The reporter learned from the Bureau of Housing and Urban-Rural Development of Xi'an City, Shaanxi Province that starting from April 1, all funds for pre-sales of commercial housing in Xi'an will be directly deposited into a special supervision account for supervision. Developers are not allowed to directly collect or set up separate accounts to collect the purchase price of home buyers.
According to the relevant staff of Xi’an Housing and Urban-rural Development Bureau, the "Xi’an Commercial Housing Pre-sale Fund Supervision and Management Measures" jointly issued by Xi’an Housing and Urban-rural Development Bureau, Xi’an Housing Provident Fund Management Center, and the Business Management Department of the People’s Bank of China Xi’an Branch is now officially released. It will be implemented on April 1, and will be valid for 5 years.
The pre-sale funds of commercial houses mentioned in the Measures refer to the purchase price paid by the purchaser to the development enterprise in accordance with the contract when the real estate development enterprise (hereinafter referred to as the development enterprise) obtains the "Commercial Housing Pre-sale License" to pre-sell the commercial house, including the deposit and down payment , House purchase loans and other forms of all housing payments.
The supervision of pre-sale funds of commercial housing follows the principles of government-led, multi-party participation, earmarked funds, and closed management.
Pre-sale funds are stored in a special account and are prioritized for the construction progress payment, equipment and materials payment, payment of statutory taxes and fees and other costs related to the project required by the commercial housing development project.
The method is clear that all funds for advance sale of commercial housing should be directly deposited in a special supervision account for supervision, and development enterprises are not allowed to directly collect or set up another account to collect the purchase price of the buyer.
The pre-sale funds of commercial housing shall be supervised in full and throughout the process, and the pre-sale funds used to pay for construction and other expenses shall be subject to key supervision.
Once the supervisory account is established, in principle, no change is allowed.
If it is necessary to change, the housing construction administrative department in the project area or the development zone management committee, the development enterprise, and the regulatory bank shall terminate the original regulatory agreement after consultation and agreement. At the same time, the regulatory agreement shall be re-signed as required, and the funds in the original fund account shall be re-signed. All sales funds were transferred to the changed capital account and reported to the administrative department of housing construction in Xi'an for the record.
False information to obtain commercial housing pre-sale funds will be strictly investigated
The Measures clearly stated that development companies failed to collect, disburse, or use commercial housing pre-sale funds in accordance with regulations, and required lending banks to transfer housing loans to accounts other than the supervision account, use the supervision account to collect funds of other nature, and provide false information to obtain commercial housing. Pre-sale funds, or other violations of regulations, shall be investigated and dealt with by the housing construction administrative department of the project area or the management committee of the development zone in accordance with laws and regulations.
Supervising banks in violation of regulations or failing to comply with the provisions of the commercial housing pre-sale funds supervision agreement, unauthorized collection and maintenance of funds transferred in the name of the development company, failing to monitor and feedback the status of the purchase loan in accordance with the regulations, disbursement of funds without authorization, or other violations , Bear the corresponding legal responsibilities in accordance with the law; the administrative department of housing construction in Xi'an can suspend the cooperative relationship according to the cooperation agreement
If the bank issuing the house purchase loan fails to directly transfer the loan funds to the supervisory account in accordance with the regulations, it shall bear the corresponding legal liabilities according to the law; the municipal administrative department of housing construction may suspend the cooperative relationship according to the cooperation agreement.
For regulated banks and loan-issuing banks that have violated regulations, the housing provident fund management department can suspend their cooperative relations in accordance with relevant agreements, and the housing construction administrative department can suspend other relevant business cooperative relations in accordance with relevant agreements, and notify the financial authorities in accordance with the law. Investigate.
The staff of the district/county housing construction administrative departments and development zone management committees who neglect their duties, abuse their powers, or engage in malpractices for personal gains shall be dealt with in accordance with the law.
If the project supervision agency provides false construction progress data, it shall not only deal with it in accordance with laws and regulations by the housing construction administrative department, but also bear other legal responsibilities in accordance with the law.
(CCTV reporter Chang Qing Geng Xiaobin)