The affordable housing that was supposed to be delivered in June 2018 had not been handed over in the past two years, and the project site was almost closed. Recently, some buyers of the Zhujiang Cuiyuan, an economically affordable housing project in the Erqi District of Zhengzhou, reported to the reporter of the Beijing News that “the developer said that the delay in handing over the house due to financial constraints has been dragged to the present.” It is understood that the project has 4 houses , Involving 1033 households.

　　On the afternoon of May 7, Zhujiang Cuiyuan Developer Zhengzhou Zhujiang Real Estate Co., Ltd. ("Zhengzhou Zhujiang Real Estate") responded to the Beijing News reporter that "mainly because the government department later collected land transfer fees from our company again, so much so Some of our property products cannot be sold normally, resulting in a failure to start construction and delivery due to insufficient funds in the future. "

　　Regarding this matter, a staff member in charge of coordinating the matter of the Zhengzhou Housing Security Office said that the office has repeatedly urged and negotiated unsuccessfully, and suggested that buyers should pursue the developer ’s responsibility through legal channels and demand compensation.

Buyers: The project construction is often stopped, and the delivery time is delayed

　　"Since 2008, we have applied for affordable housing, but we are still living a rental life." Buyer Hui Hui (pseudonym) told reporters, "In 2015, we began to select a house in the Pearl River Cuiyuan project. The price is about 2984 yuan / square meter, and in April 2016, the full amount was about 270,000 yuan. I bought a 90 square meter house for the project and the contract agreed to hand over the house on June 30, 2018. "

　　Du Hui said that in early 2017, some buyers, including him, found that the construction of the project was suspended. Zhengzhou Zhujiang Real Estate responded at the time that "the construction was suspended because of environmental problems."

　　Later, when the deadline for house delivery was approached on June 30, 2018, Zhengzhou Zhujiang Real Estate informed home buyers that due to environmental control and tight capital chains, the community could not be constructed normally, and began to sell parking spaces and shops in the community. Subsequently, Zhengzhou Zhujiang Real Estate had promised several times to deliver the house, but none of them fulfilled.

　　On April 20 this year, after the owners went to the Zhengzhou Housing Security Office to defend their rights, Zhengzhou Zhujiang Real Estate issued to the owners a "Description of Zhujiang Cuiyuan Project Delayed Delivery" (referred to as "information description"), which lists The funds required for the construction of the remaining projects amounted to 67.98 million yuan, and the company is actively raising funds. It is recommended that the owners actively purchase parking spaces, basements and shops. At the same time, Zhengzhou Zhujiang Real Estate stated in the fact sheet that it would go all out to strive to hand over the house by the end of December 2020.

　　Du Hui told reporters, "Families who buy this project are generally more difficult. Most people are not only renting a house, but also paying a mortgage. So although the contract stipulates the developer ’s responsibility for delaying the delivery of the house, most buyers are Hope to move into a new house quickly. "

　　The Beijing News reporter learned from the official website of Zhengzhou Zhujiang Real Estate that the company was established in 1999, with a development level qualification of Class 2, and the main development projects are Pearl River Rongyu, Rongjing, Cuiyuan and Changjiang No. 7.

Developer: Due to lack of funds, the house cannot be delivered normally

　　According to the photos provided by the buyers, the Pearl River Cuiyuan project has obtained the "Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Zhengzhou Key Construction Project Start Report" and "Commercial House Pre-sale Permit" "Five certificates.

　　Although the five certificates are complete, it has been postponed for nearly two years and has not been delivered. Where is the crux? Buyer Liu Yi (pseudonym) reported to reporters, "The developer first said that because the road and environmental control cannot be constructed, but the real estate that is tens of meters apart from the project started late, and now it has been handed over. The developer said later Because of funding issues, we suspect that developers have diverted funds for other purposes. "

　　In the afternoon of May 7, Song Lei, deputy general manager of Zhengzhou Zhujiang Real Estate, responded to reporters on the reasons for the delayed delivery of the project. "In addition to the environmental governance, road control and other reasons that have not been able to carry out normal construction, the main reason is that Our company collected land transfer fees, so that some of our property products could not be sold normally, resulting in insufficient funds and unable to start construction and delivery. "

　　On the morning of May 8, a staff member of the Letters and Visits Section of the Housing Security Office of the Zhengzhou Housing Management Bureau told the Beijing News reporter, "The above-mentioned delayed delivery of the Pearl River Cuiyuan Project has continued for nearly two years. At present, the developer has not gone bankrupt. We Can only urge the construction as soon as possible, and regularly interview its main person in charge. "

　　The staff member further stated, "The developer has always said that there is a funding gap, and we are powerless. The Housing Security Office has no administrative punishment power on the developer and can only supervise it. At present, this problem has been reported to the Zhengzhou problem real estate office and has been working Coordinate. "

The land transfer fee for the unpartitioned construction part, and the funds for the sale of retail shops are "lost"

　　Regarding the capital gap of Zhengzhou Zhujiang Real Estate, the above situation statement clearly lists "the capital required for the construction of the remaining project is 67.98 million yuan." Song Lei did not deny this, but she said that the current shortage of funds is mainly due to the impact of the sale of shops, and the main reason for this situation is that the company cannot obtain the property rights certificate of the shop because it has not paid the land transfer fee.

　　Song Lei said, "The Pearl River Cuiyuan is an affordable housing project. In July 2014, we obtained the land and the Zhengzhou Pearl River Rongjing project land in the form of government allocation. At that time, we paid the land allocation fee and then went to the store. Only when I got the title certificate did I learn that I would also have to pay the land transfer fee for the commercial part, otherwise I would not be able to apply for the certificate. "

　　According to Song Lei, all the more than 3,000 square meters of shops in Pearl River Cuiyuan are basically unsold, and the company ’s other affordable housing project, Zhujiang Rongjing, also has more than 8,000 square meters of shops that have not been sold. There is also no specific plan to make up for the land transfer fee. We do not want to pay it. "

　　Regarding the issue of land transfer fees for the Pearl River Cuiyuan, staff members with the surname Keding from the Land Use Division of the Erqi District Bureau of Zhengzhou Municipal Natural Resources and Planning Bureau told reporters, "After enquiries, the land of the Pearl River Cuiyuan Project is indeed land allocated. Normal procedures have been completed for it. The above parking spaces, shops, and basement are all part of the construction of the Pearl River Cuiyuan, but according to the regulations, the commercial part needs to pay the land transfer fee if it is sold. "

　　Why not pay the relevant land in one lump sum? The staff member of the surname Ding said, "The transfer price must be paid when allocating land. Now it is because the real estate certificate and the land certificate of the commercial part have to be combined into one, which leads to the situation of replenishment procedures."

　　As for the above-mentioned Song Lei's statement that "the land transfer fee cannot be paid," the staff member of the surname Ding denied that "the commercial part of the land transfer fee needs to come to us to submit an application and go down the procedure. At present The developer of the Pearl River Cuiyuan Project did not come to apply for the replacement procedures. "

　　In response to this, on May 8, the reporter tried to contact Song Lei several times, but the other party had not been able to reply.

Lawyer: Developer should bear the responsibility for breach of contract

　　For the follow-up settlement of the overdue delivery of the project, the above-mentioned staff of the Housing Security Section of the Zhengzhou Housing Management Bureau said, "The commitment of the delivery time is negotiated by the developer and the owner in private. Our Housing Security Office has not participated. Since the owner and the developer have signed With a formal contract, the owner can pursue the developer ’s responsibility through legal channels and demand compensation for the loss. "

　　The Beijing News reporter interviewed Dai Jinhua, a lawyer of Beijing Jin v. Law Firm, on this matter. She said, “Generally speaking, land for affordable housing is allocated by the government, and land transfer fees are exempted. Approved fees are also implemented. The levy is halved, so its development and construction costs and sale price are lower than ordinary commercial housing. "

　　According to the "Administrative Measures for Affordable Housing" (referred to as "Administrative Measures"), "It is strictly forbidden to carry out commercial housing development in disguised form by paying land transfer fees in the name of affordable housing." "Commercial housing" should also include commercial housing. In this incident, the regulations of the relevant departments of Zhengzhou did not actually meet the above-mentioned management measures and should be a special case.

　　As for the legal liability of the incident, Dai Jinhua believes that the developer ’s failure to pay the commercial part of the land transfer fee is not a cause of exemption. In addition, generally speaking, except for unforeseen factors such as policy changes, environmental governance, road management and control are not force majeure in development and construction, and cannot be exempted.

　　Dai Jinhua reminded the majority of buyers that the agreed delivery time was June 2018, but no house has been delivered so far, which seriously violated the contract and the developer should bear the responsibility for breach of contract. The above buyers can report to the relevant departments, or they can sue the court.

　　As of press time, the above-mentioned relevant departments and agencies have not responded further, and reporters from the Beijing News will continue to follow up on the report.

　　Beijing News reporter Zhang Jian