广东省商品房预售管理条例（修正） Guangdong Province, Administration of Pre-sale of Commodity Premises Regulations (R

(Promulgated by the Standing Committee of the Guangdong Provincial People's Government on 22 August 1998, revised according to the Amending the Decision on 14 October 2000 and effective as of the date of promulgation.)
颁布日期：20001014 　实施日期：20001014 　颁布单位：广东省人大常委会

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Regulations are formulated in accordance with the PRC, Administration of Urban Real Property Law and relevant laws and regulations and on the basis of the real situation in this province, in order to strengthen administration of the pre-sale of commodity premises, to safeguard the legal rights and interests of pre-sellers and pre-purchasers, and to promote the healthy development of the real property industry.

　　Article 2　For the purposes of these Regulations, the pre-sale of commodity premises shall refer to the sale in accordance with the law by a legally established real property development enterprise of commodity premises to be developed by it prior to completion and acceptance in which the pre-purchaser shall pay a purchase sum for the property in accordance with the contract and the pre-seller shall deliver the commodity premises in accordance with the contract.

　　For the purposes of these Regulations, pre-seller shall be the real property development and operation enterprise that pre-sells the commodity premises.

　　For the purposes of these Regulations, pre-purchaser shall refer to the work unit or individual that purchases the pre-sale commodity premises.

　　Article 3　These Regulations apply to pre-sale, and administration thereof, of legally developed commodity premises within the administrative region of Guangdong Province.

　　Article 4　The Provincial People's Government administrative department in charge of construction and the municipal and county People's Government administrative departments in charge of construction or departments of real property administration (hereafter, "the departments in charge") shall be responsible for the administration of the pre-sale of commodity premises and organizing the implementation of these Regulations within their administrative regions.

　　Other relevant administrative government departments shall only carry out tasks for the administration of the pre-sale of real property within the limits of their respective duties.

　　Article 5　The pre-sale of commodity premises shall abide by the principle of fairness, honesty and trustworthiness.

　　PART TWO　ADMINISTRATION OF COMMODITY PREMISES PRE-SALE PROJECTS

　　Article 6　A Commodity Premises Pre-sale Licence shall be obtained when pre-selling commodity premises. To obtain the Commodity Premises Pre-sale Licence the following conditions shall be fulfilled:

　　1. the pre-seller has already obtained a real property development qualification certificate and a business licence;

　　2. the leaseholds grant fee has been paid in accordance with the relevant provisions of the land administration department and a leaseholds certificate has already been obtained;

　　3. a construction planning licence and construction works licence are held and the construction quality and safety monitoring procedures have been carried out;

　　4. the work schedule, time of completion and time of delivery for use have been set;

　　5. the foundations and structure of commodity premises of not more than three storeys have been completed. In the case of commodity premises of not less than four storeys, if the premises have a basement, the foundations and first storey structure have been completed; if the premises do not have a basement, the foundations and structure of four storeys have been completed;

　　6. a special property pre-sale account has been opened with a commercial bank in the place where the project is located;

　　7. the commodity premises pre-sale project and its leaseholds are free from th

ird party rights; and

　　8. any other conditions stipulated in laws and regulations.

　　The provincial administrative department in charge of construction may, according to the supply and demand conditions of the market, make adjustments to the image and progress of the commodity premises pre-sale project and implement such adjustments upon approval of the provincial people's government, provided that they are not lower than the conditions stipulated in Item (5) in the preceding paragraph.

　　Article 7　The pre-seller shall apply to the department-in-charge for a Commodity Premises Pre-sale Licence for each phase or for each single project.

　　On receiving an application the department in charge shall verify the project in accordance with the pre-sale conditions stipulated in these Regulations and, within 15 days of receiving the application, shall issue a Commodity Premises Pre-sale Licence to those projects which fulfil the conditions or, for projects which do not fulfil the conditions, notify the applicant in writing giving the reason(s) why the licence is not issued.

　　The Commodity Premises Pre-sale Licence shall state clearly the pre-seller's name and the location, building number, number of storeys and floor area of the commodity Premises for pre-sale. A plan showing clearly the location and building number of the commodity premises for pre-sale should be attached.

　　Article 8　When the department in charge issues the Commodity Premises Pre-sale Licence it shall ask the pre-seller to provide information such as the construction schedule, investment plan and source of funding, etc. and through on-site inspection and analysis verify that the date for completion of construction of the project and delivery for use is reasonable. If the department-in-charge can prove that the date is not reasonable it shall order the pre-seller to amend it.

　　Article 9　A pre-seller may not create third party rights over a commodity premises project or its leaseholds prior to completion, verification as up-to-standard and delivery for use of a pre-sold commodity premises.

　　Article 10　A pre-seller must not change without authorization the design of commodity premises which have already been pre-sold. When changing the building structure, apartment structure, use, function, usable area or the design of other items agreed upon in the contract, the agreement of the relevant pre-purchaser must be obtained. If the pre-purchaser does not agree to the changes and the two sides cannot reach agreement on compensation through negotiation, the pre-purchaser can demand the return of the pre-sale payment already paid with interest thereon and can in accordance with the contract agreement claim liquidated damages from the pre-seller. If no liquidated damages have been agreed upon in the contract, the pre-purchaser may in accordance with the law claim liquidated damages at not less than 10% and not more than 20% of the pre-sale payment already paid.

　　Article 11　If the pre-seller transfers an already pre-sold commodity premises project for development and construction by another real property development enterprise, it shall obtain the agreement of the pre-purchasers holding not less than two-thirds of the floor area of the pre-sold commodity premises.

　　The party to which the pre-sale commodity premises project is transferred must be a real property development and operation enterprise established in accordance with the law and with the required grade of qualifications.

　　Article 12　Where a pre-sale commodity premises is transferred, the transferee shall enjoy the rights of the original pre-seller with regard to the pre-purchasers, and undertake the obligations undertaken by the original pre-seller with regard to the pre-purchasers.

　　Article 13　The transferee should submit the following documents to the department which issued the Commodity Premises Pre-sale Licence

within 30 days of signing the project transfer contract with the pre-seller, in order to change the Licence:

　　1. the commodity premises project transfer contract;

　　2. the original commodity premises pre-sale licence;

　　3. the relevant documents agreeing to the change from departments such as the land administration and urban planning departments;

　　4. the real property development qualification certificate of the transferee;

　　5. the pre-sale property special account opened with a commercial bank in the place where the project is located; and

　　6. other conditions and supporting materials as specified by laws and regulations.

　　In the case of projects which fulfil the conditions the department-in-charge shall amend the Commodity Premises Pre-sale Licence within 15 days of receiving the application.

　　The pre-seller shall cease to pre-sell commodity premises from the date on which the project transfer contract is signed. The transferee must not pre-sell commodity premises until it has exchanged the Commodity Premises Pre-sale Licence.

　　Article 14　Municipal and county-level departments in charge shall follow and supervise the progress of projects for which a Commodity Premises Pre-sale Licence has been issued. If problems are discovered they shall order the pre-seller to rectify the problems within a time limit.

　　Article 15　Once a pre-sold commodity premises project is completed the department-in-charge shall organize verification of the completed work in accordance with the provisions of laws and regulations. The premises can only be delivered to the pre-purchaser for use once it has been verified as up-to-standard.

　　Article 16　Municipal and county-level departments in charge shall set up and publicize pre-sale com

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