城市房地产开发经营管理条例 Regulations on Urban Real Estate Development and Management Control

le an application for acceptance checks on completion of construction at the competent department of real estate development of local people's government at or above the county level of the locality wherein the project is located. The competent department of real estate development should, within 30 days starting from the date of receipt of the application for acceptance checks on completion of construction, organize the departments or units concerned of project quality supervision, planning, fire prevention and people's air defense to carry out acceptance checks on contents involving public security.

　　Article 18 Comprehensive acceptance checks should be carried out for cluster real estate development projects like residential areas on completion pursuant to the provisions of Article 17 of these Regulations and the following requirements:

　　(1)the state of implementation of the design criteria of urban planning;

　　(2)the state of construction of matching infrastructure and public facilities as required by urban planning;

　　(3)the state of acceptance checks of project quality of single projects;

　　(4)the state of implementation of schemes of dismantling, moving and resettlement; and

　　(5)the state of implementation of property management.

　　Where a cluster real estate development project like a residential area the development of which is undertaken in phases, acceptance checks may be carried out in phases.

　　Article 19 A real estate development enterprise should record the major particulars in the process of construction of the real estate development project in the manuals of real estate development project and despatch them to the competent department of real estate development at regular intervals for the record.

　　Chapter IV Real Estate Management

　　Article 20 Transfer of a real estate development project should conform to the conditions prescribed in Articles 38 and 39 of the<

　　Article 21 For the transfer of a real estate development project, the transferor and the transferee should, within 30 days starting from the date of comp

letion of the formalities of the change in registration of land use right, go to the competent department of real estate development with the contract on the transfer of the real estate development project for the record.

　　Article 22 When transferring a real estate development project, a real estate development enterprise has not completed compensated resettlement for dismantling and moving, the related rights and obligations contained in the original contract of compensated resettlement for dismantling and moving shall be transferred to the transferee. The transferor of the project should notify the person whose house is to be dismantled and who is to move in writing.

　　Article 23 Sale in advance of commodity housing by a real estate development enterprise should meet the following conditions:

　　(1)total amount of land use right transfer money has been paid and certificate of land use right obtained;

　　(2)it holds a permit of construction project planning and a construction permit;

　　(3)input of capital for development and construction reaches over 25% of the total investment in project construction on the basis of calculation of the sale in advance of commodity housing provided, and construction progress and dates of completion of construction and delivery have been determined; and

　　(4)registration for sale in advance has been completed with the obtainment of permit for sale in advance of commodity housing.

　　Article 24 A real estate development enterprise that applies for the registration for the sale in advance of commodity housing should present the following documents:

　　(1)certification materials prescribed in Sections (1) to (3) of Article 23 of these Regulations;

　　(2)business license and certificate of human quality grade;

　　(3)the project construction contract;

　　(4)floor chart of commodity housing for sale in advance; and

　　(5)proposal for sale in advance of the commodity housing.

　　Article 25 The competent department of real estate development should, within 10 days starting from the date of receipt of an application for the sale in advance of commodity housing, make a reply agreeing to the sale in advance or not agreeing to the sale in advance. Where approval for the sale in advance has been granted, a license for the sale in advance of commodity housing should be issued; reasons should be explained for non-approval of the sale in advance.

　　Article 26 No real estate development enterprise shall carry false advertisement and publicity, advertisement for the sale in advance of commodity housing should carry the number of the license for the sale in advance of commodity housing.

　　Article 27 A real estate development enterprise should, in selling in advance of commodity housing, show the purchaser in advance the license for the sale in advance of commodity housing.

　　A real estate development enterprise should, within 30 day a starting from the date of signing of the contract on the sale in advance of the commodity housing, go to the competent department of real estate development and the department in charge of land administration of the people's government at or above the county level of the locality wherein the commodity housing is located for the record.

　　Article 28 The parties interested should sign a written contract for the sale of commodity housing. The contract should carry the construction area and floor area of commodity housing, price, date of delivery, quality requirements, mode of property management as well as liabilities of both parties in the event of violation of the contract.

　　Article 29 A real estate development enterprise that entrusts an intermediary agency for the sale of commodity housing should issue a letter of authority to the intermediary agency. The intermediary agency should, when selling commodity housing, show the purchaser of commodity h

ousing relevant certificate of the commodity housing and the letter of authority for the sale of commodity housing.

　　Article 30 Transfer of a real estate development project and sales price of commodity housing shall be decided upon through consultation by the parties interested; however, the price of residential housing enjoying preferential policy of the state should follow the government guiding price or government set price.

　　Article 31 A real estate development enterprise should, when delivering the commodity housing for use, provide the purchaser with the residence quality guaranty and instructions for residence use.

　　Residence quality guaranty should list such contents as the quality grade, scope of maintenance and repair, duration of maintenance and repair and maintenance and repair unit as verified and inspected by the project quality supervision unit. The real estate development enterprise should, pursuant to the agreement in the residence quality guaranty, undertake the responsibility of maintenance and repair of commodity housing.

　　Where loss to the purchaser has been caused due to the maintenance and repair of commodity housing by the real estate development enterprise resulting in adverse impact on the original function of the house within the duration of maintenance and repair, the enterprise should bear the liability of compensation in accordance with law.

　　Article 32 A purchaser may apply to a project quality supervision unit for re-verification and re-inspection upon the delivery for use of commodity housing if he/she deems the quality of its main body structure is not up to the standards. The purchaser has the right to return the house when the quality of its main body structure is found not up to the standards upon verification and inspection; where loss has been caused to the purchaser, the real estate development enterprise should bear the liability of compensation in accordance with law.

　　Article 33 A purchaser of commodity housing for sale in advance should, within 90 days starting from the date of delivery for use of commodity housing, go through the formalities of change in registration of land use right and registration of housing ownership; a purchaser of commodity housing for cash sale should, within 90 days starting from the date of signing of the sale contract, go through the formalities of change in registration of land use right and registration of housing ownership. The real estate development enterprise should assist the purchaser of commodity housing in going through the formalities of change in registration of land use right and registration of housing ownership and provide necessary certification documents.

　　Chapter V Legal Liability

　　Article 34 Whoever engages in real estate development and management on his/her own without the obtainment of a business license in violation of the provisions of these Regulations shall be ordered by the department of industry and commerce administration of people's government at or above the county level to stop such real estate development and management activities, confisticated of the illegal gains, and may concurrently by imposed a fine less than five times of the illegal gains.

　　Article 35 Whoever engages in real estate development and management without the obtainment of the human quality grade certificate or beyond the human quality grade in violation of the provisions of these Regulations shall be ordered by the competent department of real estate development of people's government at or above the county level to make a rectification within the specified time period, and impose

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