Beijing Municipal Commission of housing and urban rural development :http://zjw.beijing.gov.cn

Beijing Municipal Commission of housing and urban rural development - Purchase of housing with common property rights :http://gycq.zjw.beijing.gov.cn/enroll/home.jsp

Beijing Co ownership housing rental service platform :http://gycp.bphc.cn:21000/#/index

Beijing Affordable Housing Center Co., Ltd :https://www.bphc.com.cn

Beijing housing rental service platform :https://zulin.breaa.cn

 

About Printing 《 Interim Measures of Beijing Municipality on the administration of housing with common property rights 》 The notice of

Release time :2022-03-01    Number of hits :202  Beijing Construction Law 〔2017〕16 Number

Beijing Municipal Commission of housing and urban rural development  

  Beijing Development and Reform Commission  

Beijing Municipal Bureau of Finance

Beijing Municipal Commission of planning, land and resources administration

About Printing 《 Interim Measures of Beijing Municipality on the administration of housing with common property rights 》 The notice of

All units concerned :

In order to deepen the structural reform on the housing supply side of the city , Improve the housing supply system , Standardize the construction and management of housing with common property rights , Meet basic housing needs , According to six ministries and commissions including the Ministry of housing and urban rural development 《 Guiding opinions on the development of policy commodity housing with the nature of common property rights in pilot cities 》( Jianbao 〔2014〕174 Number ), Municipal Commission of housing and urban rural development 、 Municipal Development and Reform Commission 、 Municipal Finance Bureau 、 The municipal planning and Land Resources Commission has jointly formulated 《 Interim Measures of Beijing Municipality on the administration of housing with common property rights 》. Approved by the municipal government , Now printed and distributed to you , Please implement carefully .

The attachment : Interim Measures of Beijing Municipality on the administration of housing with common property rights

Beijing Municipal Commission of housing and urban rural development

Beijing Development and Reform Commission

Beijing Municipal Bureau of Finance

Beijing Municipal Commission of planning, land and resources administration

2017 year 9 month 20 Japan

 

The attachment 《 Interim Measures of Beijing Municipality on the administration of housing with common property rights 》

Chapter one    General  

Article 1 with a    In order to deepen the structural reform on the housing supply side of the city , Improve the housing supply system , Standardize the construction and management of housing with common property rights , Meet basic housing needs , According to six ministries and commissions including the Ministry of housing and urban rural development 《 Guiding opinions on the development of policy commodity housing with the nature of common property rights in pilot cities 》( Jianbao 〔2014〕174 Number ), Combined with the actual situation of this city , Formulate these measures .

Second    The term "housing with common property rights" as mentioned in these measures , It refers to the policy support provided by the government , Developed and constructed by the construction unit , The selling price is lower than that in the same area 、 The price level of commodity housing with the same quality , And limit the right to use and dispose of , The policy commodity housing in which the government and the buyer share the property rights by shares .

These measures are applicable to the planning of housing with common property rights within the administrative region of this Municipality 、 Building 、 sales 、 Use 、 Exit and supervision .

Article 3 the    The Municipal Commission of housing and urban rural development is responsible for establishing the coordination and promotion mechanism for the housing work with common property rights in this Municipality , Specifically responsible for the formulation of policies on housing with common property rights 、 Planning, planning, guidance and supervision .

Municipal Development and Reform Commission 、 Municipal Finance Bureau 、 Municipal Commission of planning and land resources 、 Municipal Civil Affairs Bureau 、 Municipal Public Security Bureau 、 Municipal Human Resources and Social Security Bureau 、 Municipal Local Taxation Bureau 、 Beijing housing provident fund management center and other departments shall do a good job in related work according to the division of responsibilities .

The District People's Government shall be responsible for organizing the supply of land for housing with common property rights within its administrative region 、 Building 、 Placement 、 Use 、 Quit and supervise management .

Article 4.    City 、 District Housing and Urban Rural Development Commission ( Housing Authority ) The professional operation and management organization of indemnificatory housing shall be determined , On behalf of the government, it holds the government share of housing with joint ownership , And be responsible for the specific management services in accordance with the relevant provisions and the contract ( hereinafter referred to as “ Holding agency ”). Decision making of the holding agency 、 operating 、 Management regulations on funds, etc , It shall be formulated separately by the Municipal Commission of housing and urban rural development in conjunction with relevant departments .

 

Chapter two    Planning and construction

Article 5.    Municipal Commission of planning and land resources 、 The Municipal Commission of housing and urban rural development shall, in accordance with the housing needs of this Municipality with common property rights 、 The implementation of urban and rural planning and the current situation of land use 、 According to the level of economic and social development, we should reasonably arrange the land for housing construction with common property rights , And in the annual land use plan and land supply plan List... Separately 、 Give priority to .

The people's governments of all districts shall reasonably arrange the land for housing with common property rights according to the demand for housing with common property rights , It is used to meet the housing needs of qualified resident families and key talents in the district . among , The number of houses available to meet the housing needs of non registered residence families working in the district shall not be less than 30%.

The Municipal Commission of housing and urban rural development may, according to the demand for housing with common property rights and the shortage of land in the central urban area , From the urban development new area, the housing resources are allocated as a whole , Promote the population dispersion in central urban areas .

Article 6.    Housing construction projects with joint property rights shall be carried out in accordance with the requirements of urban and rural planning , The project site selection shall be carried out in combination with the urban functional positioning and industrial layout , Priority shall be given to convenient transportation 、 Areas with complete public service facilities, municipal infrastructure and other supporting facilities , Promote a reasonable match between employment and residence , Promote job living balance .

Article 7.    The construction land for housing with common property rights can be “ Price limit 、 Competing for land price ”“ Comprehensive bidding ” And so on , Follow the competition 、 preferential 、 Optimizing the construction unit based on the principle of fairness , And implement the construction standards and project quality commitment system .

Article 8.    The Municipal Commission of housing and urban rural development shall, together with the Municipal Commission of planning and land resources, formulate technical guidelines for housing construction with common property rights . The construction standard promised by the development and construction unit is higher than the technical guidelines , Relevant management departments shall review the planning and design scheme according to the commitment standards , And carry out daily supervision according to law .

The housing units with common property rights are mainly small and medium-sized apartments , The function layout of the suite design is reasonable , Effectively meet housing needs .

 

The third chapter   Review the placement

Article 9.    Families who apply for the purchase of housing with common property rights in the city , The following conditions shall be met :

( One ) The applicant shall have full capacity for civil conduct , The applicant's family members include both husband and wife and minor children . Single families apply to buy , The applicant should have completed 30 One year old .

( Two ) The applicant family should meet the following requirements: this city Housing purchase restrictions and family members In this city No housing .

A family can only buy one set of housing with common property rights .

Article 10.    The applicant family meets the conditions stipulated in Article 9 of these measures , But there are one of the following situations , It is not allowed to apply for the purchase of housing with joint ownership :

( One ) The applicant family has signed a housing purchase contract or levied ( Demolition ) Compensation agreement for resettlement housing .

( Two ) The applicant family has a housing transfer out record in this city . 

( 3、 ... and ) The husband and wife of a housing family file an application separately after divorce , The time of application is less than three years from the time of divorce .

( Four ) The applicant family has committed illegal construction , The illegal building is not listed in the application 、 Demolition of structures or facilities, etc .

Apply for family rental public rental housing 、 Public housing ( Including directly managed and self managed public houses, etc ) And then buy a house with common property rights , Before the online signing of the house purchase contract A written commitment to vacate Rented house .

Article 11    Housing allotment with joint property rights By the housing and Urban Rural Development Commission of each district ( Housing Authority ) Organize the implementation of , The houses shall be preferentially allocated to the registered residence of the project area and the families without houses in other registered residence of the city who work in the project area , And meet the housing purchase restriction conditions in this city 、 Non registered residence households without housing who work stably in the project area .

among , Specific conditions for non registered residence households without housing to apply for housing with common property rights , It shall be determined by the people's Government of each district according to the functional orientation and development direction of the district and announced to the public .

Twelfth article    Housing with joint property rights shall be purchased online , The following procedures shall be followed :

( One ) Online announcement .

After the development and construction unit obtains the reply of the project planning scheme , To the housing and Urban Rural Development Commission of the project area ( Housing Authority ) Submit the application for online subscription , After examination and approval, it is allowed to open online subscription and publish the project announcement , The online subscription period shall not be less than 15 Japan .

( Two ) Apply online .

Eligible families , You can log in to the district housing and Urban Rural Development Commission during the online subscription period of the housing project with common property rights ( Housing Authority ) The official website puts forward the project purchase application , Fill in online 《 Home purchase application form 》 and 《 Letter of commitment 》, Truthfully declare the family population 、 The household registration 、 marriage 、 Housing, etc , And according to the conditions and project announcements specified in these measures , Prepare relevant supporting materials .

( 3、 ... and ) Online audit .

The Municipal Commission of housing and urban rural development will work with the Public Security Bureau 、 Land tax 、 Human resources and social security 、 The civil affairs 、 After the end of the subscription period, the real estate registration department, etc 20 Within 5 working days , Through the city's common property right housing qualification examination system, the purchase qualification of the applicant family is examined , District Housing and Urban Rural Development Commission ( Housing Authority ) Examine and verify the employment of the applicant family in the district . Approved families , Available application code .

The applicant family can go to the district housing and Urban Rural Development Commission ( Housing Authority ) Check the qualification review results on the official website . Any objection to the audit result , It can start from the date of completion of qualification review 10 Within 5 working days , Present relevant certificates to the district housing and Urban Rural Development Commission ( Housing Authority ) Apply for review .

Article 13    District Housing and Urban Rural Development Commission ( Housing Authority ) To guide and supervise the development and construction units to carry out lottery and rationing . The procedure is as follows :

( One ) Lottery list .

District Housing and Urban Rural Development Commission ( Housing Authority ) It should be balanced according to work and living 、 Family population and other factors are grouped in priority , Determine the family name list , And publicize it to the public on its official website .

( Two ) Lottery placement .

After the housing development and construction unit with joint property rights obtains the pre-sale license or handles the existing housing sales filing , In the district housing and Urban Rural Development Commission ( Housing Authority ) Under guidance and supervision , Open lottery for eligible applicants , Determine the sequence of house selection . The city wide unified lottery software shall be used . The result of lottery is in the district housing and Urban Rural Development Commission ( Housing Authority ) Official website and sales site publicity 3 God .

( 3、 ... and ) Sequential house selection .

The development and construction unit shall 5 A working day , At the sales site and the district housing and Urban Rural Development Commission ( Housing Authority ) The official website publishes the announcement of house selection , Specify the selection time 、 place 、 Batch arrangement, etc . Families choose houses in the order determined by lottery , Families give up choosing houses , The follow-up families make up for it in turn .

( Four ) Purchase confirmation . The development and construction unit shall check the application materials of house selection families at the house selection site , Keep relevant copies , eligible , Will print online 《 Home purchase application form 》 and 《 Letter of commitment 》 After the applicant's family signs for confirmation , Report to the district housing and Urban Rural Development Commission ( Housing Authority ) To review . Families who have passed the review can sign a house purchase contract .

Article 14    The application code obtained by the applicant family can apply for other items , When applying, you must log in to the district housing and Urban Rural Development Commission again ( Housing Authority ) The official website activates the application code . Apply for a change in family status , You should log in to the website in time to make changes . Municipal and district housing and Urban Rural Development Commission ( Housing Authority ) Review again as required .

The applicant family gives up the selected house or fails to sign the house purchase contract after the selected house , Two or more times in total ,3 It is not allowed to apply for the purchase of housing with common property rights again within this year .

Article 15    Lottery for houses with common property rights 、 The process and result of house selection shall be notarized by the notary office according to law , Take the initiative to accept deputies to the National People's Congress 、 CPPCC members and news media supervisors , And the public can be invited to supervise on site .

Article 16    After the development and construction unit has publicly selected houses, there are surplus houses , Should be in accordance with the prescribed procedures in the district housing and Urban Rural Development Commission ( Housing Authority ) The official website publishes the announcement of house selection , And organize other families to select houses in turn .

The development and construction unit will fill the vacancy after selecting houses 6 Months , There is still room left , By the Municipal Commission of housing and urban rural development, it will be allocated to other districts for allocation .

 

Chapter four   Joint ownership agreement

Article 17.    The average selling price of the housing project with common property rights , It shall be lower than that in the same section 、 The price of ordinary commodity housing of the same quality , Based on the project development and construction costs and appropriate profits , And consider the family's affordability of house purchase and other factors to determine comprehensively . The average sales price shall be specified in the land supply document .

The development and construction unit shall base on the average sales price , Combined with the floor of the house 、 toward 、 Location and other factors , Determine the selling price of each house , The price fluctuation range is ±5%.

Article 18    Share of property right of the buyer , Refer to the average sales price of the project in the same area 、 The proportion of the price of ordinary commodity housing of the same quality shall be determined ; Government share of property rights , In principle, it shall be held by the regional holding agency where the project is located , It can also be held by the municipal holding agency .

Article 19    The average sales price of the housing project with common property rights and the proportion of the common shares , Before the land of the housing project with joint property rights is listed and the house is sold , The real estate appraisal agency is entrusted by the holding agency to conduct the appraisal , The Municipal Commission of housing and urban rural development and the municipal development and Reform Commission 、 Municipal Finance Bureau 、 The municipal planning and Land Resources Commission will jointly review and determine . The evaluation and determination results shall be open to the public .

Twentieth    The applicant family selects the housing with common property rights , Both husband and wife shall cooperate with the development and construction unit 、 Third party house purchase contract signed by the holding agency , As the co owner of the property right share of the house purchasing family , Minor children are co residents .

The purchase contract shall specify the share of common property rights 、 House use and maintenance 、 Restrictions on lease and transfer, etc .

The model text of the housing transaction contract with common property rights shall be formulated by the Municipal Commission of housing and urban rural development in conjunction with the Municipal Administration for Industry and commerce .

Article 21    Purchasing houses with common property rights , The buyer may apply for housing provident fund in accordance with the relevant provisions on policy housing loans 、 Commercial banks and other housing loans .  

Article 22    Development and construction unit 、 The buyer and the agency shall, in accordance with the relevant provisions of the state and this Municipality on real estate registration , Apply to the real estate registration department in the area where the house is located for real estate registration , The property right of the house is “ Co ownership housing ”. The registration items are recorded in the real estate register , The real estate registration department shall issue the real estate ownership certificate to the parties concerned , The name of the co owner shall be noted in the supplementary column as required 、 Co ownership mode, CO ownership share, etc .

Article 23    Purchased housing with joint ownership for rent , The buyer and the agency shall obtain the corresponding part of the rental income according to their share of the property right of the house , The details shall be stipulated in the house purchase contract .

The buyer shall release the house rental information on the network service platform established by the municipal holding agency , Priority shall be given to families with record of indemnificatory housing or families meeting the purchase conditions of housing with common property rights . The detailed implementation rules shall be formulated separately by the Municipal Commission of housing and urban rural development .

Article 24    The buyer of a house with joint property rights obtains the real estate ownership certificate under 5 Year of , It is not allowed to transfer the share of house property right , It is really necessary to transfer due to special reasons , It can be reported to the housing and Urban Rural Development Commission of the original distribution area ( Housing Authority ) Application for submission , Repurchase by the holding agency .

The repurchase price is determined according to the purchase price and taking into account factors such as depreciation and price level . The house repurchased will continue to be used as a house with common property rights .

Article 25    The house buyer of a house with joint property rights has obtained the real estate ownership certificate 5 Year of , The share of the property right of the house purchased can be transferred at the market price .

( One ) The buyer shall report to the housing and Urban Rural Development Commission of the original distribution area ( Housing Authority ) Submit an application for transfer , Specify the transfer price . At the same price , The holding institution can give priority to purchase .

( Two ) The holding institution waives the preemptive right , The buyer can release the information about the transfer of the share of the property right of the purchased house on the network service platform established by the holding agency , The transfer object shall be other families that meet the purchase conditions of housing with common property rights . The nature of the property right of the newly purchased house is still “ Co ownership housing ”, The proportion of the share in the property right of the house remains unchanged .

Article 26    The house price at which the holding institution exercises the preemptive right , The real estate appraisal agency shall be entrusted to evaluate and determine by referring to the price of the surrounding market .

The transfer price of the buyer is obviously lower than the appraisal price , The agency shall buy back the house at the transfer price proposed by the buyer .

Buyers buy through 、 Inherit 、 Other houses obtained by means of donation, etc , The share of the housing property right with the common property right shall be repurchased by the holding agency . The repurchase price shall be determined in accordance with paragraph 1 .

The above specific implementation measures shall be separately formulated by the Municipal Commission of housing and urban rural development in conjunction with relevant departments .

Article 27    The buyers and co residents of a house with common property rights shall use the house in accordance with the relevant provisions of this Municipality on housing administration and the housing sales contract .

Co ownership housing buyers and agents , It is not allowed to divide and transfer the ownership shares to others ; Shall not violate the provisions of these measures , Unauthorized transfer 、 lease 、 Lending housing with joint ownership .

The buyer 、 The roommate violates the agreement of the house purchase contract , Unauthorized transfer 、 lease 、 Lending or mortgaging houses with common property rights in excess of their shares , The holding agency may, in accordance with the contract , Ask them to correct , And investigate its liability for breach of contract . 

Article 28    The buyer and the agent holding institution of a house with common property rights may use the share of the house property rights they own for mortgage according to law . among , The mortgage financing of the holding agency can only be used for the reconstruction, construction, operation and management of indemnificatory housing and shanty towns in this city .

Article 29    A purchaser of a house with joint property rights shall, in accordance with the provisions of this Municipality on the management of special maintenance funds for commercial residential buildings , Pay the special maintenance fund for the residence in full .

Article 30    Property service fee for housing with joint property rights , To be borne by the buyer , And specify in the house purchase contract .

 

The fifth chapter   supervision

Article 31    Real estate brokerage agencies and their brokers shall not illegally act as agents for the transfer of jointly owned houses 、 Rental and other businesses .

Article 32    The Municipal Commission of housing and urban rural development shall establish a unified housing management information system with common property rights throughout the city , For the construction of housing with common property rights 、 Application for review 、 Provide technical services for placement and post management .

Article 33    Violation of Article 10 of these measures 、 Twelfth article 、 Article 14 provides that , It is verified that , The applicant fails to declare the facts 、 Change of family registered residence 、 Population 、 housing 、 Marriage, etc , Forge or provide false proof materials , Promise to vacate the rented public rental housing 、 Public housing that refuses to vacate within the prescribed time limit , Prohibit its 10 Apply for all kinds of affordable housing and policy housing in the city again within the year , It shall be handled according to the following situations :

( One ) Qualified , By the district housing and Urban Rural Development Commission ( Housing Authority ) Disqualified from purchasing ;

( Two ) Signed , The development and construction unit shall terminate the house purchase contract with it , The purchasing family shall bear corresponding economic and legal responsibilities ;

( 3、 ... and ) Have purchased the housing with joint ownership , The agency shall order them to vacate their houses , Collect the market rent during the occupancy period , After the house is vacated to the agency , The house purchase price shall be returned by the holding agency .

Article 34    Co ownership housing buyers 、 The roommate violates the agreement of the house purchase contract , And refuses to make corrections as required by the agency , Housing and Urban Rural Development Commission of the area where the house is located ( Housing Authority ) They can be ordered to vacate their houses , Prohibit its 10 Apply for all kinds of affordable housing and policy housing in the city again within the year .

Article 35    Applicant 、 The buyer 、 The residents and relevant units and individuals violate the provisions of these measures , The administrative organ shall, in accordance with the provisions of the state and this Municipality , Incorporate relevant administrative decisions into the credit information management system of this Municipality .

The applicant's family member has recorded in the credit information management system of this Municipality any illegal or serious breach of trust , District Housing and Urban Rural Development Commission ( Housing Authority ) According to relevant regulations, the family is restricted from applying for the purchase of housing with common property rights .

 

Chapter six    Supplementary articles

Article 36    Municipal Commission of housing and urban rural development 、 The District People's Government shall, in accordance with the needs of talent work , In the key functional areas 、 The construction within and around the Industrial Park raises housing with common property rights , It is used to meet the living needs of talents within the region . Specific construction fund raising 、 The application and placement measures shall be formulated separately .

Article 37    The self occupied commercial housing projects that have been sold before the implementation of these measures are rented 、 Sale management , Follow the original regulations .

After the implementation of these measures , Unsold self occupied commercial housing 、 Limited price commodity housing 、 Affordable housing , And all kinds of policy housing purchased by the government For resale , These Measures shall be followed .

Article 38     This method comes from 2017 year 9 month 30 The effective date .

CC : Housing Security Department of the Ministry of housing and urban rural development 、 Real estate department .

Office of Beijing Municipal Commission of housing and urban rural development

2017 year 9 month 20 Printed on

 

In this paper, from : About Printing 《 Interim Measures of Beijing Municipality on the administration of housing with common property rights 》 The notice of

 

Reference recommendation :

The lease case of the implementation of the new regulations on the rental of jointly owned houses in Beijing