What contracts do you need to sign for real estate from project establishment to completion acceptance? What steps have been taken?

Qualification of project company establishment, project establishment, environmental assessment and real estate development

These four items are almost the things that must be done at the beginning of every project. Very socialist. But there are some interesting things here, which have a lot to do with the law, such as setting up a project company. It should be noted here that the land photographed by the parent company is transferred to the name of its wholly-owned project company, which is not a transaction according to the laws of China. I emphasize once again that the land transfer between the parent company and its wholly-owned subsidiaries is not a transaction. Therefore, real estate companies can set up project subsidiaries at will, and then physically destroy the house after it is sold, leaving only an empty shell. This mode of operation has no legal risk and is very economical and practical, so now domestic real estate companies with a little scale do it.

Moreover, the establishment of the project is purely a product left over from the planned economy era, which is annoying and I don't know what this thing should be. The establishment of the project mainly examines the investment amount and feasibility of the project. I don't know from what angle the government manages the feasibility in the current market. Anyway, due to the different depth of market economy, the management of this matter varies from place to place. Some places are basically not very managed, and some places are very strict. And what materials are needed for the project, which is something that no one can say clearly. The relationship between project establishment and other procedures is more casual. For example, the recent national policy requires environmental assessment first and then project establishment. This is based on strengthening environmental protection and promoting sustainable development. But in many places, a major premise of EIA is the approval of the project. If the project can't be established, the EIA can't be done at all. But there are policies at the top and countermeasures at the bottom, and everything is done by people. Anyway, so far, construction projects have been launched one after another. I don't know how everyone survived these inexplicable policies. Anyway, if I do these things myself, I basically go directly to these departments, such as the planning department, and ask them to recommend companies that prepare feasibility study reports to me, go to the Environmental Protection Bureau, and ask them to recommend companies that prepare EIA reports to me, and then let these companies take charge of these procedures. It doesn't matter if the preparation cost is slightly higher. In short, I have a terrible headache when I see these programs myself.

Overall layout review stage

At this stage, the names of different places are different. I have heard more about the "construction detailed planning review". This stage is to review the general plan of the residential area, that is, to examine how the buildings in a residential area are arranged, how tall and big each single building is, how big the spacing between each single building is, whether the sunshine is sufficient, how big the total floor area ratio is, whether it exceeds the specified floor area ratio, how big the building density is, how the roads entering and leaving the residential area are arranged, and whether it meets the fire code. These things are professional.

I want to give an example, such as building density. Does this thing look simple? It is the proportion of the building base area to the whole residential area. For example, the residential area is 1 000 square meters, and there are 3000 square meters of buildings on the ground, so the building density is 30%. It seems that this calculation should be indisputable. But wait. My 3000-square-meter building, covering an area of 2000 square meters, is a large overhead platform with parking spaces under the overhead floor and a green square above it. Now, the controversy has come. Is my 2000 square meters a building basement? The reason why you limit the density of my building is nothing more than to ensure greening and protect the leisure space of residents. Now I seem to have built something on the ground, but my thing is green on it. My greening has not decreased, and my leisure space has not decreased, so this 2000 square meters cannot be counted in the building density. Whether this kind of aerial garden-like raised floor should be counted as building density or not, anyway, the technical specifications are not limited, and there is endless space to drill.

Another example is the floor area ratio, where the total construction area is divided by the net land area. It looks simple, too. But in fact, what is the net land area? Where do we start? Is it a pure land use right certificate area, or is it a little larger than this area, all the way to the central line of the surrounding roads? This thing is not clear at all, so how to calculate it will do. As soon as the net land area increases, the total construction area will naturally increase. These are all places where loopholes can be exploited.

Comprehensive review of pipeline and drainage permits

Pipeline comprehensive review is one of the professional review contents of the planning department, and I will take it out now, because this thing is really professional. If you don't do it well, companies that have been killed by this thing abound. Don't think that big companies like Poly and Hesheng won't make major principled mistakes on this issue. In fact, no matter what real estate company, the probability of stumbling on this issue is the same. This thing is like delivering a parcel, and it dies in one round.

After talking for a long time, what is pipeline synthesis? Including residential water supply and drainage pipelines, high-voltage lines and weak-current lines, comprehensively considered, scientifically arranged according to various design specifications and placed on the same drawing. There is no need to explain the water supply and drainage, that is, how tap water is introduced into the community, and then how the domestic sewage and rainwater in the community are discharged; Strong electricity is household electricity, where does the line enter, how to go upstairs and how to get in; There are many weak current contents, such as cable TV lines, various communication lines, network lines, internal monitoring lines and so on. If the above three things are to be scientific, they must be underground, seeping from the ground to a single building and then connecting to thousands of households.

These lines must be arranged reasonably and can't be walked around. As a non-professional, to judge whether the comprehensive design of the official line of a residential area is good or not, we only need to look at two points: 1. You just walk into a residential area and see if there are wires between buildings. As long as you have this, basically you are not qualified in this community. 2. Are manhole covers basically arranged along residential roads, not everywhere? If there are manhole covers all over the ground, it is almost impossible to escape. Basically, this community is also unqualified.

Why do I emphasize this pipeline synthesis so much? What will happen if the design is not good? First of all, water supply and drainage will go wrong all day. I have seen too many communities turn into ponds when it rains; Then, for young me, it is that the network breaks down all day, and the community network operators have no choice at all, because only one pipeline is buried, and other network operators can't get in to provide quality services. Now in this house, either the line here is broken or the line there is broken, and it has been repaired all day. Then, do not turn on the air conditioner in summer. As soon as it is opened, the power will be cut off and it will trip. Electrical appliances at home should be used in turn, not together. Never turn on the computer while watching TV, or you will spend the night in the dark. These are all signs that the pipeline synthesis is not done well. You said, such a community, can you live?

Since pipeline synthesis is so important, why don't we just think about it and study it well when designing? Actually, I can't. Why? Because all the wires, you have to introduce from the outside, you have to have an interface with the outside. But where is the interface? I'm telling you now, no matter how much preparatory work and investigation developers have done in advance, there is no guarantee that the reserved interfaces will not change. The most common thing is that the municipal sewage pipeline is suddenly rebuilt and changed places. Even if you don't change places, it will be raised a few centimeters horizontally. Due to the lack of inclination, the drainage system in this community will be completed. This kind of thing is too common. Everyone must often see municipal pipeline construction and road digging, doing it here today and doing it tomorrow. Anyway, I was scared by this thing. In this case, it is impossible to lose money. Then, at first, the access port of the high-voltage line was agreed, and it was connected from a substation. When the construction is completed and the substation is officially connected, it is suddenly found that the substation has been moved, or the capacity has exceeded, and you can no longer connect. You must connect it from other places. At this time, you can only spend money and lead in disorder. Calculate how much electricity is drawn. Cause any trouble in life, I think that's for sure.

Let's talk about this drainage permit first. This thing was issued by the municipal department, specifically for drainage of residential areas. Now rain and sewage are divided into two pipes, that is, rain and domestic sewage are divided into two pipes. This east-west pipeline is about the pipe diameter and flow rate, as well as the location of connecting municipal pipelines. Then it is actually the same thing that this thing in turn affects the comprehensive design of pipelines.

Monomer review, construction project planning permit

The planning department is also very strict in reviewing the single design, but on the whole it is easier to pass than the general plan.

What is the monomer design? Based on the general plan, the design scheme of single building is implemented. What is the main content of the monomer scheme? Personally, I summed it up like this: the key is to implement the size of each space. At this stage, some things are also very troublesome, and the most annoying thing is parking spaces. At present, the management of parking spaces in major cities in China is very strict. Generally, each household is required to have a parking space, and the commercial room is generally 100 square meter. The general configuration requirements are basically the same, and the cities are similar. There are not enough parking spaces, basically you can't think about single audit.

Of course, when the master plan is reviewed, the parking spaces are also reviewed, but at that stage, it is mainly the experience value. Evaluate the basement area according to the experience value of a parking space of 35 square meters to 45 square meters. Generally speaking, the planning department will not care too much about whether there are enough parking spaces, nor will it make careful statistics on the drawings. But the monomer stage is different, so I started counting. Any tricks will be used at this time. For example, the so-called children's parking space, you can not park at all, you can put a parking space in the corner of the car, and so on. But sometimes, in any case, it is not enough, so there is a way to explain it. There is a three-dimensional mechanical parking space here. I believe many people have seen three-dimensional mechanical parking spaces, which are very difficult to use. It is normal to go in and out for half an hour at a time. However, countless developers just stay in words. As long as they pass the monomer audit, whether this mechanical parking equipment is really built in the future can be handled flexibly.

Why are developers so reluctant to build bigger basements? Because building a basement is a loss. Few people buy it. 10.2 million/200 thousand to buy a palm-sized parking space, the developer is still losing money? The fact is that parking a car really takes less than 10 square meter. However, if you want to park this car, you need another 30 square meters of driveway. Therefore, according to the empirical value, the area to be shared by each parking space is basically 35 to 45 square meters. Planning departments are so proficient. This car can't take off and land vertically. This is an objective law.

Of course, this is my general experience. In some cities, parking spaces can still make money. For example, some real estates in prime locations in Guangzhou, Shenzhen and Shanghai are said to buy 400,000 parking spaces. But this does not represent a universal law.

A design company may apply for a construction project planning permit after reviewing the single design and refining the construction drawing. This process has a low technical content. Not worth talking about.

Summary of fire fighting and civil air defense topics

These two things kill people, but we can draw a direct conclusion: strictly speaking, no community's fire protection and civil air defense design is up to standard; No community's fire fighting and civil air defense equipment is qualified. To put it bluntly, it is the most difficult for all professional newspapers to apply for fire protection, but it can be very simple if it is simple. As for the application for civil air defense construction, it is even more puzzling. Of course, there is no such content in many places.

Let's talk about fire fighting first. The fire department is an armed police, not a government agency. Everyone should know this. China's fire censorship is often nonsense and bureaucratic. In addition, our developers are really outrageous. If we want to comply with the fire regulations, this investment is too large. In addition, our consumers are not aware of this. Because many fire protection requirements are very harmful to use, such as setting 1 fire door between elevator and stairwell, it is very inconvenient for owners to enter and leave. Basically, it is absolutely impossible to do adequate fire protection design in strict accordance with the specifications. In this regard, the review is becoming more and more rigorous. Generally speaking, developers are entrusted by fire fighting construction enterprises to apply for construction. Why? Because these enterprises have been dealing with the fire department for a long time, their relationship with the fire department goes back to ancient times, and they often rely on them to get things done well. However, let me be fair here: basically no one dares to tamper with the fire safety regulations involving life safety. If 12 floors or above, special fire elevators should be set up, and scissors stairs should be set up above 17 floors. These mandatory norms are already iron laws. Personally, I have never seen a developer get around these mandatory norms. Even if he can bypass them, he will get huge rewards, such as reducing a set of stairs. That's a good thing, but almost no one dares to do it.

The civil air defense department belongs to the government department, not the military establishment. The part of the basement used for civil air defense can also be used as parking spaces, but this part should be zoned out and property certificates cannot be issued. This part of the parking space only has the right to use. The right to use civil air defense parking spaces is controversial. There are all kinds of voices in the society, especially those who think they understand the property law. Everything used for civil defense belongs to the state. In order to encourage people to engage in civil air defense projects, the state allows you to use them temporarily. But this kind of property right, in any case, cannot belong to everyone.

Because civil air defense parking spaces are only temporary and cannot be sold, developers will definitely find ways to reduce the area of civil air defense.

Energy saving review and construction drawing review

After obtaining the construction project planning permit, the design company will refine the construction drawings again and complete all construction drawings and structural calculations such as structural construction drawings and hydropower construction drawings. , complete the energy-saving design and do an energy-saving calculation, so that you can start these two audits.

Energy-saving review is a question of how to review. Nowadays, our country emphasizes sustainable development more and more, and the status of building energy conservation is getting higher and higher. Let's put it this way: 360-degree large floor-to-ceiling windows, fully open balconies and unsealed atrium are definitely not up to standard from the perspective of energy conservation. With these things, the air conditioner is going crazy in summer. But people like this new thing. The difference between the north and the south here is very obvious: generally, the north can meet the standards in the energy-saving review, and the common people can accept this in concept, because there is a heating problem in the north, and houses that fail to meet the standards in energy-saving will have to spend heating fees in winter. But southerners don't like this kind of thing. I like this. It's none of your business.

Construction drawing review and construction drawing review are now seemingly market-oriented, allowing developers to find qualified construction drawing review units for review. The construction drawing review unit must also be responsible for the review results. However, the review technology in China is very backward, well, even the design and construction technology is very backward, so this review is really a matter of opinion and there is no way to review it. Construction drawing review is a charging project, which is very expensive, so it has always been a nominal marketization and a de facto monopoly. Needless to say, everyone knows.

Sludge discharge permit, noise discharge permit and night continuous construction permit.

Mud and noise are mentioned here because they are the most disturbing things. I know that in many cities, few people care about these two things: mud and noise. But now, more and more cities begin to strengthen the management of these two things.

Vehicles transporting construction mud can only travel on the specified roads at the specified time.

Noise emission permit means that construction can only be carried out in a standardized and less noisy way within a specified time. This is the responsibility of the environmental protection department. Now many cities have banned the use of hammer piling.

In some second-and third-tier cities, the Environmental Protection Bureau generally does not strictly manage noise emission and night continuous construction procedures.

Quality supervision and safety supervision

Quality supervision station and safety supervision station are subordinate institutions of the Ministry of Construction. Before getting the construction permit, you must go to two stations for examination and approval.

In practice, whenever testing is involved, it will be handled by the quality supervision office; It is the duty of safety supervision to find faults with the naked eye without testing. Because quality supervision is testing, such as pile load testing and cement testing, these things are all charging items, so quality supervision is not so strict in management. Why? Because quality supervision mostly relies on these fees to support themselves. There is basically no charge for safety supervision, but they can also come up with many charging services, such as safety production training and workers wearing safe smart cards to work.

Now in some cities, the function of quality inspection has begun to be market-oriented, and qualified testing units can do testing. For example, in Guangzhou, the cost of a test is only 1 of the surrounding cities.

Construction bidding and construction supervision

First of all, according to China's current bidding law, private real estate companies (without state-owned economic components) do not need to bid for construction projects and can directly contract out. But in some big cities, such as Guangzhou, no matter what enterprise construction, bidding must be carried out. In most cities, as long as private enterprises can provide private enterprise certificates, that is, go to the industrial and commercial bureau to type a shareholder structure book, they can be exempted from construction bidding procedures.

When construction bidding is necessary, the construction enterprise must file its own professional and technical personnel in the construction management department, generally including the builder, quality engineer and safety officer. One of the materials for construction bidding is professional and technical personnel. According to the size of the project, there are different requirements for the number of personnel. In short, we must do it according to the requirements of the bidding record.

The procedures in supervision bidding are similar to those in construction bidding, so I won't say much.

The supervisor's application for construction is something after the supervisor is exempted from bidding or bidding procedures. Formulate supervision scheme and supervision rules, submit them to the construction department for review, and send supervision audit opinions after passing. Qualified is the next step, construction permit.

Builder's license

The materials required for the construction permit are basically a summary of all the above procedures, and they are indispensable. However, in practice, it is almost impossible to complete all the above procedures and then apply for a construction permit. It is generally impossible to complete all the procedures step by step before going through the construction permit procedures. In this case, there is absolutely no 1 year.

Except for some big cities with relatively strict management, many cities can do a lot of work without a construction permit, such as earthwork, which usually moves first. Even in these big cities with relatively standardized management, there are loopholes to be drilled. For example, foundation pit support can be issued with a separate construction permit, and then the basement part can be issued with a construction permit for the above-ground part. This divides a project into many parts to issue certificates. In short, through various modifications, the construction will be carried out in advance.

Pay-off and inspection

After the drawing is completed, it is a technical job to locate the buildings on the drawing on the spot. Need to measure and determine the coordinates. This job is called giving. Setting-out is generally done by the Surveying and Mapping Institute under the planning department or similar surveying and mapping institutions, but some developed cities also make this work semi-market-oriented, and the premise of formal setting-out is to obtain construction permits. After the release, the Institute of Surveying and Mapping will issue a release book.

In the case of early construction and illegal construction, it is necessary to do the work of this surveying and mapping institute. Let them pay off in advance.

After setting out, the construction unit will carry out construction according to this corner, and then do line inspection. At first glance, the building is indeed built according to the drawings, and it does not exceed the sideline. Surveying and mapping institute issued a line inspection book. This line inspection has a great relationship with future acceptance, so we must be cautious.

Pre-sale permit

Now the management of pre-sale has been stricter. In cities where real estate has become an industry, pre-sale permits are required to be handled online and publicized throughout the process.

The most important conditions for the pre-sale permit are: two-thirds of the high-rise building structure is completed and the low-rise building structure is capped. This condition is different from that for banks to handle mortgage loans: no matter how many floors, they can be capped before lending. Therefore, now the high-level often completes two-thirds of the structure, and after obtaining the pre-sale permit, the developers are not active in pushing the plate. Because the money is not very good at this time, only 20% to 30% can be collected, but the taxes and fees of various transactions should be calculated in full in the current year.

Now the pre-sale permit must be publicized. The transaction price must be clear, and the unit price must be clear. At the trading site, it is also forbidden to engage in any "starting auction" of 5000 yuan/square meter, which is deceptive. The government has no (or no power) to control the transaction price of real estate. Developers can completely ignore the declared price when handling the pre-sale procedures. Just declare this price. It has nothing to do with the difference between the price at the time of sale and the price at the time of declaration, and there is no legal or administrative responsibility.

Another place worth mentioning about the pre-sale permit is the forecast map. The housing survey department under the housing management department calculates an area in advance according to the drawings provided by the developer. This is called predictive painting. After completion, the field measurement is the actual measurement. As we all know, area disputes are often the main contradiction between customers and developers in the future. How did this contradiction come about? The most important thing is the area difference between this prediction and the actual measurement. There are many reasons for this difference, such as the area error caused by irregular construction, or the statistical error of public parts in the previous drawing calculation, which are all possible. But to say that the developer deliberately caused it, I personally have never seen it. Developers also don't have this ability or deliberate fraud.

Now in order to avoid such disputes, developers have begun to spend a lot of energy on the work of housing measurement institutions.

Planning, fire protection, civil air defense, pipelines, quality and other special acceptance, completion acceptance for the record, delivery.

Planning acceptance is mainly to check whether the planning indicators exceed the standard. After capping and before completion, you can do this acceptance. The premise of this acceptance is to do on-line inspection, which can basically pass, and there will be no too much trouble when planning acceptance. The basic process is as follows: comrades from the Planning Bureau sit in the car and have a look. Oh, it's covered. Then pick up the checklist and have a look. Oh, no problem. Count the floors. Oh, this floor, so go back and do what you have to do.

Fire fighting, civil air defense and pipeline acceptance are all done by these professional construction units, and only they can do it. Developers who do these checks themselves are sure to fail. Especially fire fighting and permanent electricity use.

Now the quality acceptance is very simple. After completion, the construction unit, developer and supervision unit will issue an overall acceptance report, and then hand it over to the quality supervision station for the record. That's it.

The quality acceptance and professional acceptance have been completed, and the planning acceptance has also been completed, which means that we will finally go to the Construction Bureau for completion acceptance and filing.

The completion of the completion acceptance record is a statutory formal handover condition. Without this completion acceptance record, the owner can refuse to accept the house.