If the real estate with a pre sale certificate is unfinished, is the household protected by law?

From the developer's point of view, there are generally two reasons for the formation of unfinished buildings

First, the developer takes the initiative to unfinish: due to policy, market and other reasons, commercial housing continues to decline, the purpose of the developer to build the real estate is to make a profit, once the developer finds that the continued construction will only lose money, the more you build, the more you lose, will take the initiative to stop the development and construction of the real estate, forming an unfinished building.

Another situation is that the developer is passively unfinished: this situation generally does not involve market and policy reasons, purely because the developer's capital chain is broken, and the real estate construction project lacks follow-up construction funds; Or the developer is involved in other debt disputes, illegal construction, etc., which is not caused by the developer's will, resulting in an unfinished building.

Protection, but there is still no house, so I can only wait for the later revitalization.

How to protect? The Housing and Urban-Rural Development Bureau that issued the pre-sale permit at the beginning will pay full compensation? What to protect?

What is not protected by law, the key is enforcement.

Some.

According to Article 4 of the Administrative Measures for the Pre-sale of Urban Commercial Housing: the construction administrative department centralizes the management of the pre-sale of urban commercial housing across the country; Provincial and autonomous region construction administrative departments centralize the management of urban commercial housing pre-sale management within their respective administrative areas; The city and county people's construction administrative departments or real estate administrative departments (hereinafter referred to as the real estate management departments) are responsible for the pre-sale management of urban commercial housing within their respective administrative areas.

After the pre-sold commercial housing is delivered, the purchaser shall promptly go through the ownership registration procedures with the real estate management department and the land management department of the people's ** at or above the county level with the relevant vouchers. If a development and operation enterprise has any of the following behaviors in the pre-sale of commercial housing, the real estate management department shall impose a warning, order to stop the pre-sale, order to go through the formalities, revoke the "Commercial Housing Pre-sale License", and may impose a fine.

**Responsible. Projects with complete five certificates will generally not be unfinished, but if they are really unfinished, they must go to court with the owners to sue to see if there is room for recovery.

Commercial housing is unfinished, that is because the developer's capital chain is broken, ** is not responsible, this situation is generally if the developer has no way, after a few years of local housing prices, ** will find other developers to take over and continue to repair.

It is the responsibility of the developer to have a pre-sale certificate. If the house has been completed, the contract can continue to be performed, and the buyer shall transfer the ownership of the house in a timely manner; If the buyer of the house has not been completed and has paid the full price, he may request the bankruptcy manager to transfer the ownership of the house and apply to the real estate management department for a change in the registration of the house, and the bankruptcy administrator of the buyer who has not paid the full price has the right to decide to continue to perform or terminate the contract.

Article 72 of the Civil Code.

During the liquidation period, the legal person shall survive, but shall not engage in activities unrelated to the liquidation or inspection. The remaining property of a legal person after liquidation shall be disposed of in accordance with the provisions of the legal person's articles of association or the resolution of the legal person's authority. Where the law provides otherwise, follow those provisions.

When the liquidation is completed and the cancellation of the registration of the legal person is completed, the legal person shall be terminated; Where it is not necessary to register as a legal person in accordance with the law, the legal person shall be terminated at the end of the liquidation.

Article 73.

Where a legal person is declared bankrupt, the legal person shall be terminated when bankruptcy liquidation is carried out in accordance with law and the cancellation of the legal person's registration is completed.

Properties that have obtained pre-sale certificates may also be unfinished. The pre-sale license is the approval document of the municipal and county people's ** real estate administrative department to allow real estate development enterprises to sell commercial housing, which is only a necessary condition before the formal sale of off-plan housing, and cannot be used as the basis for the later stage of the real estate will not be unfinished.

What are the requirements for a pre-sale permit?

The commercial housing sales license is a sign that the real estate management authority allows the real estate developer to sell the existing house, otherwise the real estate developer's sales behavior is invalid; The pre-sale license of commercial housing is a sign that the real estate management authority allows real estate developers to sell off-plan properties, otherwise, the pre-sale behavior of real estate developers is also invalid.

China's conditions for the approval of commercial housing pre-sale licenses are as follows:

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 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) In addition to complying with the existing provisions of laws and regulations, the project image progress of real estate development projects shall meet the following conditions:

1. More than one-third of the main structure of the multi-storey building has been completed;

2. The main project below the ground has been completed for the high-rise building;

E) real estate development enterprises to the city, county (City) real estate administrative departments to apply for pre-sale registration of commercial housing, in addition to the laws and regulations have been provided for in the documents, should also be submitted standard place name approval documents, demolition of household resettlement description and city, county (city) construction administrative departments of the real estate development project image progress of the certification documents.

6) Pre-sale plan for commercial housing. The pre-sale plan shall explain the location, area, completion and delivery date of the pre-sold commercial housing, and shall attach a layered floor plan of the pre-sold commercial housing.

Legal Analysis: Cong Ling No.

Unfinished buildings with pre-sale certificates are the responsibility of the developer and **, and ** has the responsibility of supervision.

Legal basis: Measures for the management of pre-sale of urban commercial housing Article 5 The pre-sale of commercial housing shall meet the following conditions:

A) has paid all the land use right transfer money, obtained the land use right certificate;

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.

1.The developer takes the initiative to complete the project: due to policies, market and other reasons, the commercial housing lasts, and the developer builds the real estate for the purpose of making a profit.

Once the developer finds that it will only lose money if it continues to build, the more it builds, the more it loses, so it will take the initiative to stop the development and construction of real estate, forming unfinished buildings.

2.Developer's passive unfinished business: This situation generally does not involve market conditions and policy reasons.

It is purely because the developer's capital chain is broken, and the real estate construction project lacks follow-up construction funds; or the developer is involved in other debt disputes, illegal construction, etc. None of them were stopped out of the developer's wishes to form unfinished buildings.

What should I do if I buy a house and unfinished buildings?

1.Clarify the ownership of property rights.

At present, there are very few buyers who make a lump sum payment on a property, and most of them are mortgaged or paid in installments. Therefore, the purchased house becomes an unfinished building, and there is a problem of property ownership. Therefore, we must protect our legitimate rights and interests through legal means.

First of all, you need to go through legal legal advice to determine your own ownership. It's better to have property rights in hand than nothing. Secondly, the buyer can still request the housing management department to handle the real estate certificate according to the procedure.

2.Joint negotiations for the protection of rights.

Once the ownership of the property is clarified, it is necessary to work with other owners to obtain greater legal support. If the purchased real estate is only "unfinished", you can give the developer a little time to inspect it. If funds can be raised in a short period of time to complete the follow-up project, the buyer's losses can be minimized.

If the developer goes bankrupt due to insolvency, the house cannot be returned to the real estate company. After checking out, the buyer does not get the payment for the goods, only a receipt or IOU. The relationship between home buyers and real estate enterprises will change from business ties to creditor-debt relationships.

Suppose a real estate business has to declare bankruptcy due to insolvency, and its property is auctioned off by the court. Under the provisions of the bankruptcy law, it is easier for consumers to obtain compensation from real estate businesses than ordinary creditors.

If they decide to represent the developer, the owners must also jointly defend their rights. If other owners go to court and win the case to get compensation, while some owners don't get compensation in time because they wait for the developer to complete the work, they may end up not getting compensation.

3.Believe**.

For unfinished buildings, different intervention methods will be adopted according to different situations:

1) When the funds are insufficient, the funds will be raised by the first time limit or the enterprise will introduce partners.

2) If laws and regulations are violated, rectification will be required within a time limit.

3) When it comes to economic disputes, it is necessary to file a lawsuit, and ** will intervene.

4) Regarding the developer's bankruptcy or failure to continue construction after doing its best, the project shall be withdrawn from external bidding in accordance with the law, or the developer shall find a receiver by himself.

Legal analysis: If the developer has no funds to return the owner's house payment, you can sue to deal with it, and use legal means to protect your legitimate rights and interests.

Legal basis: "Measures for the Administration of the Sales of Commodity Housing" Article 7 The current sale of commercial housing shall meet the following conditions: (1) The real estate development enterprise of the current sale of commercial housing shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise; (B) to obtain a certificate of land use rights or approval documents for the use of land; (C) holding construction project planning permits and construction permits; (4) It has passed the completion acceptance; (5) Demolition and resettlement have been implemented; (6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction progress and delivery date; (7) The property management plan has been implemented.