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市人民政府关于印发《遵义市中心城区经济适用住房上市交易实... 主题分类 城乡建设(含住房) Title Municipal People's Government on Printing and Distributing the "Listing and Transaction of Affordable Housing in the Downtown Area of Zunyi ... Thematic Classification of Urban and Rural Construction (Including Housing)
市政府办公室 生成日期 2019-11-06 14:48:35 Issuing Agency City Government Office Generation Date 2019-11-06 14:48:35
00001434900950022-0/2019-00016 是否有效 Is index number 00001434900950022-0 / 2019-00016 valid?
遵府发〔2019〕11号 关键字 经济适用住房 Article number Zunfufa [2019] No. 11 keywords affordable housing
长期公开 公开方式 主动公开 Public time limit

Notice of the Municipal People's Government on Printing and Distributing the Detailed Rules for the Implementation of the Listing and Transaction of Affordable Housing in the Downtown Area of Zunyi (Revision)

The people's governments of counties, autonomous counties, districts (cities), the management committee of Xinpu New District, various departments of the city government, and their direct agencies:

48 次常务会议审议通过,现印发你们,请认真贯彻执行。 The Implementation Rules for the Listing and Transaction of Affordable Housing in the Downtown Area of Zunyi (Revision) has been reviewed and approved by the 48th Executive Meeting of the Fifth Municipal People's Government , and is now issued to you. Please implement them carefully.

10 28 October 28 , 2019

Implementation Rules for Listing and Transaction of Affordable Housing in Downtown Zunyi (Revised)

总则 Chapter I General Provisions

为进一步健全住房保障体系,规范经济适用住房上市交易行为,根据《经济适用住房管理办法》《国务院关于解决城市低收入家庭住房困难的若干意见》(国发〔 2007 24 号)、《关于加强经济适用住房管理有关问题的通知》(建保〔 2010 59 号)、《贵州省人民政府贯彻落实国务院关于解决城市低收入家庭住房困难若干意见的实施意见》(黔府发〔 2007 29 号)、《关于规范办理改变土地使用条件手续有关问题的通知》(黔国土资发〔 2008 133 号)等文件规定,结合本市实际,制定本实施细则。 The first is to further improve the housing security system and regulate the listing and trading of affordable housing. According to the Measures for the Management of Affordable Housing, the State Council's Several Opinions on Solving the Housing Difficulties of Urban Low-income Families (Guo Fa [ 2007 ] No. 24 ), "Notice on Strengthening the Management of Affordable Housing" (Jiangbao [ 2010 ] No. 59 ), "Implementation Opinions of the Guizhou Provincial People's Government on Implementing Several Opinions of the State Council on Solving the Housing Difficulties of Urban Low-income Families" (Qianfu Development [ 2007 [] No. 29 ), "Notice on Regulating the Relevant Issues Regarding the Procedures for Changing the Procedures for Changing Land Use Conditions" (Qianguo Tuzifa [ 2008 ] No. 133 ) and other documentary provisions, and in accordance with the actual conditions of this city, formulate these detailed rules for implementation.

本实施细则适用于红花岗区、汇川区、播州区、新蒲新区所辖范围内经济适用住房上市交易管理工作。 Article 2 The detailed implementation rules are applicable to the management of listing transactions of affordable housing within the jurisdiction of Honghuagang District, Huichuan District, Bozhou District and Xinpu New District. "Affordable housing" as mentioned in these Implementing Rules refers to the affordable housing that has been approved by the government and included in the affordable housing construction plan since the reform of the urban housing system. Of affordable housing and units raised funds to build affordable housing.

本实施细则所称上市交易是指对已购经济适用住房满 5 年,购房人补缴土地收益和政府优惠费用等价款后取得全产权,可依法办理房屋转移、抵押、变更性质等登记行为。 Article 3 The “listing transaction” mentioned in the detailed implementation rules refers to the purchase of affordable housing for 5 years. The purchaser obtains full property rights after paying the land proceeds and government preferential fees, and can handle house transfers, mortgages, and changes in nature, etc. Registration behavior.

Affordable housing shall not be registered for the transfer, mortgage, or change of property rights of economically-available housing without obtaining the full property rights in the "Opinion on Access to Listing".

The affordable housing uses the project as the unit to apply for listing. After the project is fully qualified, the project unit will collect and sort out relevant information for review. After the review meets the requirements, after the project has entered the listing system platform as a whole, the individual applies for listing procedures in accordance with the procedures.

When the supporting commercial houses in the affordable housing project meet the pre-sale and sales conditions, the project construction unit can apply to the municipal natural resources department to make up for the land transfer fee for the commercial house to allocate the commercial land area, and then the supporting commercial houses can be carried out according to law. Transfer, mortgage, change of nature, etc. to deal with operating houses.

市住建部门具体负责红花岗区、汇川区、播州区、新蒲新区所辖范围内经济适用住房上市交易管理工作。 Article 4 The municipal housing construction department is specifically responsible for the management of listing transactions of affordable housing within the jurisdiction of Honghuagang District, Huichuan District, Bozhou District, and Xinpu New District. The municipal development and reform, finance, natural resources, civil affairs, auditing, statistics, and taxation departments shall divide their responsibilities according to their responsibilities and assist in the supervision and management of the listing and trading of affordable housing.

产权管理 Chapter II Property Rights Management

购房人对所购的经济适用住房拥有有限产权。 Article 5 Buyers have limited property rights in the economically affordable housing they purchase. 经济适用住房 ”“ 有限产权 字样。 Affordable housing should be marked with " Affordable Housing " and " Limited Property Rights " in the "House Ownership Certificate" and "Real Property Certificate" .

已购经济适用住房未补缴土地收益和政府优惠费用,不得办理房屋的转移、变更性质等登记行为。 Article 6 Purchased economically-available housing without paying land proceeds and government preferential fees, shall not go through the registration or transfer of houses. If it is really necessary to transfer for special reasons, you can apply for government repurchase.

经济适用住房项目内的拆迁还房和用于我市中心城区市政建设、棚户区改造、旧住宅区综合整治等保障性住房项目的拆迁安置房源,依法按全产权办理登记。 Article 7 The demolition and return of houses in affordable housing projects and the demolition and resettlement of housing projects for urban housing construction, shantytown renovation, comprehensive renovation of old residential areas, etc. in our city center shall be registered in accordance with the law and according to full ownership.

上市交易条件 Chapter III Listing Trading Conditions

经济适用住房上市交易,应当同时具备以下条件: Article 8 The listing and trading of affordable housing shall meet the following conditions:

5 年(自缴清房款之日起计算); (1) Five years since the purchase of affordable housing (calculated from the date of payment of the house payment);

(2) Pay off the purchase price of the affordable housing purchased and the bank mortgage loan;

(3) Obtaining the "House Ownership Certificate" or "Real Property Certificate" of the economically affordable housing purchased;

(4) Obtaining deed tax payment certificate;

(5) Obtaining the certificate of the equivalent payment for the land revenue and government preferential fees and the "Opinion on Listing Access";

(6) Other conditions required by laws and regulations.

已购经济适用住房未交纳土地收益和政府优惠费用,当事人双方对所购经济适用住房发生转移的,不予办理上市交易手续。 Article 9 The economic benefits of purchased housing have not paid land revenue and preferential government fees. If the parties concerned transfer the economically affordable housing purchased, they shall not go through the listing transaction procedures. Disposal due to court rulings, judgments and other reasons shall be handled in accordance with relevant laws and regulations.

经济适用住房上市交易中,购房人应提交真实材料和相关证件。 Article 10 In the listing transaction of affordable housing, the purchaser shall submit real materials and relevant certificates. Those who submit false materials and certificates shall be handled in accordance with relevant laws and regulations.

已购买的经济适用住房上市交易后,购房家庭不得再申请购买经济适用住房。 Article 11 After the listed affordable housing has been traded, families who buy a house may no longer apply for purchasing affordable housing.

核定补缴款标准及程序 Chapter IV Approval of Supplementary Payment Standards and Procedures

核定经济适用住房补缴比例:经济适用住房补缴款标准为原销售总价的 8% Article 12 The proportion of supplementary payment for affordable housing shall be determined as follows: The standard for supplementary payment for affordable housing shall be 8% of the original sales price .

Demolition and return of the original area within the affordable housing project will not be paid for land proceeds and government preferential fees, and will be handled uniformly according to full property rights. 8% The standard for part of the repayment of the original purchase area of the returned home is 8% of the total sale price of the original purchase area .

经济适用住房上市交易,按下列程序办理: Article 13 The listing and transaction of affordable housing shall be handled in accordance with the following procedures:

(I) Listing Procedure

申请:购房当事人(合同人)向市住建部门提出书面申请。 1. Application: The purchaser (contractor) submits a written application to the municipal housing construction department.

登记:购房人持本人身份证、结婚证、购房合同、发票或收款收据、还清银行按揭贷款凭据、经济适用住房《房屋所有权证》或《不动产权证书》等资料到市住建部门登记,填写《遵义市经济适用住房上市交易申请登记表》,并提供资料原件(留存复印件)。 2. Registration: The buyer takes his identity card, marriage certificate, purchase contract, invoice or receipt, pays off the bank mortgage loan certificate, affordable housing "house ownership certificate" or "property certificate" and other materials Registration, fill in the "Zunyi City affordable housing listing transaction application registration form", and provide original documents (keep a copy).

产权核实:市住建部门对购房人提供的办证登记资料及法律法规规定的其他资料等进行核实。 3. Verification of property rights: The municipal housing construction department verifies the registration information provided by the buyer and other materials required by laws and regulations.

核定补缴款数额 : 市住建部门根据经济适用住房销售合同总价及补缴款比例核定补缴款数额。 4. Checking the amount of supplementary payment : The municipal housing construction department approves the amount of supplementary payment according to the total price of the affordable housing sales contract and the proportion of supplementary payment.

补缴款:购房人凭市住建部门核定的补缴土地收益和政府优惠费用通知书到银行交款。 5. Supplementary payment: The purchaser pays the bank payment with the notice of supplementary land income and government preferential fee approved by the municipal housing construction department.

领取《上市准入意见书》:购房人凭补缴款凭证向市住建部门领取《上市准入意见书》。 6. Obtain the "Opinion on Listing Access": The purchaser obtains the "Opinion on Listing Access" from the municipal housing construction department with the supplementary payment voucher. Obtained full property rights and allowed listing.

(II) Trading procedures

交易:购房人凭经济适用住房《房屋所有权证》或《不动产权证书》和《上市准入意见书》,按全产权程序依法向不动产登记部门申请办理房屋转移、抵押、变更性质等登记行为。 1. Transaction: The purchaser shall apply to the real estate registration department for registration of the property transfer, mortgage, and change of property in accordance with the law in accordance with the full property rights procedure on the basis of the "house ownership certificate" or "property title certificate" and "listing access opinion" of the economically affordable housing. behavior.

特殊情况的补充规定 Article 14 Supplementary Provisions for Special Situations

(1) Death of the purchaser (contractor)

购房当事人(合同人)死亡的:由配偶方提供本人身份证、结婚证、购房合同、购房人死亡证明书等资料原件,向市产权登记部门申请办理经济适用住房《不动产权证书》,再按上市程序办理《上市准入意见书》。 1. If the purchaser (contractor) dies: The spouse shall provide the original documents such as his identity card, marriage certificate, purchase contract, death certificate of the purchaser, etc., and apply to the municipal property right registration department for the "property property right certificate" for economically affordable housing. Follow the listing procedures to apply for the "Listing Entry Opinion".

购房当事人(合同人)夫妻双方均死亡的:由其法定继承人提供本人身份证、原购房人购房合同、购房发票(或收款收据)、购房人死亡证明书、法定继承人法定文书等资料,向市住建部门申请办理已故购房当事人(合同人)《上市准入意见书》。 2. If both the purchaser (contractor) and the husband and wife died: their legal heirs provide their ID, the original purchaser's purchase contract, the purchase invoice (or receipt), the purchaser's death certificate, the legal heir's legal documents, etc. , Apply to the Municipal Housing and Construction Department for the "Listing Entry Opinion" of the deceased purchaser (contractor).

The legal heir shall apply to the real estate registration department for the transfer, mortgage, and change of the nature of the property according to the law on the basis of the information on the purchase contract, the purchase invoice (or receipt of the purchase receipt), the Permission Letter for Listing, and the legal documents of the deceased purchaser. Wait for registration.

(2) The judgment of the court

法院判决等原因需上市转移房屋的,由房屋获得方提供法定文书和相关资料(判决书、原购房当事人(合同人)购房合同、购房发票(或收款收据)等资料),向市住建部门申请办理原购房当事人(合同人)《上市准入意见书》。 1. If the court needs to transfer the house due to a court decision or other reasons, the house acquirer shall provide statutory documents and related materials (decision, the original purchase party (contractor) purchase contract, purchase invoice (or receipt), etc.) The construction department applied for the "Listing Entry Opinion" of the original purchaser (contractor).

房屋获得方凭购房当事人(合同人)《上市准入意见书》及法定文书等资料,按全产权程序依法向不动产登记部门申请办理房屋转移登记。 2. The house acquirer shall apply to the real estate registration department for housing transfer registration in accordance with the law in accordance with the full property rights procedures on the basis of the materials of the house purchaser (contractor), the Permission Letter for Listing and the legal documents.

(3) For those who have transferred the property right of economically-available housing before obtaining the Opinions on Listing Admission

不予办理《上市准入意见书》。 1. Do not process the "Opinion on Listing Access".

对确需上市交易的,按商品房处理,具体程序为: 2. If it is really necessary to be listed and traded, it shall be handled as a commercial house. The specific procedures are as follows:

1 )《房屋市场价格评估报告》:购房人提供具有评估资质的中介机构出具的《房屋市场价格评估报告》(以下简称《房屋评估报告》),评估基准日期以 2016 7 31 为准。 ( 1 ) "House Market Price Evaluation Report": The buyer provides the "House Market Price Evaluation Report" (hereinafter referred to as "House Evaluation Report") issued by an intermediary agency with evaluation qualifications. The evaluation benchmark date is July 31 , 2016. quasi.

2 )核定补缴款数额:市住建部门按经济适用住房合同总价及《房屋评估报告》价格的差价核定补缴款数额。 ( 2 ) Approved amount of supplementary payment: The municipal housing construction department shall approve the amount of supplementary payment according to the difference between the total price of the affordable housing contract and the price of the "House Evaluation Report".

3 )补缴款:购房人凭市住建部门核定的补缴款通知书到银行交款。 ( 3 ) Supplementary payment: The purchaser pays the payment to the bank with the supplementary payment notice approved by the municipal housing construction department.

4 )领取《上市准入意见书》:购房人凭补缴款凭证向市住建部门领取《上市准入意见书》,取得全产权,准予上市。 ( 4 ) Obtaining the "Opinion on Access to Listing": The purchaser obtains the "Opinion on Access to Listing" from the Municipal Housing and Construction Department with the supplementary payment voucher, obtains the full property rights, and allows the listing.

一个家庭购买两套经济适用住房的,按以下规定办理: (4) If a family purchases two sets of affordable housing, it shall be handled as follows:

两套经房购买时,夫妻双方均系未婚青年的(离异、丧偶除外),按上市程序申请办理《上市准入意见书》。 1. When buying two sets of houses, if both spouses are unmarried young people (except divorced and widowed), they should apply for the "Market Access Advice" in accordance with the listing procedures.

其他原因一个家庭购买两套经房的,购房家庭应主动退出一套经济适用住房,退出房源由市住建部门按原经房购买价回购后,再按上市程序办理另一套经房的《上市准入意见书》。 2. For other reasons, if a family purchases two sets of houses, the home-buying family should voluntarily withdraw from one set of affordable housing. After the house is repurchased by the municipal housing construction department at the original purchase price of the house, another set of housing should be processed according to the listing procedure Jingfang's "Listing Entry Opinion".

其他原因一个家庭购买两套经房,购房家庭退出房源确有困难的,对第二套经房(按时间顺序)补缴款不予优惠。 3. Other reasons If a family purchases two sets of war homes, it is really difficult for the home-purchasing family to withdraw from the house, and the second set of war homes (in chronological order) is not eligible for additional payment. The specific procedures are as follows:

1 )《房屋评估报告》:购房当时人(合同人)提供具有评估资质的中介机构出具的第二套经房的《房屋评估报告》,评估基准日期以第二套经房购房时间为准。 ( 1 ) "House Evaluation Report": The person (contractor) at the time of purchase provides the "House Evaluation Report" for the second set of economic houses issued by an intermediary agency with evaluation qualifications. The benchmark date for evaluation is based on the time of purchase of the second set of economic houses. .

2 )核定补缴款数额:第二套经房补缴土地收益等费用不予优惠,市住建部门按经济适用住房合同总价与《房屋评估报告》价格差额的 20% 2007 9 3 日前 购买的)或 30% 2007 9 3 日后购买的)核定补缴款数额。 ( 2 ) Approved supplementary payment: The second set of land and other land repayment fees are not eligible. The municipal housing construction department will pay 20% of the difference between the total price of the affordable housing contract and the price of the Housing Evaluation Report ( September 2007 ). Purchased before March 3 ) or 30% ( purchased after September 3, 2007 ) approved repayment amount.

3 )补缴款:购房人凭市住建部门核定的补缴款通知书到银行交款。 ( 3 ) Supplementary payment: The purchaser pays the payment to the bank with the supplementary payment notice approved by the municipal housing construction department.

4 )领取《上市准入意见书》:购房人凭补缴款凭证向市住建部门领取第二套经房《上市准入意见书》,取得全产权,准予上市。 ( 4 ) Obtaining the "Opinion on Access to Listing": The purchaser obtains the second set of "Opinion on Access to Listing" from the municipal housing construction department with the supplementary payment voucher, obtains the full property rights, and allows the listing.

5 )上列程序完成后,再按上市程序办理第一套经房的《上市准入意见书》。 ( 5 ) After the procedures listed above are completed, the "Setting Permission Letter for Listing" for the first set of economic houses will be processed in accordance with the listing procedures.

配套经营性房屋补缴土地出让金按下列程序办理: Article 15 The repayment of land transfer fees for supporting business houses shall be handled in accordance with the following procedures:

(I) Application: When the supporting commercial houses in the affordable housing project meet the pre-sale and sales conditions, the project construction unit holds the "State-owned Construction Land Use Right Allocation Decision", "State-owned Land Use Certificate", "Construction Project Planning and Design Plan" (General (Photo), "Construction Land Planning Permit" and other materials applied to the Municipal Natural Resources Department for the procedures for apportioning the land for commercial land and paying land transfer fees.

(II) Land price evaluation and apportionment of land use area: The municipal natural resources department shall, in accordance with the relevant indicators of the “Construction Project Planning and Design Plan” (general plan), approve the land transfer fees payable for the operating houses allocated for the construction and shall Allocate land use area. A qualified land appraisal agency shall be entrusted to evaluate the corresponding land value, and the Land Valuation Report shall be issued after the land valuation is filed and reported. The benchmark date for land price assessment is based on the approval date of the Construction Project Planning and Design Plan (general plan) or the date of the State-owned Construction Land Allocation Decision, and the land use period is calculated based on the date of the original State-owned Construction Land Allocation Decision. The land area to be allocated for the operating houses to be constructed shall be determined by multiplying the total building area of the project in proportion to the total building area of all operating houses.

(3) Verification of land transfer fees: The municipal natural resources department has approved the amount of land transfer fees to be repaid in accordance with relevant national policies and regulations and the Land Valuation Report.

(4) Repayment of land transfer fee: The project construction unit shall repay land transfer fees in accordance with the amount approved by the municipal natural resources department.

(5) Handling land formalities: After the project construction unit pays the land transfer fee, the municipal natural resources department will handle the land transfer and land property rights procedures for the operating houses allocated for it.

(6) Listing transactions: The project construction unit may apply to the real estate registration department for other registration actions based on the land transfer procedures and other statutory procedures of the supporting business houses issued by the municipal natural resources department.

对经济适用住房项目中配套建设的不计容积率指标的非经营性车库,经市自然资源管理部门批准可以调整为经营性房屋的,按本实施细则第十五条补缴土地出让金程序办理。 Article 16 For non-operating garages that are built in economically affordable housing projects and do not count the floor area ratio indicators, and can be adjusted to be operating houses with the approval of the municipal natural resource management department, the land shall be repaid in accordance with Article 15 of these Implementing Rules Gold procedures.

经济适用住房回购,按下列程序办理: Article 17 The repurchase of affordable housing shall be handled in accordance with the following procedures:

(I) Application: The purchaser submits a written application to the municipal housing construction department.

(2) Registration: The purchaser shall register with the municipal housing construction department by holding his identity card, marriage certificate, affordable housing contract, "House Ownership Certificate" or "Real Property Certificate", and fill out the "Zunyi City Government Affordable Housing Repurchase" Application Registration Form.

(3) Verification of property rights: The Municipal Housing and Construction Department verifies the property rights, area, years of purchase, housing funds and maintenance funds, and tax payment of the affordable housing provided by the buyers.

: 回购价格按照原购房合同价格并考虑折旧和物价水平等因素。 (4) The approved repurchase amount : The repurchase price is based on the original contract price of the house and takes into account factors such as depreciation and price levels.

(5) Repurchase contract: The municipal housing construction department signs a repurchase contract with the purchaser.

(6) Payment for check-out: After the contract is signed, the buyer goes through the check-out formalities according to the relevant provisions for the delivery of the house, and the municipal housing construction department pays the repurchase payment based on the check-out formalities.

(7) The taxes and fees arising from the government's repurchase of affordable housing shall be exempted.

资金管理 Chapter V Fund Management

补缴的土地收益和政府优惠费用等价款统一缴入市级国库,专项用于保障性住房建设。 Article 18 The land proceeds and government preferential fees and other equivalent payments shall be uniformly paid into the municipal treasury for special use in the construction of affordable housing.

实行政府回购的,市住建部门与原购房人签订回购协议,政府回购所需资金由财政预算安排,回购的房屋将重新销售给符合保障性住房条件家庭,所销售房款缴入市级国库。 Article 19 In the case of government repurchase, the municipal housing construction department signs a repurchase agreement with the original purchaser. The funds required for government repurchase will be arranged by the financial budget. The repurchased house will be resold to families that meet the conditions of affordable housing. Payment of housing sales is paid into the municipal treasury.

附则 Chapter VI Supplementary Provisions

各县(市)经济适用住房上市交易管理,可参照本实施细则执行。 Article 20 The management of listing transactions of affordable housing in each county (city) may be implemented with reference to these Detailed Rules for Implementation.

本实施细则自发布之日起执行,原有关规定与本实施细则不一致的,以本实施细则为准。 Article 21 These Implementing Rules shall be implemented from the date of promulgation. If the original relevant provisions are inconsistent with these Implementing Rules, these Implementing Rules shall prevail.

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