In order to prevent developers from misappropriating pre-sale supervision funds, another city has taken action.
On August 2, the Dongguan Municipal Bureau of Housing and Urban-Rural Development issued the “Notice on Further Regulating the Management of the Collection, Deposit and Use of Commercial Housing Pre-sale Payments (Draft for Comment)” (hereinafter referred to as the “Notice”). Responsibilities to be performed by the real estate company are clearly stated. If the bank allocates or transfers the supervision funds for the pre-sale of commercial housing without authorization, it shall be responsible for recovering it; before applying for the pre-sale license, the real estate enterprise shall set up a new bank account according to the principle that one pre-sale license corresponds to one supervision account; Specific requirements such as payment of the purchase price through online bank transfer and other methods.
The reporter of “Daily Economic News” noticed that since July, Dongguan, Changsha, Jiujiang, Jingmen and other cities have issued supervision measures for the pre-sale funds of commercial housing. Overall, the optimization of the regulatory policies for the pre-sale funds of commercial housing in various regions is mainly reflected in three aspects: first, linking the fund allocation node with the project progress; second, clarifying the main responsibilities of developers and banks; third, implementing differentiated supervision based on corporate credit ratings .
Strengthen the supervision of pre-sale funds in multiple dimensions
Judging from the notice issued by Dongguan this time, it mainly puts forward requirements from four dimensions: the establishment of a supervisory account, the management of the collection and storage of pre-sale funds, the management of the use of pre-sale funds, and the supervisory responsibilities of pre-sale funds.
The notice mentioned that, in order to prevent the development enterprises from withholding and storing the purchase price, for the projects that have obtained the pre-sale license of commercial housing, the purchaser shall, according to the information of the “House Payment Notice” generated by the pre-sale fund supervision system, pass the associated pre-sale funds. The POS machine swiping card, bank counter transfer, online bank transfer and other methods of the supervision system will directly deposit the purchase price into the pre-sale fund supervision sub-account of the commercial house of the corresponding house.
The notice also clearly explained the use authority and supervision of the pre-sale funds. The funds within the supervision limit shall be earmarked for the exclusive use. Before the first registration of the ownership of the commercial housing project is completed, the commercial bank shall not deduct it without authorization. For the real estate development enterprise that has established a subsidiary, the group company shall not transfer it, and it can only be used to purchase the necessary materials for the construction of the project. Construction materials, equipment and payment of construction progress and statutory taxes for project construction.
It is worth mentioning that the notice also clearly stated the responsibility of banks to supervise pre-sale funds. If a commercial bank violates the tripartite supervision agreement on pre-sale funds and allocates or transfers funds within the supervision limit without the verification and consent of the housing and construction department, it shall be responsible for recovering the funds; if it cannot be recovered, it shall bear the corresponding liability for compensation according to law.
Return to the proper regulatory framework
“Dongguan’s policy as a whole involves a comprehensive range of dimensions, including account establishment, process use, supervision responsibilities, etc., which also reflects the local determination to supervise pre-sale funds.” On the afternoon of August 3, the Think Tank Center of E-House Research Institute Yan Yuejin, research director, told the “Daily Economic News” reporter through WeChat that Dongguan’s policy is similar to the general tone of the country, but relatively speaking, Dongguan’s introduction to the policy is more comprehensive and detailed, and the business operations and norms of all parties in the second half of this year are Sex has been explained, with stronger guidance.
In Yan Yuejin’s view, although a series of property market support policies have been introduced this year, under the relaxed tone, the standardization of pre-sale funds is still guaranteed, and the essence is to prevent unfinished risks. There are also some bright spots in the Dongguan policy this time, such as the need to take part of the funds from the supervision funds as the construction deposit, indicating that the project construction process is the focus of its attention.
“Dongguan’s policy rules are relatively comprehensive as a whole, and are worthy of reference and learning from other cities across the country.” Yan Yuejin said that the future trend of pre-sale fund supervision across the country must be stricter supervision, and the transparency will become more and more Gao, also sent a signal to the market that the property market policy can be relaxed, but with regard to the issue of funds, the places that should be regulated must be regulated, and those that should be strict must also be strict.
On the afternoon of August 3, Li Yujia, chief researcher of the Housing Policy Research Center of the Guangdong Provincial Planning Institute, told the “Daily Economic News” reporter through WeChat, “This Dongguan policy has two attractive points. The second is to increase the transparency of pre-sale funds.”
In Li Yujia’s view, a very important factor in the misappropriation of pre-sale regulatory funds in the past is that the main responsibilities of developers and banks have not been fully fulfilled. The current operation in Dongguan is to clarify the responsibilities of both parties, to match the amount and proportion of fund withdrawal with the project progress, and to clarify the bank’s supervision responsibility for the pre-sale account. .
Li Yujia believes that the strengthening of supervision does not mean tightening, but a return to the original regulatory framework. In general, what should be withdrawn must be withdrawn, not as now, all parties are protecting their rights and interests, resulting in some funds that cannot be withdrawn for the project; what should be reserved must be reserved, and cannot be withdrawn casually, let alone set aside. Pick.
“Dongguan’s policy also mentioned the publication of the supervision agreement and the incorporation of the illegal housing enterprises into the integrity management system, etc. These policies have obvious reference significance for other cities.” In Li Yujia’s view, for illegal misappropriation of pre-sale funds Violating real estate enterprises can also strengthen the punishment of illegal real estate enterprises by restricting the acquisition of land in the local area and restricting financing.
Source of cover image: Photo Network-501142606