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The conditions for the sale of off-plan properties are: the pre-seller has paid all the land use right transfer money and obtained the land use right certificate; The pre-seller holds a construction project planning permit, and the pre-sale income must be used for the construction of the relevant project; The pre-sale contract signed by the pre-seller shall be reported to the people's real estate management department and land management department at or above the county level for registration and filing.
Article 5 of the Administrative Measures for the Pre-sale of Urban Commercial Housing.
The pre-sale of commercial housing shall meet the following conditions:
1) All land use right transfer fees have been paid and land use right certificates have been obtained;
2) Holding construction project planning permits and construction permits;
3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined.
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1. All the land use right transfer fees have been paid, and the land use right certificate has been obtained, and the land use right has not been mortgaged.
2. Hold a construction project planning permit. If a real estate developer violates the urban planning to build its own commercial housing and pre-sell it, it will be the bona fide purchaser who will really suffer.
3. According to the calculation of the pre-sold commercial housing, the developer's investment in development and construction shall reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery time have been determined.
4. It has signed a pre-sale supervision agreement with a financial institution.
5. Have gone through the pre-sale registration with the people's ** real estate management department at or above the county level, and obtained the pre-sale license certificate of commercial housing; If the commercial housing is pre-sold abroad, the approval document for overseas sales shall be obtained at the same time.
What is the difference between off-plan and existing property.
1. Housing attributes: If the developer has obtained a large property right, then the house is an existing house, and if the developer has not obtained a large property right, the house belongs to the off-plan house.
2. Purchase contract: When buying a house, it is necessary to sign a purchase contract with the developer, and there is a difference between the contract of existing house and off-plan house refers to the grandson rent, the existing house is signed with the "commercial housing sales contract", and the off-plan house is signed with the "commercial housing pre-sale contract".
4. Supporting facilities: The supporting facilities of the existing house are more mature than the off-plan house, if the buyer chooses to buy the existing house, then the buyer can go to the scene to see what supporting facilities there are, so that they know in their hearts, but for the off-plan house, the supporting facilities are known from the mouth of the sales staff, and when the house is built, it is difficult to say whether those supporting facilities still exist.
5. Housing: Housing is a special concern for everyone when buying a house, generally speaking, the existing house is definitely more expensive than the off-plan house, the price of the off-plan house is only affected by the market and location, and the preferential strength of the off-plan house is also greater than that of the off-plan house.
6. Risk index: the existing houses are all houses that have been built and everyone can move in after purchase, so buyers can see and touch them when buying a house, and can fully understand the quality of the house by looking at the house in person, but the off-plan houses have not yet been built, and the risks are very large.
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According to the relevant laws of China, the sale of off-plan housing should meet the following five conditions: all land use right transfer fees have been paid, and the land use right certificate has been obtained, and the land use right has not been mortgaged; Hold a planning permit for construction projects. If a real estate developer violates urban planning to build its own commercial housing and pre-sells it, it will be the bona fide purchaser who will really suffer; According to the calculation of the pre-sold commercial housing, the developer's investment in development and construction should reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery time have been determined; Agreements have been signed with financial institutions for the supervision of pre-sale proceeds; It has gone through the pre-sale registration with the people's ** real estate management department at or above the county level and obtained the pre-sale license certificate of commercial housing; If the commercial housing is pre-sold abroad, the approval document for overseas sales shall be obtained at the same time.
Article 38 of the Real Estate Management Law provides that the following real estate shall not be transferred: (1) the land use right is obtained by way of transfer, and it does not meet the conditions stipulated in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; (3) recovering land use rights in accordance with law; (4) Jointly owned real estate without the written consent of the other co-owners; (5) The ownership is disputed; (6) Failure to register and receive a certificate of ownership in accordance with law; (7) Other circumstances where laws or administrative regulations prohibit transfer.
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Legal analysis: According to the relevant laws of China, the sale of off-plan housing should meet the following five conditions: all land use right transfer fees have been paid, and the land use right certificate has been obtained, and the land use right has not been mortgaged; Hold a planning permit for construction projects.
If a real estate developer violates the urban planning to build its own commercial housing and pre-sell it, it will be the bona fide purchaser who will really suffer. According to the calculation of the pre-sold commercial housing, the developer's investment in development and construction should reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery time have been determined; Agreements have been signed with financial institutions for the supervision of pre-sale proceeds; It has gone through the pre-sale registration with the people's ** real estate management department at or above the county level and obtained the pre-sale license certificate of commercial housing; If the commercial housing is pre-sold abroad, the approval document for overseas sales shall be obtained at the same time.
Legal basis: Article 38 of the Real Estate Management Law The following real estate shall not be transferred: (1) the land use right obtained by way of transfer does not meet the conditions stipulated in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; (3) Recovering the right to use land in accordance with law; (4) Co-ownership of real estate without the written consent of the other co-owners; (5) The ownership is disputed; (6) Failure to register and receive a certificate of ownership in accordance with law; (7) Other circumstances where laws or administrative regulations prohibit transfer.
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According to the relevant laws of China, the sale of off-plan housing should meet the following five conditions: 1. All land use right transfer fees have been paid, and the land use right certificate has been obtained, and the land use right has not been mortgaged; 2. Hold a construction project planning permit. If a real estate developer violates the urban planning to build its own commercial housing and pre-sell it, it will be the bona fide purchaser who will really suffer. 3. According to the calculation of the pre-sold commercial housing, the developer's investment in development and construction shall reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery time have been determined. 4. It has signed a pre-sale supervision agreement with a financial institution. Fifth, it has gone through the pre-sale registration with the people's ** real estate management department at or above the county level and obtained the pre-sale license certificate of commercial housing; If the commercial housing is pre-sold abroad, the approval document for overseas sales shall be obtained at the same time.
1. What documents do I need to sell a house?
The documents required to sell a house include: state-owned land use right certificate, construction type land planning permit, construction project planning permit, construction project construction permit, commercial housing sales or pre-sale license.
Second, the conditions for the pre-sale license.
In order to meet the three conditions for the pre-sale of commercial housing: 1. All the land use right transfer fees have been paid and the land use right certificate has been obtained; 2. Hold a construction project planning permit. 3. According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project reach more than 25 of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined to the city and county real estate management departments to submit relevant materials, and handle the pre-sale registration socks.
Article 38 of the Real Estate Management Law provides that the following real estate shall not be transferred: (1) the land use right is obtained by way of transfer, and it does not meet the conditions stipulated in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; (3) Recovering the right to use land in accordance with law; (4) co-ownership of real estate without the written consent of the other co-owners; (5) The ownership is disputed; (6) Failure to register and receive a certificate of ownership in accordance with law; (7) Other circumstances where laws or administrative regulations prohibit transfer.
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Clause. 1. All the land use right transfer fees have been paid and the land use right certificate has been obtained, and the land use right has not been mortgaged;
Clause. 2. Holding a construction project planning permit. If a real estate developer violates the urban planning to build its own commercial housing and pre-sell it, it will be the bona fide purchaser who will really suffer.
Clause. 3. According to the calculation of the pre-sold commercial housing, the developer's investment in development and construction shall reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery time have been determined;
Clause. 4. Agreements have been signed with financial institutions on the supervision of pre-sale funds;
Clause. 5. It has been registered with the people's real estate management department at or above the county level for pre-sale, and obtained the pre-sale permit certificate of commercial housing; If the commercial housing is pre-sold abroad, the approval document for overseas sales shall be obtained at the same time.
Article 38 of the Real Estate Management Law: The following real estate shall not be transferred:
1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;
(2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law;
(3) Recovering the right to use land in accordance with law;
(4) Co-ownership of real estate without the written consent of the other co-owners;
(5) The ownership is disputed;
(6) Failure to register and receive a certificate of ownership in accordance with law;
7) Other circumstances in which laws and administrative regulations prohibit transfer.
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Clause. 1. All the land use right transfer fees have been paid and the land use right certificate has been obtained, and the land use right has not been mortgaged;
Clause. 2. Hold a construction project planning permit. If a real estate developer violates the urban planning to build its own commercial housing and pre-sell it, it will be the bona fide purchaser who will really suffer.
Clause. 3. According to the calculation of the pre-sold commercial housing, the developer's investment in development and construction shall reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery time have been determined;
Clause. 4. Agreements have been signed with financial institutions on the supervision of pre-sale funds;
Clause. 5. Have gone through the pre-sale registration with the people's ** real estate management department at or above the county level, and obtained the pre-sale license certificate of socks Qichai commercial housing; If the commercial housing is pre-sold abroad, the approval document for overseas sales shall be obtained at the same time.
1. What are the preconditions for the pre-sale certificate?
1. All the land use right transfer fees have been paid and the land use right certificate has been obtained.
2. Hold a construction project planning permit.
3. According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project shall reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined.
2. Conditions for applying for a housing pre-sale permit.
1.All the land use right transfer fees have been paid and the land use right certificate has been obtained; 2.Hold a planning permit for construction projects. 3.
According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined; 4.Handle the pre-sale registration with the people's ** real estate management department at or above the county level, and obtain the pre-sale license certificate of commercial housing.
Article 38 of the Real Estate Management Law: The following real estate shall not be transferred:
1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;
(2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law;
(3) Recovering the right to use land in accordance with law;
(4) Co-ownership of real estate without the written consent of the other co-owners;
(5) The ownership is disputed;
(6) Failure to register and receive a certificate of ownership in accordance with law;
(7) Other circumstances where laws or administrative regulations prohibit transfer.
Relevant qualifications are required, such as a business license, and there will also be corresponding qualification requirements according to the business category, such as the catering industry, in addition to having a business license, but also a "food safety business license" or "health license".
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