What conditions need to be met for the pre sale of commercial housing?

According to the law and the Ministry of Construction and relevant regulations, the pre-sale of commercial housing shall meet the following conditions: (1) all the land use right transfer fees have been paid and the land use right certificate has been obtained; (B) 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 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; (4) More than one-third of the main structure of the multi-storey building has been completed; (5) The main works below the ground level have been completed for high-rise buildings. In addition, (1) the entrusted sales agency shall be a real estate intermediary established in accordance with the law and obtained a business license; (2) The entrusted sales agency shall present the relevant documents of the commercial housing and the power of attorney for the sale of commodities to the buyer; (3) The entrusted sales agency shall truthfully introduce to the buyer the relevant information of the commercial housing sold by the buyer; (4) The entrusted sales agency shall sign a contract for the purchase and sale of commercial housing with the buyer in the name of the developer.

The conditions that should be met by real estate development enterprises for pre-sale of commercial housing are: the land use right certificate has been obtained by paying all the land use right transfer money; Holding a planning permit for a construction project, the proceeds from the pre-sale must be used for the construction of the project; The pre-sale contract has been signed, and the contract has been reported to the real estate management department and the land management department for registration.

The conditions for pre-sale of commercial housing include the following: (1) all land use right transfer fees have been paid and land use right certificates have been obtained; (B) holding construction project planning permits and construction permits; (3) According to the calculation of the pre-sold commercial housing provided, the funds invested in the development and construction 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; (4) The pre-sale registration has been completed and the pre-sale license of the commercial housing has been obtained.

Article 22 of the Regulations on the Administration of Urban Real Estate Development and Operation.

The pre-sale of commercial housing refers to the form of housing sales in which the developer gives the commercial housing that has not yet been completed and obtained the large property certificate to the purchaser in advance, and the underwriter pays the house price according to the pre-sale contract and passes the acceptance of the completion of the house, and the developer obtains the small property certificate after handling the large property certificate. Since the pre-sale of commercial housing plays an important role in the development of the entire real estate industry, it is objectively required to be regulated and guided by law. According to Article 44 of the Law of the People's Republic of China on the Administration of Urban Real Estate, Article 23 of the Regulations on the Administration of Urban Real Estate Development and Operation, Article 5 of the Administrative Measures for the Pre-sale of Urban Commercial Housing, and Article 16 of the Administrative Provisions on the Transfer of Urban Real Estate, the pre-sale of commercial housing shall meet the following conditions:

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 and construction permit.

3) According to the calculation of the pre-sold commercial housing provided, the funds invested in the development and construction of the bureau 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) The pre-sale registration has been completed and the pre-sale permit certificate of the commercial housing has been obtained. With the further development of the real estate industry, Shanghai, Guangdong and other places have raised the entry threshold for pre-sale of commercial housing. Taking Shanghai as an example, Article 32 of the Measures for the Transfer of Real Estate in Shanghai, which came into effect on June 1, 1997 and amended on September 20, 2000, stipulates that the pre-sale of commercial housing shall meet the following conditions:

The land use right is obtained by way of transfer, and the full land use right transfer fee has been paid; The land use right has been registered in accordance with the law and the real estate right certificate has been obtained; Obtain the planning permit for the construction project of commercial housing; Obtain the construction permit for the construction of commercial housing; The investment in the construction and installation of commercial housing projects has reached the specified standards; The completion and delivery date of commercial housing has been determined, and the supporting construction plan of municipal, public and public building facilities has been implemented; It has signed a pre-sale money supervision agreement with a professional institution engaged in the supervision of real estate project funds in Shanghai (hereinafter referred to as the regulatory agency), formulated a housing use convention, and signed a preliminary property management service contract with a property management company. Among them, the standards stipulated in the first item shall be formulated by the Municipal Bureau of Real Estate and Land Resources, and shall be implemented after being approved by the people of Shanghai. According to the standards formulated by the Shanghai Municipal Bureau of Real Estate and Land Resources and approved by the Shanghai Municipal People, commercial housing projects with less than 7 floors (including 7 floors) shall complete the foundation engineering and construction until the main structure is capped; For commercial housing projects with more than 8 floors (including 8 floors), the foundation works shall be completed and constructed to the main structure of more than 23 (not less than 7 floors).

Relatively speaking, in terms of the pre-sale conditions of commercial housing, Shanghai's regulations are stricter than those of the state and the Ministry of Construction, which is closely related to the rapid development of Shanghai's real estate industry. For home buyers, the more stringent the conditions for the pre-sale of commercial housing, the lower the risk of buying off-plan properties.

Commercial housing that meets the following conditions can be pre-sold: the pre-seller has paid all the land use right transfer money and obtained the land use right certificate; The pre-seller holds a planning permit for the construction project, and the proceeds from the pre-sale must be used for the construction of the project; The pre-sale contract signed by the pre-sale party 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.

[Legal basis].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;

(B) 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 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;

Legal analysis: the pre-sale of commercial housing shall meet the following conditions: 1. All land use right transfer fees have been paid and land use certificates have 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 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. When it comes to house demolition, there should be a perfect demolition and resettlement plan and specific measures to ensure that the relocation is carried out on time.

Legal basis: 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 the land use right transfer fees have been paid and the land use right certificate has been obtained; (B) 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 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;

According to the relevant provisions of the "Urban Real Estate Management Law" and the "Administrative Measures for the Pre-sale of Urban Commercial Housing", the pre-sale party of the commercial housing pre-sale contract shall meet the following conditions:

1) The pre-seller must be a real estate development enterprise that has been approved and registered with the administrative department for industry and commerce. Real estate development enterprises are engaged in real estate development and operation for the purpose of making profits. However, if an enterprise that does not have the qualifications for real estate development and operation has entered into a pre-sale contract for commercial housing with others before the implementation of the Urban Real Estate Management Law, and has obtained the qualification for real estate development and operation in accordance with the law during the first-instance litigation, the contract may be deemed valid;

2) The pre-seller must pay the full land use right transfer fee and obtain the land use right certificate. However, before the implementation of the Urban Real Estate Management Law, if the pre-seller has not obtained the land use right certificate, but has invested a certain amount of development and construction funds, carried out construction, and entered into a commercial housing pre-sale contract with others, and has reissued the land use right certificate during the first-instance litigation, the contract may be deemed valid;

3) The pre-seller must obtain a planning permit for the construction project, and the invested development funds must meet the requirements of the law. The pre-seller must calculate the pre-sale commercial housing, and the funds invested in the development and construction of the project must 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;

4) The pre-seller must obtain the pre-sale permit certificate of the commercial housing. However, before the implementation of the Urban Real Estate Management Law, if the pre-sale party did not obtain the pre-sale permit certificate of the commercial housing, but reissued the pre-sale certificate of the commercial housing during the first-instance litigation, the contract can be deemed valid.