently. After the implementation of the Measures, this situation will be greatly changed.
Purchase multiple restrictions
The area of a single house shall not exceed 120 square meters. The measures stipulate that affordable housing is strictly controlled in small and medium-sized ordinary housing. The construction area of a single house cannot exceed 120 square meters, and the housing with a construction area of 80 square meters to 100 square meters shall not be less than 60% of the total number of houses.
The standard construction area for purchasing affordable housing is 80 square meters for two-person families, 100~ 120 square meters for families with more than three people, and only 80 square meters for singles.
Pay the bill if it exceeds the specified area. The area for purchasing affordable housing cannot exceed the area specified in the measures; However, if the purchase exceeds the specified area, the excess part cannot continue to enjoy preferential treatment from the government. When signing the contract, the excess area will be increased by 20% per square meter according to the purchased affordable housing price.
The relocated households have the preemptive right. In order to take care of the relocated households, the "Measures" stipulate that when the key projects of the city and the demolition projects of the old city are relocated, those who have been demolished can give priority to the purchase of affordable housing if they meet the conditions for purchasing affordable housing.
Those who have participated in housing reform are also allowed to buy affordable housing. You can buy a set of affordable housing only if you have a permanent residence in the built-up area of Zhengzhou for more than 3 years, the annual income of both husband and wife does not exceed 4 times of the per capita disposable income of urban residents in Zhengzhou last year, there is no housing, or the housing construction area of families with more than 3 people is less than 80 square meters, and other conditions stipulated by the Municipal People's Government are met.
Taking into account the interests of single people, the Measures also stipulate that single people over the age of 28 who have no housing can buy a set of affordable housing if they meet the requirements of Zhengzhou's permanent residence for more than three years and other municipal government regulations, and their annual income does not exceed twice the per capita disposable income of Zhengzhou's urban residents in the previous year.
What documents do I need to hold to buy a house? To purchase affordable housing, the purchaser should carry the household registration book and ID card, as well as the annual income certificate of the family. If a family has not yet been formed, it should provide the annual personal income certificate, the housing situation certificate issued by the unit or community neighborhood Committee, the housing ownership certificate or the legal housing lease certificate, and the migrants from other places should also provide the relevant certificates issued by the housing management department of the emigration place to apply to the municipal real estate management department.
The annual income certificate issued by the work unit; If there is no work unit, the street office shall issue or provide a certificate issued by the labor and social security department to enjoy unemployment security. Enjoy the city minimum living guarantee, issued by the civil affairs department. If these certification materials need to be issued by relevant departments, the relevant departments shall issue them within 5 working days and be responsible for the authenticity of the materials issued.
The number selection is not predetermined.
Affordable housing "grab the appointment" no longer exists. The house selection serial number is determined by the Housing Authority, and the developer will be fined 1 000 for pre-sale. The sales of affordable housing are very hot. In the past, the way to choose affordable housing was that the masses went to the developer to choose a house, and then the developer reported the house selection plan to the Housing Authority. Therefore, many people try their best to engage in relations with developers and book the number in advance; Even some developers sell "No."to make money, and a number sells thousands of pieces, making a windfall. This way of housing selection affects the fairness of housing selection. Therefore, the measures stipulate that in the future, the purchase of affordable housing will no longer directly deal with developers, but will apply to the Housing Authority. After the identity conditions are verified, the municipal real estate management department will provide the applicant with the Notice of Purchase of Economically Affordable Housing, which will indicate the area standard, the serial number of the house and the time limit for house selection, and the buyer will purchase a set of economically affordable housing from the developer within the specified time limit for house selection. In other words, to buy affordable housing, you have to go to the Housing Authority and choose a house from the developer. "Measures" also clearly stipulates that developers may not sell or book affordable housing to buyers who have no notice of purchase of affordable housing.
If it is found that affordable housing has been sold or booked, the competent department shall order it to take back the houses that have been sold or booked, and each set shall be fined 6,543.8+0,000 yuan.
Five years after selling the house
It is only allowed to go public for five years, and the profits are given to the government. Many clauses in the measures limit the speculation of affordable housing, and rely on affordable housing to obtain income, so that real estate speculators consciously stop playing the idea of affordable housing. For example, the measures stipulate that the buyer of affordable housing can only sell the transaction after obtaining the ownership certificate for five years. Moreover, at the time of sale, the money whose market price is higher than the original purchase price will be turned over to the government in accordance with the regulations, which means that it is impossible to make money by selling affordable housing.
In order to prevent people from buying affordable housing just to make more money, the Measures also stipulate that affordable housing shall not be used for rental business. Found that the rental of affordable housing, punishable by 1000 yuan but not more than 3000 yuan fine. Moreover, after the buyers sell affordable housing, they may not buy affordable housing again.
Publicity and anti-fraud
In order to prevent fraud, personal information is publicized at the place of residence. In order to ensure that the information and income level of buyers meet the conditions of buying houses, Zhengzhou real estate management department will publicize the people who meet the conditions of buying affordable housing in the residence and the office of the affordable housing construction management agency after accepting the application of buyers; If there are complaints after publicity, the municipal real estate management department shall, jointly with relevant departments, investigate; After the publicity, there is no complaint or the complaint is not true after verification. The municipal real estate management department signs the verification opinion and thinks that it can be purchased, and issues a notice to the applicant to purchase affordable housing.
Affordable housing prices should be publicized in the media. In order to protect the public's right to know, after the benchmark price of affordable housing is determined, the municipal price department and the real estate management department shall publicize it in the public media. If the actual sales price rises, it shall not exceed the floating range approved by the municipal price department. City real estate management departments should also promptly announce the location, quantity, Xing Tao and single building area of saleable affordable housing.
The relevant person in charge of the Legal Affairs Bureau of Zhengzhou Municipal Government said that the price of affordable housing is not unified in the whole city, but different price standards are approved according to different geographical locations, but they must be publicized.
Build a house according to regulations
Property houses shall be built according to 4‰ of the total area, and the area of commercial houses shall not exceed 5%. When some residential areas were built, only the small room where the janitor lived was left at the door, and there was no corresponding property right room. In order to make the community have the residential function, the Measures stipulate that the affordable housing should be built according to the standard of 4‰ of the total construction area, and the owner's self-supervision and property management rooms should be equipped. At the same time, in order to prevent developers from changing the use of affordable housing without authorization, a large number of commercial outlets are built to "collect money". The Measures stipulate that the construction area of supporting commercial outlets shall not exceed 5% of the total construction area. At the same time, the "Measures" prohibit the disguised use of affordable housing construction land for commercial housing development.
Who will buy the fund-raising house?
Only those who have not participated in housing reform and purchased affordable housing can participate in fund-raising housing construction. Raising funds to build a house is a difficult enterprise to use the existing residential land for its own use to raise funds to build a house for the benefit of employees. In the past, raising funds to build a house was a disguised form of real estate development, because the conditions of fund-raisers were not strict, and the personnel of other units took advantage of it. The method clearly stipulates that fund-raising for building houses should be included in the annual plan for the construction of affordable housing in this city and the management of land use plan. Only difficult enterprises can raise funds to build houses, and those who have enjoyed the housing reform policy or purchased affordable housing may not participate in raising funds to build houses.
In order to let the fund-raising house really benefit the employees of this unit, it is required that the price of the fund-raising house must be based on the housing cost price, and there must be no profit. Because the cost of raising funds to build houses is very low, it is stipulated in the "Measures" that those who participate in raising funds to build houses must be employees of their own units, and it is forbidden to sell them to people outside their own units. At the same time, the area of a single set of fund-raising apartment buildings should not exceed 120 square meters, and the total number of sets should not exceed the number of employees in this unit in principle. In order to prevent people outside the enterprise from buying houses, the Measures also require enterprises in difficulty to provide labor contracts signed by employees and enterprises when raising funds to build houses and certificates of participation in unemployment, pension and basic medical insurance, which means that real estate licenses can only be obtained with certificates that can prove the identity of employees of enterprises.
Fraud will be punished.
Found that the identity is false, fined 1000 yuan, to recover the real estate license. The "Measures" stipulate that if a purchaser is found to have obtained affordable housing by deception such as concealment or false report, the municipal real estate management department shall order him to return the purchased housing or make up the house price according to the market price of commercial housing, and impose a fine of 1000 yuan; Refusing to return the purchased house and not making up the house price according to the market price of commercial housing, the municipal real estate management department shall recover the house ownership certificate.
Developers who do not comply with the regulations will be fined. It is understood that the maximum administrative penalty is 30,000 yuan. For developers who don't comply with the regulations, this is just "Mao Mao rain". For greater economic benefits, they dare to "commit crimes against the wind". Therefore, this method has a "cruel trick", which stipulates that after the legal person of affordable housing construction project is determined, the municipal affordable housing construction management institution shall sign a contract with the legal person of affordable housing construction project. The contract will stipulate the construction area, the proportion of apartment type and the area of owner's self-management, property management and commercial outlets to be jointly built. Those who violate the agreement shall be corrected; those who fail to correct or cannot, shall pay liquidated damages in accordance with the agreement.
"This liquidated damages can be agreed in a large proportion, which is higher than the benefits obtained from illegal operations. In the event of default, the developer may go bankrupt. " Wang Qingtang, director of the Legal Affairs Bureau of Zhengzhou Municipal Government, said.
To resort to deceit, the competent department should be held accountable. The "Measures" stipulate that Zhengzhou real estate management department and other administrative departments and their staff members shall be given administrative sanctions if they commit one of the following acts. If the case constitutes a crime, criminal responsibility shall also be investigated according to law: illegal bidding for affordable housing development and construction projects as a legal person, or illegal acts such as fraud in bidding; In violation of the provisions of the purchase conditions do not meet the personnel, signed the purchase of affordable housing verification opinions; In violation of the provisions of the fund-raising housing for those who do not meet the object of fund-raising housing; In violation of the provisions for the purchase of affordable housing does not meet the conditions for the registration of affordable housing ownership; In violation of regulations, handle relevant procedures for affordable housing construction projects that do not meet the starting conditions; In violation of the provisions of the purchase of affordable housing for individuals to issue false proof materials, as well as other dereliction of duty, dereliction of duty and other acts.
It is possible to reduce the price.
Administrative allocation of land supply, land from the reserve, affordable housing is expected to reduce prices. The measures stipulate that the land for the construction of affordable housing is supplied by administrative allocation, which means that the government basically gives the land price obtained to the developers of affordable housing, which also means that the land price cost is lower than that of the developers who developed affordable housing in the past; At the same time, the measures also stipulate that the construction of affordable housing projects will be supplied from government reserve land, so developers no longer have to run around looking for land. In the past, when developers built affordable housing, they had to discuss the land with the landowner first, then run their own plans and then requisition land. Generally, a year's development will increase the cost invisibly, but the land taken from the reserve land can be directly developed, which greatly shortens the construction period. According to experts' analysis, after the measures are implemented, the price of affordable housing is expected to be reduced.
This time, it is stipulated that the annual plan for the construction of affordable housing should be controlled within 20% of the total housing construction in that year, because the price of affordable housing is low, which will have an impact on the whole real estate market, but if the price of affordable housing falls, it will also have a certain impact on the whole real estate market, which is good news for the general public.
Thinking and questioning
Publicity may not be able to plug the loopholes, and real low-income people still can't afford to buy a house. Zhengzhou introduced this method to plug all kinds of loopholes in the management of affordable housing in the past, because it completely restricted the housing area and purchase conditions. Some experts also believe that no matter online publicity or media publicity, it is impossible to eliminate the existence of false declarations, and there are always people who can make false certificates to exploit loopholes; At the same time, there is a big gap between the nominal income and the actual income of some people, and the income approval of some freelancers, such as self-employed and lawyers, is difficult to be true. Therefore, the promulgation of the "Measures" can only be said to make up for various regulatory loopholes to a large extent; Some experts believe that although the purpose of the government's construction of affordable housing is to solve the housing problem for low-and middle-income families, the real poor still can't afford these houses, and the affordable housing is actually only for middle-or upper-middle-income families. The government should also provide more low-rent housing so that the real poor can have a place to live.
165438+20081October
The purchase standard of affordable housing was lowered again. In the past, "low-and middle-income families" could buy affordable housing, but in the future, only low-income people can buy it. In order to protect the interests of the "poor", Zhengzhou plans to abolish the Administrative Measures for the Construction of Economically Affordable Housing in Zhengzhou, which was implemented in 2005, and introduce new measures to reduce the purchase area of economically affordable housing from "80 square meters for two families and more than three families 100 square meters to 120 square meters" to "60 square meters for less than three families (including three people)" At the same time, the conditions for applying for affordable housing have also been changed from below 80 square meters to below 60 square meters; In addition, the family economic income conditions have also decreased. However, these are only revisions.
Yesterday, the Legislative Affairs Bureau of Zhengzhou Municipal Government announced the "Administrative Measures for Economically Affordable Housing in Zhengzhou (Draft for Comment)" to solicit opinions from the masses.
The target group has changed.
Compared with the old "Measures", the core revision of the "Administrative Measures for Affordable Housing in Zhengzhou City" (draft for comment) published yesterday is to change the original target of protection from low-and middle-income groups in cities to low-income groups in cities, giving priority to protecting the interests of vulnerable groups.
This change is first reflected in the first general clause of the new and old documents. In the old Measures, "effectively solving the housing difficulties of low-and middle-income families" has become "solving the housing difficulties of urban low-income families" in the revised draft.
The old "Measures" stipulated that the construction area of a single set of affordable housing should not exceed 120 square meters, of which the housing with a construction area of 80 square meters to 100 square meters should not be less than 60% of the total number.
The new "Measures" stipulate that the construction area of a single set of affordable housing should be controlled at around 60 square meters. If the pool area is large, the single building area can rise appropriately.
Building No.2 will be converted into affordable housing, and low-rent housing will be built.
The old "measures": only the proportion of property rights buildings and commercial buildings was stipulated, and developers were not required to build low-rent housing. The construction area of commercial buildings shall not exceed 5% of the total construction area.
The new "Measures": It is clearly stipulated that when developers build affordable housing, the proportion of low-rent housing shall not be less than 10% of the total construction area. The construction area of commercial buildings shall not exceed 8% of the total construction area.
Change 3. The area of the house has shrunk.
Real low-income people can't afford a big house from 100 square meter to 120 square meter, and the area of enjoying affordable housing will become smaller in the future.
The old "Measures": the area standard for purchasing affordable housing is 80 square meters for families with more than two people and 100 square meters to 120 square meters for families with more than three people.
The new "Measures": if the family members are less than 3 (including 3), it will be calculated as 60 square meters, and if there are more than 3, it will be calculated as 80 square meters. Small high-rise and high-rise affordable housing are determined according to the floating ratio of 15% and 20% respectively.
The relevant staff of the Legal Affairs Bureau of Zhengzhou Municipal Government explained that according to the calculation of 60 square meters and 80 square meters, it means that you can only enjoy affordable housing in this area. More than this security area, it is necessary to pay land revenue, which is about 200 yuan per square meter more than the price of affordable housing.
The new "Measures" also added: Families who have purchased reformed housing and affordable housing (including housing projects) should reduce the housing area that has enjoyed government preferential treatment when purchasing affordable housing. The purchase of affordable housing construction area within the approved area, the implementation of affordable housing prices; The part exceeding the approved area does not enjoy government preferential treatment, and the purchaser shall pay the relevant price for land revenue reduction and exemption.
For example, there used to be a 40-square-meter housing reform. This time, if you buy 80-square-meter affordable housing, you can only enjoy the price of 40-square-meter affordable housing, and all other land benefits must be paid.
In addition, the government-guided price of affordable housing is clearly marked, and the price is based on the principle of guaranteed profit, and undisclosed fees other than the specified fees such as residential special maintenance funds may not be charged outside the marked price.
Change 4: The application criteria have changed.
The target of affordable housing has become a low-income group, the application conditions are obviously reflected, and the income and living area have been reduced.
The old "Measures": the conditions for applying for affordable housing are: permanent residence in the built-up area of this city has been more than three years, the annual income of both husband and wife does not exceed four times the per capita disposable income of urban residents in this city in the previous year, and the housing construction area of families with no room or more than three people is less than 80 square meters.
The new "Measures": low-income families whose applicants have been registered as urban residents in this city for more than 3 years, whose per capita annual income is less than 90% of the per capita disposable income of urban residents in this city in the previous year, and who have no housing or whose family housing construction area is less than 60 square meters can buy a set of affordable housing.
For singles who apply for affordable housing, the change is mainly reflected in their income.
The old "Measures": If the annual income of single people over the age of 28 without housing does not exceed twice the per capita disposable income of urban residents in this city in the previous year, they can buy a set of 80 square meters of affordable housing.
The new "Measures": The annual income of single people over the age of 28 who have no housing is less than 90% of the per capita disposable income of urban residents in the previous year, and they can buy a set of 60 square meters of affordable housing.
In order to prevent some rich people from making fakes, the new "Measures" add that "if the ownership of commercial housing is transferred to others for reasons such as sale or gift within five years before applying for affordable housing, the original housing area will be included in the existing housing area". In other words, if this person has sold a house of 60 square meters before, he does not meet the new application conditions, and this 60 square meters is also considered to have room area.
Change 5: Wide publicity channels.
When buying affordable housing, the annual income certificate issued by the unit or office may also be untrue. Because of insufficient publicity, this aspect has been added to the new "Measures".
The old "Measures" stipulated that the relevant certificates should be issued by the office, but there was no specific way to issue them. In addition, the scope of publicity is small, and only those who meet the purchase conditions of affordable housing are publicized in the offices of residences and affordable housing construction management institutions.
The new "Measures": It is stipulated that when a work unit or an office issues an annual income certificate and a housing certificate, it should check the applicant's family income and housing situation by means of household survey, neighborhood visit, letter request, publicity, etc., and issue it truthfully. The applicant's work unit, housing situation, family income and other related information should be publicized in the office and Zhengzhou real estate online 10 days.
The change of Mark Six waiting system is obvious.
The new "Measures" also clarify that the supply of affordable housing is subject to a lottery waiting system to dynamically manage the family's economic situation.
If the publicity is undeclared, the municipal affordable housing construction management institution shall issue the proof of purchase of affordable housing in Zhengzhou to the masses (hereinafter referred to as the proof of purchase). For families that have obtained proof of purchase, dynamic management shall be implemented. The applicant's economic income, housing situation and other changes, no longer meet the conditions for applying for the purchase of affordable housing, cancel its purchase qualification.
After the listing information of the affordable housing construction project is published, the applicant who intends to purchase the house will register at the designated place with the purchase certificate.
Applicants who have obtained the house purchase permit and registered will be determined by the Housing Authority through open and transparent waiting methods such as lottery and lottery. Applicants who are not qualified to choose a house continue to wait.
It is not easy to sell affordable housing.
Before buying affordable housing, property rights belonged to individuals, but the new "Measures" have different provisions.
The old "measures": after the purchaser has obtained the property right certificate for five years, he can sell the affordable housing at the market price. When selling, the seller shall pay the proceeds to the Municipal People's Government in accordance with the provisions on the price difference between ordinary commodity housing and affordable housing in the same lot.
The new "measures": buyers of affordable housing only have limited property rights, and they can get full property rights after paying the relevant price of land income reduction and exemption. Before obtaining full property rights, you can only live in your own home, and you can't rent or lend it. Except for mortgage of house purchase, affordable housing shall not be used for other purposes. If it has been purchased for less than 5 years, it may not be listed and traded. If the buyer really needs to transfer it for special reasons, the government will buy it back at the original price, taking into account factors such as depreciation and price level. If the purchaser sells the house for listing after 5 years, it shall pay the relevant price of land income reduction and exemption, and the government can give priority to repurchase. Repurchase is implemented by the municipal administrative organization of affordable housing construction, and the repurchased affordable housing continues to be sold to low-income families with housing difficulties.
The relevant person in charge of the Legal Affairs Bureau of the municipal government explained that even if it is repurchased five years later, the government will still pay the purchase price of that year, and the depreciation fee will be eliminated. In addition, the government will also issue the "Measures" specifically for repurchase.
It is not easy to operate for eight fraudulent purchases.
Cheating on affordable housing occurs from time to time, and the new "Measures" are also reflected in this point.
Old "Measures": if the purchaser obtains affordable housing by deception such as concealment or false report, the municipal real estate management department shall order him to return the purchased house or make up the house price according to the market price of commercial housing, and impose a fine of 1000 yuan; Refusing to return the purchased house or make up the house price according to the market price of commercial housing, the municipal real estate management department shall cancel the registration and recover the house ownership certificate.
The new "Measures": If the purchaser defrauds the purchase of affordable housing by concealment, false report and other deceptive means, the municipal real estate management department shall order him to return the purchased housing. If the purchaser refuses to return the purchased house, the municipal real estate management department shall apply to the people's court for compulsory execution.
If you have any comments on the new measures, please submit them to the Legislative Affairs Bureau in writing before June 26th. 165438+. Fax: 67446680, E-mail :fzfg@zhengzhou.gov.cn, mailing address: Legal Department of the Municipal Government, No.233 Zhongyuan West Road, Zhengzhou, zip code: 450006.
It is the dream of many people to have a home in a complicated city.
This is reprinted from Dahe Daily! ! ! After stopping for more than a year, I came up with this idea, which is still a puzzle to be improved. Wandering? . . .