The Guiding Opinions were issued by Guangdong Provincial Housing and Construction Department, Guangdong Provincial Development and Reform Commission, Guangdong Provincial Department of Finance, Guangdong Provincial Department of Natural Resources, Guangzhou Branch of China People's Bank and Guangdong Supervision Bureau of China Banking Insurance Regulatory Commission on July 1 day, 2007, and came into force on September 1 day, 2020, with a validity period of 5 years.
"Guiding Opinions" proposes to standardize the management of * * * property housing construction.
Clarify the nature of housing. * * * Property housing is a policy housing invested by the government or supported by preferential policies, raised and built according to relevant standards, and supplied to those who meet the prescribed conditions. The government and the winning bidder have property rights in proportion, and the right to use and dispose of them is limited. * * * Property housing is included in the management of urban affordable housing projects.
Net area standard. * * * The building area of the property right house shall not exceed 120 square meters. All localities should reasonably determine the building layout and building area standards in light of the actual situation.
Make a supply plan. * * * Property housing projects should give priority to areas with relatively complete supporting facilities and concentrated housing demand according to the requirements of national economic and social development planning and land space planning, combined with urban functional positioning, industrial layout and demand distribution.
Establish financing channels. * * * Property housing is mainly raised through the following channels:
First, the centralized construction of government organizations; Second, through the "price limit, competitive land price" and other ways by the real estate development enterprises to focus on construction; Third, in commodity housing projects, through "limiting land prices and competing for construction"; Fourth, it is built in urban renewal and "three old" transformation projects; Fifth, the acquisition of new commercial housing or stock housing that meets the requirements; The sixth is to switch to eligible affordable housing under construction and unsold, price-limited commodity housing and directly managed public housing; Seventh, accept donations and other legal ways to raise funds. All localities can explore the development of enterprises, institutions and other social forces to use their own construction land and self-raised funds to build * * * property housing.
Ensure the quality of housing. * * * Property housing should strengthen quality control in planning, design, construction, supervision and acceptance to ensure housing quality. Supporting municipal infrastructure and public service facilities shall be planned, constructed and delivered simultaneously. * * * Property houses shall be delivered with fully decorated finished products.
At the same time, standardize the distribution management of * * * property housing.
Clear supply target. * * * Houses with property rights are provided to urban families (including single residents) who meet local requirements. All localities should bring qualified talents, migrant workers with stable employment in cities and towns, and Hong Kong and Macao residents working and living in Guangdong into the scope of * * * property housing supply. Each family can only buy a set of * * * property housing. All localities can incorporate talent housing into * * * property housing.
Clarify the proportion of property rights. The winning bidder's share of property rights is * * * the proportion of the sales price of the property right house to the evaluation price, which is not less than 50% in principle, and the rest is the government's share of property rights. The share of government property rights is held by state-owned institutions (hereinafter referred to as holding institutions).
Standardize price management. * * * The sales price of property houses shall be guided by the government and determined according to different ways of raising funds for construction: if the real estate development enterprises build in a centralized way such as "price limit and competitive land price", the sales price shall not be higher than the highest sales price determined at the time of land transfer; If it is raised through centralized construction organized by the government or by other means, the sales price is determined by comprehensive factors such as construction, finance, management cost, taxes and fees, profit and the affordability of the winning bidder.
Standardize application review. * * * Applicants with property rights shall truthfully declare their family housing, property and income. Public security, civil affairs, human society, natural resources, market supervision, taxation, banking, securities and other departments shall, according to their respective responsibilities, assist in housing security work such as qualification examination.
Standardize the distribution method. The development of property housing listed at prefecture level should be combined with the supply and demand capacity, and adopt the system of placing by house or waiting for placing. The placing order of the applicant can be determined by comprehensive scoring and lottery. In accordance with the relevant provisions of the priority supply of objects, priority should be given.
Standardize the signing of contracts. The winning bidder shall sign a house purchase contract with the agency and the construction unit, and the house purchase contract shall specify the share of property rights, use regulations, transfer restrictions, mortgage agreement, inheritance agreement, liability for breach of contract, etc. It is clear that the winning bidder shall not divide the share of individual property rights or increase the share of government property rights in accordance with relevant regulations and contractual stipulations. It is clear that the taxes and fees generated by the purchaser's purchase and transfer of * * * property housing will not be borne by the institution, and will be paid by the purchaser or transferor in accordance with relevant regulations. If the winning bidder has rented public rental housing, it shall make a written commitment to vacate within the specified time.
Standardize the registration of property rights. * * * The real estate registration book and real estate title certificate of * * * houses with property rights shall be marked with "* * houses with property rights" in the cause of action column, and all * * * persons shall be listed in the postscript column, with the respective proportions of * * *.
The Guiding Opinions also require that the post-supply management of * * * property housing be standardized.
Standardize the use of housing. The winning bidder enjoys the same public service treatment as the residents who buy commercial housing. * * * Property houses and commercial houses in the same community should be brought into the unified management of the community, enjoy the same services and assume the same obligations. The winning bidder shall use the * * * property housing in accordance with the relevant provisions and the contract, and shall not lease, lend, leave idle for a long time, change the use or change the housing structure without authorization, which will affect the use function, quality and safety of the housing.
Standardize the transfer of property rights. In principle, if the winning bidder has obtained the certificate of immovable property rights of * * * for five years, it is allowed to transfer all the property rights it holds, and all localities can appropriately adjust the provisions on the transfer period according to the actual situation. If the winning bidder needs to transfer, it shall submit an application for transfer to the competent department of housing security or its entrusted institution. In principle, the share of property rights held by the winning bidder shall be transferred to other applicants who meet the prescribed conditions by the competent department of housing security or the holding institution entrusted by it through comprehensive evaluation and lottery. The value-added income of the share of property rights held by the winning bidder belongs to the winning bidder. If the transaction price at the time of transfer is lower than the original purchase price, the institution will not compensate the difference.
Standardize the withdrawal of property rights. If the winning bidder fails to obtain the certificate of real estate ownership within the prescribed time limit and really needs to withdraw due to special reasons, it shall apply to the competent department of housing security or its entrusted holding institution. In principle, the share of property rights held by the winning bidder shall be transferred to other applicants who meet the prescribed conditions by the competent department of housing security or the holding institution entrusted by it through comprehensive evaluation and lottery. The value-added income from the share of property rights held by the winning bidder belongs to the holding institution. If the transaction price at the time of withdrawal is lower than the original purchase price, the institution will not compensate the difference. The circumstances that really need to be withdrawn due to special reasons shall be determined by all localities themselves, and may be repurchased by the housing security department or its entrusted institution when necessary.
Standardize property right mortgage. * * * Buyers and institutions holding houses with property rights can use their share of property rights as collateral according to law. The real estate registration institution shall handle the registration of real estate mortgage in accordance with the relevant provisions of real estate registration.
Standardize inheritance of property rights. After the death of the winning bidder, if his successor meets the conditions for purchasing * * * property housing, he can inherit the individual share of * * * property housing; If the successor does not meet the conditions for purchasing the housing with property rights, the transfer or withdrawal of property rights shall be handled in accordance with the relevant provisions of this opinion.
The Guiding Opinions emphasize strengthening supervision and management. For the illegal purchase, use and transfer of * * * property housing by the successful bidder, as well as the behaviors that must be withdrawn according to the contract but refuse to withdraw, the corresponding legal responsibilities shall be investigated according to law, and the illegal information shall be incorporated into the credit system in the field of housing security. The illegal agency of real estate brokerage institutions and their brokers for the rental business of * * * property houses shall be handled in accordance with relevant regulations.