Cases of the implementation of housing purchase restriction orders, and specific measures for housin

1. Families with local household registration and talent residence permit in each city are limited to a maximum of two houses; A maximum of one set is limited to foreign residents and foreigners; The two purchases must be more than two years apart; Companies are prohibited from buying houses.

2. The basic purchase restriction order meets the residential and investment needs of the vast majority of families, does not conflict with the housing purchase policy in some cities, and will not hinder the development of the housing rental and vacation property market. In Beijing, Shanghai and other cities where land is relatively tight, a one-year waiting period system for foreign residents can be implemented, that is, foreign and overseas residents must provide at least one year of tax or social security certificate before they can buy. The implementation of the purchase restriction order mainly relies on the real estate property registration and online signing information systems of the housing management departments of various cities, and does not require a national network.

At present, the Ministry of Housing and Urban-Rural Development is promoting the construction and networking of housing information systems in 40 key cities, which is very valuable. After the completion of the system, it will effectively support the introduction of multi-suite property tax and optimize the purchase restrictions within 40 cities.

3. After the long-term purchase, the main demand force will return to the middle class, and the housing price will also return to the level that the income can support

Clause. 1. Abolish the differentiated credit of commercial banks, and support the middle class to buy homes through the low interest rate, low down payment, and higher loan ceiling of the Housing Provident Fund loan. The current differentiated credit policy runs counter to the profit-seeking instinct of commercial banks, and can only be implemented by relying on repeated orders from the CBRC, while the purchase restriction order can basically prohibit the use of credit resources for property speculation and excessive investment.

The central bank and the China Banking Regulatory Commission may stipulate the minimum limits for mortgage down payments and interest rates in accordance with the needs of national macroeconomic regulation and control, and on this basis, commercial banks shall issue mortgages in accordance with the requirements of risk management in accordance with local conditions, time conditions, and household conditions.

Clause. 2. Cancel the price limit housing and gradually eliminate affordable housing. The middle class can buy new or second-hand commercial housing with better value for money; The housing security system has shifted from "sales-based" to "rent-to-sell", and in the future, it can shift to "rent-based" until affordable housing is eventually abolished.

Clause. 3. The 90 70 and small and medium-sized sets of land and the low- and medium-priced ordinary commercial housing land that were originally used to adjust the first-class structure and curb land prices can be cancelled. The transfer of state-owned land will continue to adhere to the direction of market-oriented reform, and minimize the run-in evaluation of the comprehensive chain that can easily lead to black-box operation.

1. What are the measures of the housing purchase restriction order and what role does it play?

There is no difference between a down payment for owner-occupied housing and a commercial home. Only when taxes and fees are paid, the LAT of commercial housing is higher than that of owner-occupied housing. Now the down payment can be divided into:

1. For the first house, the down payment for the purchase of a new house with an area of no more than 90 square meters can be as low as 20%;

2. For a second home, the minimum down payment for the purchase of the property is 50%;

3. In the case of three houses, the banker who needs a loan may not issue a loan based on the housing **;

4. In other cases, the minimum down payment is 30%.

There is a wave of check-outs in many places.

Due to the "time difference" between the release time of the policy and the time when consumers place deposits, some real estate projects in Shenzhen, Beijing, Guangzhou and other cities have already been after the eleventh day, and a large number of customers who subscribed in September will be extremely strict in the approval of bank loans. Yang Shaofeng, general manager of Beijing Lianda Sifang Real Estate Brokerage Company, revealed that according to the information it recently learned from the first-line market, among the customers who signed contracts in September, customers who could not meet the conditions of bank loans or needed to increase the down payment accounted for at least 1 3 of the transaction volume in the same period.

After the issuance of the purchase restriction order, due to the fact that individual buyers exceeded the local household purchase limit, the newly purchased housing could not go through the contract filing or real estate registration, which caused some economic and legal disputes and brought significant risks to the buyers.

In response to this issue, the Ministry of Housing and Urban-Rural Development issued a risk reminder, solemnly reminding all participants in real estate transactions to have a detailed understanding of the real estate regulation and control policies, focusing on the relevant regulations on the number of housing units to be purchased in the region, so as to prevent economic and legal risks arising from ignorance of the policies. At the same time, real estate sales agencies should increase the notification of regulatory policies such as purchase restriction measures. Real estate development enterprises and real estate brokerage institutions shall mark the main content of the measures to limit the purchase of the previous day in a conspicuous position at the sales site and in the operating stores, and strengthen the management and training of employees.

Housing salespeople and brokers shall, in accordance with the principle of good faith, truthfully and accurately inform each buyer of the relevant policies and make necessary risk warnings to avoid unnecessary check-out disputes.

Scope of influence. In the first two months of 2011, interest rate hikes were approaching step by step, and the property tax "knocked on the mountain and shook the tiger", and under the pressure of the "strictest regulation" upgrade, the property market entered a cooling channel: the transaction shrank significantly in January, and the property market fell into the "freezing point" during the Spring Festival.

Under the high pressure of a new round of regulation, many parties expect that there will be a "reasonable adjustment" in the property market. "The sharp drop in transactions during the Spring Festival is just the beginning of the cooling of the property market. Relevant people said that with the tightening policy has been implemented in place, the "results" of regulation and control are expected to expand, and housing prices will be curbed to a certain extent in 2011.

However, how to prevent the "reasonable demand" from being hurt in the regulation has become another problem that needs to be solved urgently.

Legal analysis: The understanding of the legal attributes of the purchase restriction order includes "policy theory" and "administrative order theory". From the point of view of the formulating organ, the document number, and the object of the document, neither the ** purchase restriction order nor the local purchase restriction order has the attributes of laws and regulations, and it is an internal administrative legal document, and the formulation and implementation of the purchase restriction order are abstract administrative acts, which are only legally binding on the administrative counterpart, that is, it is binding on the parties to the contract related to the sale and purchase of commercial housing, and it cannot be used as the basis for resolving civil legal disputes such as disputes over the sale and purchase contract of commercial housing.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate Article 61 To obtain land use rights by way of transfer or allocation, it shall apply for registration to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level.

If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Legal analysis: The 40 key cities designated by the Ministry of Housing and Urban-Rural Development will uniformly implement the basic purchase restriction order: families with local household registration and talent residence permits in each city are limited to two houses at most; A maximum of one set is limited to foreign residents and foreigners; The two purchases must be more than two years apart; Companies are prohibited from buying houses.

Legal basis: "Notice of the General Office of the People's Republic of China on Further Improving the Regulation and Control of the Real Estate Market" 1. The local government should earnestly assume the responsibility of promoting the stable and healthy development of the real estate market, strictly implement the National Development Document No. 10 and its related supporting policies, and effectively control housing prices at a reasonable level. In 2011, the people of each city should reasonably determine the annual control target of new housing in the region according to the local economic development target, the growth rate of per capita disposable income and the ability to pay for housing, and announce it to the public in the first quarter.

All localities should continue to increase the effective use of land and further increase the construction of ordinary housing; We will continue to improve strict and differentiated housing credit and tax policies to further effectively curb speculative investment purchases; Accelerate the construction of personal housing information system, and gradually improve the basic data of real estate statistics; We will continue to do a good job in housing security work, and fully implement the targets and tasks of starting construction of affordable housing and renovating housing in shantytowns within this year.

The condition for purchasing a house is that the household registration resident families of the city (seven districts and three cities) who already own one house (including some family members are registered residents of the city, including husband and wife and minor children) are limited to the purchase of one house (including newly built commercial housing and second-hand housing), and the sale of houses to households registered in the city that already have two or more houses in the restricted area is suspended, and the purchase of a house purchase qualification certificate is required. Generally speaking, most of the property brochures have leaflets similar to the "Subscription Instructions" listing the amount that the owner must pay. Before paying the deposit and receiving the subscription letter, it is best to ask the developer or its sales ** to make a written list of the payments that need to be paid in the first installment, and read them carefully to confirm the reasonableness of each charge and whether it should be paid by the owner.

If there is a payment that should not be paid in the first instalment and the deposit has already been paid, you can try to complain to the Consumer Association. After receiving the notice of repossession, the owner should check whether the developer can show proof of acceptance qualifications, the most basic including fire protection acceptance, unit completion quality filing and planning acceptance. The departments responsible for these three are fire protection, quality supervision and planning.

Article 26 of the Regulations on the Administration of Housing Provident Fund Employees who have paid into the Housing Provident Fund may apply for housing provident fund loans from the Housing Provident Fund Management Center when purchasing, constructing, renovating or overhauling their self-occupied houses. The Housing Provident Fund Management Center shall, within 15 days from the date of acceptance of the application, make a decision to approve the loan or not to approve the loan, and notify the applicant; If the loan is approved, the entrusted bank shall handle the loan formalities. The risk of housing provident fund loans shall be borne by the Tuannai Hood Housing Provident Fund Management Center.

Legal Analysis: Real Estate Purchase Restriction Policy:

a) Beijing. 1. The purchase of 1 house (including newly built commercial housing and second-hand housing) in Beijing is limited:

1) Households with household registration in Beijing who already own one house (including families of active-duty soldiers and active-duty armed police officers of the armed forces stationed in Beijing, and families with valid "Beijing Work and Residence Permit");

2) Non-registered resident families who hold a valid temporary residence permit in the city, do not own a house in the city, and have paid social insurance or individual income tax in the city for more than 5 consecutive years (inclusive).

2. Suspension of the sale of houses to them in Beijing:

1) Households with household registration in the city that already own two or more houses;

2) Non-registered households with one or more houses;

3) Non-resident households with household registration in the city who are unable to provide a valid temporary residence permit in the city and proof of paying social insurance or individual income tax in the city for more than 5 consecutive years (inclusive).

b) Shanghai. 1. The purchase of 1 house in Shanghai is limited:

1) Households with household registration in the city that already have one house in the city;

2) Non-resident households that have paid social insurance or individual income tax in the city for 5 consecutive years or more are limited to purchasing 1 house.

2. Suspension of the sale of houses to them in Shanghai:

1) Households with household registration in the city who already own 2 or more houses in the city;

2) Non-registered households with one or more houses;

3) Non-resident households that cannot provide proof of payment of social insurance or individual income tax in the city for 5 consecutive years or more.

Legal basisCivil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.

Article 217 The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.