Reporter survey: Where should the pre -sale system of commercial housing go?

One month, Zhang Wen (a pseudonym) working in Beijing is about to get the key to his new house. For this house, she has been waiting for more than two years. "I bought a housing room. Although the house was delivered in the later two years, compared with the same area of ​​the same area, the house was less than 300,000 yuan, and it felt quite cost -effective." She said.

The reporter of the "rule of law" reporters recently visited multiple real estate agencies and salespersons in Beijing to learn that most of the real estate they sold in the sale were housing, and the existing houses and quasi -current houses accounted for only a few.

It is understood that at present, houses that cannot be delivered and have not yet obtained, and houses that have not obtained a house property right certificate are called time -imed houses. This method of sales during the sales period is a pre -sale system for commercial housing, which is an important system in my country's real estate market.

According to the requirements of laws and regulations, pre -sale of commercial housing needs to meet two conditions: first, developers have obtained the "four certificates", that is, the land use right certificate, construction engineering planning permit, construction permit and pre -sale permit for commercial housing; second, the project progress has reached the standard standard That is, more than 25%of the funds invested in development and construction have reached more than 25%of the total investment of the project.

Recently, all sectors of society have conducted a warm discussion on the pre -sale system of commercial housing. In some people's opinion, the pre -sale system is no longer suitable for the current stage of economic and social development, such as unilateral unfairness to buyers, risks that the home buyers can bear the house that cannot be delivered, etc., and call for cancellation. It is necessary to solve problems such as pre -sale funds.

So,

How to understand the pre -sale system of commercial housing,

How to reform and improve this system?

The reporter interviewed many industry experts.

The price of the housing house is relatively low

Reduce the burden of buying a house

In 2009, Zhang Wen entered a public institution after graduating from a university in Beijing. After several years of accumulation, in mid -2020, she decided to buy a house in Beijing. After researching the market and field viewing, she considers her purchase of commercial housing (limited house prices and land prices) based on her economic conditions.

After comparing several restricted houses in Daxing District, Beijing, Zhang Wen chose the latest real estate in the house. In her opinion, the biggest advantage of this real estate is the cheap total house model, 35%of the total down payment total house, loan of 1.9 million yuan, a loan period of 25 years, and a monthly repayment of 11329 yuan.

Like Zhang Wen, Wang Haiyan (pseudonym), a resident of Jizhou District, Tianjin, also chose to buy a period, but she was a second house to improve the living conditions.

After watching the house, she selected a house near the West Ring Road of Jizhou District, and delivered the house in September 2023. As a worker, she did not have much salary, and she could only choose to buy a house to exchange time for housing prices.

"The final house is cheaper than the tail house and the quasi -housing, and there are still discounts on the day of buying a house." Wang Haiyan said. In the end, she bought a house of more than 90 square meters at a price of 930,000 yuan, with a down payment of about 570,000 yuan, a loan of 360,000 yuan, a loan period of 9 years, and a monthly repayment of about 4,800 yuan.

In Zhang Wen and Wang Haiyan, the pre -sale system of commercial housing has a certain positive significance for buyers, because the purchase of the house can save them a lot of money. As for the risks that may exist, they don't think much.

Pre -sale system highlights insufficient

As a result, many problems occur

The pre -sale system for commercial housing has been established for nearly 30 years.

In July 1994, the Urban Real Estate Management Law was reviewed and approved, and the pre -sale system of commercial housing was established to make principled regulations on pre -sale conditions and supervision. In August 2007, August 2009, and August 2019, the law was revised three times. The current real estate management law of the current urban real estate is clear: the money obtained by the pre -sale of commercial housing must be used for relevant engineering construction.

In order to implement the pre -sale system of commercial housing, the former Ministry of Construction issued the management measures for pre -sale of commercial housing in urban commercial housing in November 1994, and was revised in August 2001 and July 2004.

Experts interviewed agreed that the pre -sale system of commercial housing played a positive role in promoting real estate development and urbanization construction. However, as the real estate market became improved, the insufficient pre -sale system for commercial housing gradually became prominent.

Zhao Xiuchi, a professor at the Institute of Economic and Social Development, Capital University of Economics and Trade, and vice chairman and secretary -general of the Beijing Real Estate Law Society, believes that there is a reasonable pre -sale system for commercial housing. Time distance, so the pre -sale price is often cheaper than buying an existing house, allowing many buyers to buy their favorite housing at relatively low house prices; the pre -sale system provides developers with a low -cost financing method, which is also conducive to the stability of housing prices to a certain extent. Essence

Meng Lina, a senior partner of Beijing Kangda Law Firm, said that the pre -sale system of commercial housing has solved the problems such as insufficient funds of some real estate development enterprises and helping to promote the process of urbanization.

"But the pre -sale system also leads to a certain extent that the threshold for real estate development enterprises is too low, and the requirements for their funds, strength, and technology are not high. Measures, etc., the laws and regulations on pre -sale conditions, pre -sale funds for commercial housing, and regulatory market standards are not yet perfect, and cannot completely ensure transaction security. "Meng Lina said.

In practice, the planning and design commitments of some real estate development enterprises during the pre -sale did not fully fulfill, the buyers found that the quality problems of various houses were found after receiving the house, and the payment was unable to handle the permit after the mortgagee refused to be filed.

In the perspective of Sun Jianrong, a senior partner of Beijing Deheng (Suzhou) Law Firm, who has been engaged in real estate legal services for 15 years, the purpose of the pre -sale system of commercial housing is to solve the problem of development funds for real estate companies. The development of the real estate industry and the construction of urban commercial housing, pre -sale of commercial housing can also be seen as a financing method of developers. "At present, the financial attributes of the pre -sale system of commercial housing are getting stronger and stronger, but the corresponding supporting supervision measures have not been established or have not been implemented well, which has caused many problems." Sun Jianrong said that the current commercial houses are currently commercial housing. The main problem with the pre -sale system is the lack of pre -sale funds. In some places, the supervision of pre -sale funds is relatively relaxed, which may be misappropriated by developers, causing subsequent stagnation of commercial houses.

Zou Linhua analyzed Zou Linhua, the leader of the Housing Big Data Project Team of the Chinese Academy of Social Sciences, analyzed that the housing housing buying and selling generally required the owner to pay the down payment within a certain period of reservation and start applying for the remaining amount of the loan payment. After the purchase of the room, all payments are required. This is close to the upgraded version of "fundraising and building a house", mainly to raise construction funds, and use personal credit for home buyers to increase leverage financing for the development session. Various risks are mainly borne by buyers.

"Under the current pre -sale system of the housing housing, buyers are facing at least delayed delivery and rotten risks, that is, developers may use the purchase funds to be used for him in order to roll development, and the limited power of some local government regulators is difficult to achieve effective supervision. As a result, the risk of delay and rotten risk is not conducive to the healthy development of the market. "Zou Linhua said.

Reform and improve the pre -sale system

Condition and pushing the current sales system

On the one hand, it is a positive significance, on the one hand, it is a risk. Where should the pre -sale system in my country's commercial housing go from?

Some experts suggested to cancel the pre -sale system of the commercial housing and directly implement the sales of existing housing. The reason is that under the pre -sale system, the buyers almost bear the risks that they cannot be delivered by almost all the goods; from the perspective of the industry, the pre -sale system promotes some housing companies to excess debts and high leverage expansion, which can easily cause funding chain breaks, project shelving, etc. A series of risks; from the financial perspective, banks will be the issuer of mortgage loans. Once the housing enterprise is fluctuated or operated in good operation, it will face greater pressure on bad debt.

Some experts have suggested that the cancellation of the current pre -sale system can increase the proportion of developers' own funds and reduce the risk of bank loans; it can inhibit excessive investment in the real estate market and squeeze the economic bubble.

Some experts believe that the current pre -sale system of commercial housing has caused some problems, mainly due to the problem of fund supervision. The pre -sale system of the commercial housing is not the optimal option, but it should be based on protecting the rights and interests of buyers, and this system should be reformed and improved.

"There is no problem with the pre -sale system, and it should not be canceled, but it is necessary to prevent problems before. I hope that the relevant departments will promptly issue corresponding regulations and policies on the loan of postponed houses. Until the delivery; if the house has not been paid, all the loans will be borne by the developer. "Zhao Xiuchi said.

In Zou Linhua's opinion, at present, "housing does not speculate" has become the basic starting point and consensus of housing policy, and all localities and departments are actively building a long -term mechanism for the real estate market. Under the new situation, promoting the reform of the pre -sale system for the housing housing will help to implement the strategy of "housing and not frying", and it is more conducive to improving the sales system and protecting the legitimate rights and interests of buyers. Essence

He believes that because the development of my country's housing market is still unbalanced, the reform of the pre -sale system of housing needs to be adapted to local conditions and stable advancement. It is not advisable to cut it. Castered cities can promote the current sales. At the same time, it is explored to provide alternative financing channels for real estate development. Support, etc.

"For cities that do not have the current sales, the reform can still be pre -sale. At the same time, the reform of key links can be promoted to make pre -sale of pre -sale in the pre -sale or installment payment of the mature market. Zou Linhua said.

In terms of specific measures, he suggested: Promoting the transformation of pre -sale funds from administrative supervision to market -oriented supervision, providing supervision and negative liability for market -oriented regulatory agencies; The upper limit of the time to the house, increase the proportion of capital investment and clearly invest, and require the development enterprise to provide reliable third -party guarantees on the house on time; change the incomplete status of the two parties to buy and sell, such as reducing the payment ratio before the delivery of the housing house, extend the time limit for payment, provide provides providing provision Repent to check out before delivery to reduce the risk of home buyers.

Meng Lina proposed that, under the spirit of the central government's "housing and not frying", from the perspective of maintaining the fairness of the transaction, the administrative department should continue to improve the pre -sale system of commercial housing, improve the pre -sale permit conditions, and strengthen the pre -sale fund supervision and insurance system. From the legislation to ensure the property rights of the buyer, fully consider the balance of rights and obligations of all parties in the mortgage loan model; implement the current sales system for commercial housing under the condition of mature conditions.

Introduce fund supervision measures

Adjust the purchase payment model

Sun Jianrong believes that under the reality background where the pre -sale system of commercial housing will continue to exist, it can be adjusted and improved from the following four aspects.

Accelerate the formulation of pre -sale funds for urban commercial housing at the national level. Although the Ministry of Housing and Urban -Rural Development, the People's Bank of China, and the Banking Insurance Regulatory Commission jointly issued the "Opinions on Regulating the Pre -sale of Fund Fund for Commercial Housing" on January 29, 2022, this opinion is only a standardized document. Low. In view of the significant influence of the real estate industry in Bao people's livelihood, the supervision system of pre -sale funds for commercial housing as the supporting system of the "Administrative Measures for Pre -sale of commercial housing", it should still be clarified by formulating legislative forms such as departmental rules and regulations, thereby Fund supervision forms a unified upper -level regulations, providing a unified reference and standards for pre -sale funds supervision in various places. While making up for the absence of regulatory supervision, it is corrected to over -supervision, clearly supervised the subject in the form of legislation, and regulates the entire process of pre -sale fund supervision. The payment and expenditure mechanism of pre -sale funds will be achieved to achieve special funds; clarify the illegal acts of developing enterprises, and determine the standard and scope of punishment. Accelerate the revision of the pre -sale management measures for urban commercial housing to improve the threshold for pre -sale of commercial housing. If the proportion of investment development and construction funds in total investment in engineering construction (currently 25 %) or increase relevant regulations on the progress of engineering image, etc., to improve the overall quality of developing enterprises in the industry; The mechanism and the information disclosure mechanism of pre -sale projects to avoid losses caused by the opaque and asymmetric information.

Implement the supervision responsibilities of relevant units or departments, and strengthen the government's role in pre -sale funds. Clarify the responsibility of the bank's pre -sale funds and expenditure links. For banks that have violated operations, the industries can be punished within a certain period of time; The sharing of information and resources enables the supervisory entity to grasp the payment and withdrawal of the pre -sale funds in real time, and timely investigate and deal with illegal acts such as illegal regulations such as regulatory funds.

"It is recommended to adjust the payment model of house purchase funds. The existing model becomes the model of paying the house buyer in accordance with the engineering progress installment, that is, after the project investment or engineering image progress reaches a certain standard, the purchase payment payment shall be paid in installments according to the project schedule stipulated in the project agreed project; For buyers who apply for bank loans, subsequent mortgage loans are gradually issued by banks based on the project agreed by the purchase contract. "Sun Jianrong said.

Author ｜ Rule of Law Daily All Media Reporter Chen Lei

Source ｜ Rule of Law Daily

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