New regulations are proposed for the supervision of pre-sale funds of commercial housing in this city
The down payment for the purchase of a house is first regulated and protected, and then signed online
Our reporter Zhao Yingying
The purchase of the off-plan property has not yet been obtained, but the developer has been exposed that there is no money to repay the debt. Is the purchaser's money going to be in vain?
Since the beginning of this year, with the implementation of financial regulatory policies marked by the "three red lines", some development companies that can no longer rely on high turnover and high debt models have also fallen into debt turmoil.
In order to further protect the rights of buyers, yesterday, the Municipal Housing and Construction Commission, the People’s Bank of China’s Business Management Department, and the Beijing Banking and Insurance Regulatory Bureau jointly issued the "Beijing Commercial Housing Pre-sale Fund Management Measures (2021 version)" for public comments. .
The draft proposes to adjust the account entry process. Buyers can only open the online signature after depositing the deposit and down payment in full into the special account to ensure that the pre-sale funds are directly credited to the account in time and in full.
Down payment, etc., supervise and protect first, then sign online
Pre-sale funds for commercial houses refer to the entire price paid by the purchaser in accordance with the pre-sale contract during the pre-sale of commercial houses, including deposits, down payments, house loans and other forms of house purchases.
In 2010, the city issued the "Beijing Interim Measures for the Supervision and Administration of Pre-sale Funds for Commercial Houses", clarifying that all pre-sale funds for commercial houses should be deposited into special accounts.
In 2013, it was revised as the "Beijing Municipality's Measures for the Supervision and Administration of Pre-sale Funds for Commercial Housing", and the "Notice on Strengthening the Management of the Use of Pre-sale Funds for Commercial Housing in this Municipality" was issued in 2015 to actively ensure the safety of pre-sale funds.
However, in practice, there are still problems such as insufficient supervision of banks in fulfilling their responsibilities and failure to effectively form a combined supervision force.
"In line with the principles of bank supervision, government guidance, multi-party supervision, and guaranteeing construction, the draft for comments will be improved and adjusted in response to existing problems." The relevant person in charge of the Municipal Housing and Construction Commission said.
The first change is to adjust the current accounting process to first supervision and protection and then online signing.
The draft for comments proposes that during the pre-sale process of the project, the purchase price such as the deposit and down payment paid by the purchaser should be directly deposited into the supervision account from the purchaser's account, and the development enterprise shall not be transferred to other accounts.
Only after the purchaser deposits the deposit and the down payment in full in accordance with the personal housing loan regulations into the special account, can he complete the online signing of the subscription letter for the house to be purchased and the online signing of the house sale contract.
It is understood that the supervising bank shares real-time information on online housing contracts and entry through the Beijing Banking and Insurance Regulatory Bureau’s financial private network and the city’s real estate transaction management system.
"After the information is shared, as long as the funds arrive in the account, the real estate transaction management system will be automatically triggered, which can achieve seamless connection." Returned by the same way.
Information sharing is also conducive to supervision.
The Beijing Banking and Insurance Regulatory Bureau can cross-check the shared development project sales progress, online signature filing details, regulatory account transaction details and other information with the data reported by the regulatory bank, and thoroughly monitor the implementation of the supervision of the development enterprise and the regulatory bank's pre-sale funds.
In order to facilitate home buyers to know and supervise the use of the paid home purchase money, it is also proposed this time that home buyers can use the online sign number, password and other information to check the pre-sale fund supervision account corresponding to the pre-sale permission project through the government website to enter, withdraw, and Balance.
Supervising banks is no longer "zero threshold"
The second change is to change the current "zero threshold" status quo that all banks can engage in the supervision of commercial housing pre-sale funds. It is planned to add a bidding link to choose the best.
The consultation draft stipulates that the Municipal Housing and Urban-rural Construction Committee, together with the Beijing Banking and Insurance Regulatory Bureau, and the People’s Bank of China’s Operation Management Department, will integrate commercial banks’ regulatory capabilities, service efficiency, R&D level, operating conditions and other factors, and will be selected to engage in pre-sale fund supervision after public bidding. Bank of.
At the same time, we will organize assessments and evaluations in a two-year cycle to eliminate banks that have not fulfilled their pre-sale fund supervision responsibilities and are unable to undertake the pre-sale fund supervision work.
After being selected by the tender, the bank has to fulfill its responsibilities.
The draft for comments proposes that the supervisory bank should earnestly fulfill the responsibilities of the pre-sale fund supervision entity, strengthen the management of supervisory accounts in and out of accounts in accordance with the announced pre-sale fund supervision plan, implement the responsibility system for designated persons, and improve internal management systems such as authorization and approval.
At the same time, in accordance with the relevant interface regulations of the city's commercial housing pre-sale funds supervision system, the data should be uploaded accurately and in a timely manner, and the system implementation of the pre-sale funds approval and expenditures should be regularly checked.
High-risk projects can be closed for management
In order to give priority to the construction of projects, over the years, after all the funds for pre-sales of commercial housing have been deposited into special accounts, the supervising bank will also implement key supervision on the part of the key supervision quota.
This time, adjustments have also been made to key regulatory quotas.
The draft for comments stipulates that the key supervision quota of the project shall be comprehensively determined by each district based on the comprehensive construction cost of the project, delivery and use conditions, the credit level of the development enterprise and the operating status, and it shall not be less than 5,000 yuan per square meter.
“There is no longer a standard for the whole city, which not only facilitates the comprehensive determination of key supervision quotas for each district based on project conditions, but also allows the local government to have more autonomy in guiding and supervising the supervision of pre-sale funds.” The relevant person in charge of the Municipal Housing and Construction Commission said.
With regard to the withdrawal of pre-sale funds, emergency measures for major risky projects have been added. When pre-sale projects have major hidden risks, the district housing and construction department should fully take over the pre-sale funds supervision account or establish a government supervision account, and implement closed management guarantees The funds in the account are safe and are prioritized for the construction of this project.
It is understood that for the identification of high-risk projects, three basic conditions must first be met: the follow-up funds cannot cover the project funds, the progress of the project is late than the construction contract, and the operation status of the superior group to which the project belongs has problems.
At the same time, after a comprehensive assessment by the district housing and construction department, the project itself or the superior group can no longer provide effective financial support, and the progress of the project will be seriously delayed or even suspended, so that it cannot be delivered to the buyer on the agreed date, it will be identified as a high-risk project .
Funds must be managed well, but not dead.
In the case of ensuring the safety of funds, the draft also adds measures to optimize the business environment. Development companies can apply for funds according to a single building or multiple buildings, and shorten the loan time limit from the past five working days to Two working days.
At the same time, if the amount and validity period of the cash guarantee issued by the development company can cover the key supervision quota and construction period of the development project, the pre-sale fund supervision may not be carried out.