New Regulation of Nanjing Property Market: Market-oriented Rental Housing Cant be Transferred and Mortgaged Separately

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 New Regulation of Nanjing Property Market: Market-oriented Rental Housing Cant be Transferred and Mortgaged Separately


China Net Finance and Economics September 10, according to the Nanjing Municipal Government website news, the Nanjing Municipal Government recently issued the Nanjing City Market Rental Housing Construction Management Measures (hereinafter referred to as Measures). The measures came into effect on October 10, 2019, and are valid for two years. The Measures stipulate that the construction of rental housing adheres to the principles of government guidance, market operation, safety and comfort. No segmented transfer or mortgage shall be allowed after completion; no alteration of the lease purpose shall be allowed if the overall transfer or mortgage is approved.

The following is the original text:

Circular of the Municipal Government on Publishing and Issuing Measures for the Construction and Management of Market-oriented Rental Housing in Nanjing

Peoples governments of all districts, municipal commissions, bureaus and municipal units directly under the municipal government:

Now the Nanjing City Market-oriented Rental Housing Construction Management Measures will be issued to you, please conscientiously follow the implementation.

Nanjing Municipal Peoples Government

September 3, 2019

(This is published publicly)

Management Measures for Construction of Market-oriented Rental Housing in Nanjing

general provisions

Article 1 In order to further strengthen the management of rental housing construction, in accordance with Several Opinions on Accelerating the Cultivation and Development of the Housing Rental Market (No. 39 issued by the State Office), Notice on Accelerating the Development of the Housing Rental Market in Large and Medium-sized Cities with Net Population Influences (No. 153 for Building Housing), Municipal Governments Issue of Nanjing City Project These Measures are formulated in light of the actual situation of the city in accordance with the provisions of the Notice of the Pilot Implementation Plan for the Reform of the Examination and Approval System of Construction Projects (No. 128 of Ningzhengfa).

Article 2 The term market-oriented rental housing as mentioned in these Measures refers to newly-built or rebuilt houses that are operated by the market, invested by enterprises and institutions and used for rental, excluding public rental housing, low-rent housing and other rental housing prepared by the government.

Newly built houses refer to leased houses built with newly leased commercial land, inefficient land, private land of enterprises and institutions, and collective construction land. Renovation of houses refers to leased houses that are renovated according to regulations for qualified stock houses.

Article 3 These Measures shall apply to the planning, construction and supervision and management of market-oriented rental housing in the administrative areas of this Municipality.

Article 4 Rental housing construction adheres to the principles of government guidance, market operation, safety and comfort. No segmented transfer or mortgage shall be allowed after completion; no alteration of the lease purpose shall be allowed if the overall transfer or mortgage is approved.

Article 5 In accordance with economic and social development, industrial development and housing rental needs, the administrative committee of Jiangbei New Area, the district governments and municipal state-owned enterprises shall prepare the next years rental housing construction (including new construction and reconstruction) plan in November each year. After co-ordination by the municipal real estate department with other relevant departments, such as development and reform, planning resources, ecological environment and state-owned assets, etc. Report to the municipal government for approval and implementation. Rental housing projects in the annual implementation plan of urban inefficient land redevelopment approved by the municipal government and pilot construction of collective land rental housing projects are simultaneously incorporated into the annual rental housing construction plan of the project area.

Land and houses that do not meet the requirements of environmental protection and safety, industrial houses that are not included in the special plan for inefficient land use and the annual implementation plan shall not be included in the annual rental housing construction plan.

Article 6 The municipal real estate department shall build a supervision platform for housing rental service, which shall be used for the management of rental housing business, information statistics and ownership verification, market monitoring, etc. The District real estate department urges and guides the unified integration of rental housing projects into the platform management, and handles the procedures of lease contract online signing and filing.

Article 7 The Leading Group of the City for Promoting the Stable and Healthy Development of the Real Estate Market shall be responsible for coordinating the planning, construction, management and policy formulation of rental housing as a whole.

The municipal real estate department takes the lead in organizing and formulating relevant policies for rental housing management, organizing the Jiangbei New District Management Committee and the district governments (park management committee) to prepare annual construction plans for rental housing, and checking relevant information on rental housing construction when examining and approving sales procedures involving competitive construction and supporting construction rental housing projects.

The Administrative Committee of Jiangbei New Area, the district government (the Administrative Committee of the park) and the municipal state-owned enterprises are the main bodies responsible for the management of rental housing construction. According to the needs of rental housing, the construction plan of rental housing is worked out, and the supervision and management of construction and rent monitoring are strengthened. The District real estate (housing) department should do a good job in the management of rental housing construction.

The development and reform department (administrative examination and approval department) takes the lead in the project establishment.

The planning resources department is responsible for project planning, land formalities, real estate registration, etc. It is responsible for incorporating the contents of rental housing resources for land transfer construction such as non-separable transfer, non-separable mortgage into the annexes of land transfer contracts or land use approval documents, and is responsible for taking the lead in implementing the utilization of collective construction land and inefficient production. Rental housing for industrial land construction.

The competent construction department is responsible for the supervision and inspection of Engineering quality, construction safety and the examination of construction drawings (fire protection design documents), and takes the lead in joint acceptance and acceptance.

Emergency management departments and fire rescue agencies are responsible for supervising, guiding and assisting relevant units in publicizing and educating fire safety of rental housing. Fire rescue agencies supervise and inspect the compliance of rental housing units with fire laws and regulations according to law.

The Municipal State-owned Enterprises are responsible for organizing the Municipal State-owned Enterprises to draw up the annual construction plan for rental housing.

Other departments should do a good job in rental housing construction management according to their own functions.

Chapter II State-owned Land Construction

Article 8 The construction of state-owned land includes the use of land for business purposes, land for low efficiency and land owned by enterprises and institutions for rental housing.

Article 9 Where rental housing is constructed entirely with commercial land, or rental housing is constructed by means of competitive construction and supporting construction, the ownership of the house shall be registered in accordance with the agreement of the land transfer contract after completion.

The rental housing for competitive construction and supporting construction shall be the smallest unit of the whole building, the whole unit or the whole floor. Less than one unit or one floor shall be centrally arranged in the same unit or the same floor. In principle, small and medium-sized households shall be the main type. If a construction project is to be built by stages, the leased housing shall, in principle, be completed in the first phase of construction.

Article 10 With the approval of a qualified industrial park, the area used for supporting construction of administrative office and living service facilities in industrial projects in the park can be increased from 7% to 15% of the total land area of the project. The construction of collective dormitories and staff dormitories should be emphasized, and they should be leased to the staff and workers of the park for residence. The nature of the original land must not be changed, nor can they be transferred or not be transferred. Section mortgage.

If the low-efficiency industrial land is redeveloped into commercial clothing projects by means of agreement transfer, it is allowed to allocate no more than 30% of hotel-style apartments as rental housing according to the planning requirements, which are owned by enterprises for rental, and can not be transferred or mortgaged separately.

Article 11 On the premise that the state-owned land owned by enterprises and institutions meets the requirements of urban planning, the municipal government may adopt the method of one matter, one discussion to study and incorporate it into the annual rental housing construction plan.

Article 12 The construction of new leased housing projects shall go through the procedures of land planning permission, construction planning permission, construction permission and completion acceptance according to law. In accordance with the following procedures:

(1) To deal with the planning and approval of land for project establishment, this stage is divided into three items: project establishment, pre-examination of land use (if involved), and planning and approval of construction land.

1. For projects that acquire the right to use land by way of transfer, the construction unit shall apply to the comprehensive service window for project registration, approval of the planning license for construction land (if involved), and pre-approval opinions for land use (if involved), which shall be accepted by the planning and resources department.

2. For projects using their own construction land, the construction unit shall apply to the comprehensive service window for project registration, construction land planning license (to increase the volume ratio) or planning conditions (not to increase the volume ratio) for the approval of the construction project, and the planning resource department shall take the lead in accepting the application.

Projects other than foreign investment shall be declared and filed by construction units directly through Jiangsu Province Investment Project Online Examination and Approval Supervisory Platform.

(2) Processing construction project planning permission, this stage is divided into two items: design scheme review and construction project planning permission issuance, which are accepted by the planning resources department.

(3) Processing construction permits, this stage is divided into two items: examination of construction drawing design documents (fire protection design documents) and issuance of construction permits. The construction unit will submit the construction drawing design documents to the comprehensive service window for approval of the construction project, and provide other approval materials for approval at this stage. After the examination of construction drawings and design documents is completed, the real-name system management, quality supervision procedures, safety supervision record-keeping and construction license issuance shall be merged and processed, and the competent construction department shall take the lead in accepting them.

(4) To go through the formalities of completion acceptance, this stage is divided into two items: joint acceptance service of various departments and record of completion acceptance. After the construction project has the statutory conditions for completion and acceptance, the construction unit submits the application for completion and acceptance and the corresponding paper and electronic documents to the comprehensive service window of joint acceptance and acceptance, which shall be accepted by the construction department in charge.

Article 13 A construction unit shall apply for the registration of real estate within 60 days after the completion of the leasing housing project. Real estate registration institutions shall register according to law for approved purposes in accordance with land transfer contracts and plans, and mark rental housing in the register of real estate and in the appendix of ownership certificates.

Article 14 Within 10 working days after the first registration of a project or within 60 days after the completion and acceptance of the project is qualified, the real estate departments of Jiangbei New Area and each district shall direct the property rights units to input the surveying and mapping results and other project information issued by the real estate surveying and mapping units with the minimum unit of Suites (rooms) into the supervision platform of the urban housing rental service.

Chapter III Collective Land Construction

Article 15 Where rental housing is built on collective land, the main body of implementation shall, in principle, be the collective economic organization of the town or village where the project is located.

Collective economic organizations are encouraged to cooperate with other economic organizations in the development and construction by means of stock ownership and joint venture. New enterprises are needed to be set up by both parties to carry out project development and construction. The proportion of collective economic organizations must be higher than 50%.

Article 16 Before deciding on a collective land construction rental housing project, in principle, the consent of more than two-thirds of the members of the collective economic organization or villagersrepresentatives of the collective economic organization under which the ownership of the land is to be occupied shall be obtained to ensure the voluntary implementation and autonomous operation of the collective economic organization.

Article 17 The main body of implementation compiles the implementation plan on its own or entrusts a qualified planning organization. If it involves the use of the new construction indicators formed through land consolidation, the implementation plan of the new area should be attached to the implementation plan.

The implementation plan shall be examined and approved by the local government, and then submitted to the municipal planning and resources department. The municipal planning and resources department shall take the lead in organizing joint examination and verification by the development and reform, construction, real estate, agriculture and rural units. After forming a unified opinion, the plan shall be submitted to the municipal government for examination and approval. The approval of the pilot scheme by the municipal government shall be regarded as the approval of the project for the local scheme.

Article 18 The procedures for the construction of rental housing with collective land shall be handled with reference to the procedures for the construction of new rental housing with state-owned construction land.

Article 19 After the acceptance and acceptance of a project has been completed, the main body of implementation applies to the planning and resources department for real estate registration; the registration institution shall register the project as a whole, and shall not register separately, and indicate on the right certificate that the housing type is collective rental housing, which is for rental only, and shall not be transferred or mortgaged.

Article 20 Within 10 working days after the first registration of a project or within 60 days after the completion and acceptance of the project is qualified, the real estate departments of Jiangbei New Area and each district shall direct the property rights units to input the surveying and mapping results and other project information issued by the real estate surveying and mapping units with the minimum unit of Suites (rooms) into the supervision platform of the urban housing rental service.

Chapter IV Renovation of Stock Housing

Article 21 The alteration of stock houses shall include the alteration of houses on industrial land and the alteration of commercial buildings.

Renovation of buildings on industrial land refers to the transformation of existing buildings such as factory buildings and office buildings on industrial land into rental housing in the park. Renovation of commercial housing refers to the transformation of built commercial housing into rental housing according to regulations.

Article 22 The design criteria for residential buildings, apartments or dormitories shall be implemented to meet the basic residential functions when the stock houses are converted into rental houses according to the rental needs. In principle, commercial housing should be rebuilt according to the whole building, the whole floor and the whole unit.

Article 23 The renovation of stock houses includes structural renovation and functional change of houses. Structural renovation refers to the structural change of the main body of the house; the use function change refers to only changing the internal use function of the house, but not changing the main structure of the house.

Article 24 Structural transformation shall be carried out according to the following procedures:

(1) The reconstruction unit shall apply to the development and reform department (administrative examination and approval department) for the formalities for project establishment.

(2) If the reconstruction unit applies to the planning resources department for planning conditions, and the building has been completed for more than two years, it shall obtain a safety appraisal report in accordance with the law before the transformation. According to the planning conditions and appraisal report, the rebuilding unit organizes the construction drawing design and applies for the planning and construction permission to the planning and resources department after completion.

(3) The rebuilding unit shall submit to the construction drawing review body for examination of the construction drawing design documents, and the construction drawing review body shall focus on the examination of structural safety, etc. After the examination of construction drawings and design documents (fire protection design documents) is completed, the real-name system management, quality supervision procedures, safety supervision filing, and construction license issuance and merger shall be handled.

(4) After the construction project has met the conditions for completion acceptance, the reconstruction unit shall apply for joint acceptance to the comprehensive window of joint acceptance.

Article 25 The use function changes shall be handled according to the following procedures:

(1) The renovation unit shall submit the renovation plan and design proposal to the planning resources department for review, and the planning resources department shall issue a planning opinion letter.

(2) After the construction drawings and design documents (fire protection design documents) have been examined or demonstrated in accordance with the regulations, the reconstruction unit shall apply to the competent construction department for a construction permit.

(3) After the construction project has met the conditions for completion acceptance, the reconstruction unit shall apply for joint acceptance to the comprehensive window of joint acceptance.

Article 26 Within 60 days after the completion and acceptance of a project has passed the acceptance test, the real estate departments of Jiangbei New Area and each district shall direct the property rights units to input the surveying and mapping results and other project information issued by the real estate surveying and mapping units with the minimum units into the supervision platform of housing rental services in the city.

Chapter V Supplementary Provisions

Article 27 Before the promulgation of these Measures, leased land already transferred and leased housing constructed through competition shall be implemented in accordance with the agreement of the leasing contract.

Article 28 These Measures shall come into force on October 10, 2019 and shall be valid for two years.

Source: Zhou Xinyi_NB12002, Responsible Editor of China Networks