SMM: on Sept. 3, Dongguan Housing and Urban-Rural Construction Bureau, Dongguan Real Estate Registration Center, Dongguan Human Resources and Social Security Bureau, Dongguan Taxation Bureau of the State Administration of Taxation, Dongguan Central Branch of the people's Bank of China, and Dongguan Sub-Bureau of Bank of China Insurance Regulatory Commission jointly issued a notice on the further implementation of the policy of restricting the purchase and transfer of commercial housing (hereinafter referred to as "notice").
The notice points out that in order to implement the relevant provisions of the Circular on further promoting the stable and healthy Development of the Real Estate Market in Dongguan City (Dongjian (2020) No. 7) and standardize the implementation of the policy of restricting the purchase and transfer of commercial housing, on the basis of the Policy answer to the Circular on further promoting the stable and healthy Development of the Real Estate Market in Dongguan City issued on July 27th, 2020, combined with the actual situation of Dongguan City, The relevant matters will be detailed now.
Point of view real estate new media learned that the "notice" involves the identification of second-hand commercial housing transactions on the way, the policy of restricting the purchase of commercial housing, the policy of restricting the transfer of commercial housing, the consequences of the authenticity of materials provided by property buyers, and the sale of commercial housing before the expiration of the time limit for the transfer of commercial housing.
Among them, with regard to the identification of second-hand commercial housing transactions on the way, non-registered residents (hereinafter referred to as "buyers") who purchased second-hand commercial housing in Dongguan before July 25, 2020 (hereinafter referred to as "the buyer"), can provide real estate sale and purchase intermediary contracts or housing sale contracts signed before the above date, as well as transfer vouchers to pay a deposit or part of the purchase money to the seller (cash payment is not recognized), You can continue to apply for net visa and transfer of ownership in accordance with the original policy.
The specific identification criteria are as follows: in the subject of receipt and payment, the payer shall provide the relevant certification materials of the buyer himself or the buyer's close relatives or the notarized agent; in the payee, the seller himself or his spouse or the adult children of the seller shall provide relevant certification materials.
In the transfer voucher, you can check, confirm or prove the deposit and management of the funds paid by the third party, such as bank transfer, Alipay, Wechat transfer, and so on.
With regard to the policy of restricting the purchase of commercial housing, family members of non-registered residents in this city have a full-time bachelor's degree or above, can provide the labor contract of the work unit of this city and the social insurance certificate that has been paid continuously for more than half a year in the first two years before July 25, 2020, the first set of newly-built commercial housing can still be purchased in accordance with the original policy.
At the same time, non-registered households who have paid monthly personal income tax for one or two years before July 25, 2020 can still purchase the first or second newly built commercial housing in accordance with the original policy. At the same time, for those who have paid personal income tax for one or two years in July 2020, those who have declared personal income tax before August 1, 2020, or those who have declared personal income tax in July and the tax authorities have entered the warehouse in August shall be approved.
The top talents, characteristic talents identified by the relevant departments of the city, and R & D talents who meet the conditions for the introduction and training of R & D talents in Dongguan [refers to the interim measures of Dongguan Municipality on strengthening the introduction and training of R & D talents "(to be issued). Economic contribution awards and quality improvement awards for R & D talents] enjoy the qualification of household registration residents in this city to purchase houses. At the same time, talents who meet the conditions of the talent card policy will be implemented in accordance with the latest provisions of the policy after the introduction of the talent card policy.
At the same time, non-registered residents who receive basic pensions in Dongguan, if they do not have housing in this city and can provide details of old-age insurance benefits, restrict the purchase of a set of commercial housing in this city.
In addition, if an overseas individual has reached the age of 18, works, studies and resides in Dongguan and has no housing in Dongguan and can provide relevant supporting materials, the purchase of one set of commercial housing (newly built commercial housing or second-hand commercial housing) shall be restricted. Among them, Hong Kong and Macao residents need to provide identity cards for residents of the Hong Kong and Macao Special Administrative regions or permits for Hong Kong and Macao residents to travel to and from the mainland. Taiwan residents are required to provide a permit for Taiwan residents to travel to and from the mainland, a residence permit obtained in Dongguan, or a monthly social insurance certificate for more than one year in this city within two years prior to the date of purchase.
With regard to the policy on the limited transfer of commercial housing, for the determination of the limited transfer years, the requirement for unlimited transfer years of the net visa shall be completed before 00:00 on April 11, 2017. those who have completed the net visa will not be able to trade and transfer until 2 years after the expiration of the certificate of immovable property rights (including gifts); for commercial houses that have completed the net registration after 00:00 on July 25, 2020, they must obtain the certificate of immovable property rights for three years before they can be traded and transferred (including gifts).
With regard to the gift, the notice requires that after the implementation of this notice, if the recipient of real estate is a non-registered resident of the city and has a close kinship with the donor, the recipient may not be restricted by the social security payment requirements, however, it must meet the requirements of the current housing purchase restriction policy in this city.
At the same time, if the donator is a non-registered resident in this city and obtains the qualification to buy a house through the gift (subject to the date on which the donee obtains the real estate certificate, the same below), the donee must obtain the fixed property right certificate for 2 years before he can buy commercial housing again. The donated commercial housing must obtain the fixed property right certificate for 3 years before it can be traded and transferred.
For the registered residents of this city, if the donor obtains the qualification to buy a house through the gift, he or she must purchase the newly built commercial housing again after the donee has obtained the fixed property right certificate for 2 years. The donated commercial housing must obtain an immovable property right certificate for 3 years before it can be traded and transferred.
If share donation is involved in the inheritance of commercial housing, the transfer registration of inheritance and gift shall be handled jointly, and both parties shall not be bound by the purchase restrictions. The period of restriction on the sale of a house inherited (donated) by the heir (donee) shall be counted from the date on which the decedent has obtained the house ownership certificate; if the decedent has not obtained the house ownership certificate, it shall be counted from the date on which the heir (donee) obtains the house ownership certificate.
With regard to the materials for determining the qualifications of house buyers, the "notice" points out that buyers who provide false proof materials to fraudulently obtain house purchase qualifications shall be disqualified and dealt with in accordance with the law, which shall be recorded in the bad personal credit records, and the resulting economic and legal responsibilities shall be borne by the house buyers themselves. Real estate development enterprises, real estate brokerage institutions and employees who instigate, induce or assist buyers to provide false certificates to fraudulently obtain house purchase qualifications shall be seriously dealt with in accordance with the rules and regulations.
In terms of the time limit for transfer, the notice makes it clear that if the time limit for the transfer of commercial housing has not expired, and the owner of the house sells it in advance and collects a deposit or payment from the buyer, the resulting risk of not being able to trade as well as economic and legal liability shall be borne by the owner of the house.
At the same time, real estate brokers and brokers shall carefully check whether the entrusted houses meet the relevant requirements of the transfer restriction policy, and shall refuse to accept the entrustment if they do not meet the transaction conditions. Real estate brokerage institutions and brokers who illegally provide brokerage services for houses that do not meet the trading conditions or are prohibited from trading shall be seriously dealt with in accordance with the rules and regulations.
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