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The State's Regulation Policy on Real Estate
Opinions on strengthening real estate price regulation and speeding up housing construction

The development of real estate has a far-reaching impact on other walks of life. Its powerful driving force and high degree of correlation make it occupy a very important position in the development of national economy. According to the Eighth Five-Year Plan to the Fourteenth Five-Year Plan of China's national economy, the state's support policy for the real estate industry has changed from "speeding up construction" and "activating the secondary real estate market" to "maintaining a stable operation" and "staying and not speculating". During the period from the Eighth Five-Year Plan to the Eleventh Five-Year Plan, the national level vigorously advocated the development and activation of the real estate industry and market, which greatly promoted the development of China's real estate industry and stimulated the rapid development of other industries; During the "Twelfth Five-Year Plan" to the "Fourteenth Five-Year Plan" period, the state put forward the concepts of strengthening market supervision, standardizing the order of the real estate market, increasing the supply of affordable housing, and "staying without speculation" to promote the transformation and upgrading of the real estate industry.

Real estate regulation refers to the state's regulation of the real estate market. Its purpose is not only to maintain the healthy and sustainable development of the real estate market, but also to maintain the sustainable development of the economy. Real estate refers to land, buildings, inseparable parts fixed on land and buildings and various rights and interests attached to them. Since 2022, more than 40 cities across the country have relaxed their real estate control policies.

legal ground

Opinions on strengthening real estate price regulation and speeding up housing construction

First, strengthen the regulation of real estate prices and establish a reasonable housing price system.

All localities should strengthen the overall level and regulation of the real estate market price in accordance with the spirit of the notice and the implementation of the People's Republic of China (PRC) Price Law, and establish a housing price system that is compatible with the new housing supply system. We should focus on maintaining the stability of affordable housing prices, do a good job in real estate price regulation and the establishment of a new housing price system. For affordable housing purchased by low-and middle-income families, government-guided prices and price-limited sales are implemented. When determining the price, we should strictly grasp the principle of capital preservation and meager profit, establish a cost restraint mechanism, and promote the formation of reasonable location price difference and quality price difference. It is necessary to strengthen the monitoring of the cost of affordable housing, and prohibit indiscriminate spreading and false reporting of costs. The enterprise management fee included in the house price shall be controlled below 2% in principle, and the profit shall be controlled below 3%. It shall be calculated according to the four factor costs, such as compensation for land acquisition and demolition, survey and design, preliminary project cost, Jian 'an project cost and infrastructure construction cost of residential quarters (including non-operating supporting public construction cost of residential quarters). For the lowest-income families to rent low-rent housing provided by the government or units, government pricing is implemented. The rent standard shall be determined in accordance with the principle of adapting to the affordability of the lowest-income families and connecting with the rent level of public housing in the same period. For high-income families to buy and lease commercial housing, the market adjustment price is implemented, and the rental price is determined by the enterprise according to the development and operation costs and the market supply and demand situation; When necessary, the government should also stipulate the profit limit range of development enterprises. All localities should formulate flexible and powerful price policies and adopt various forms to promote the sales of vacant houses. Strengthening land price management and reducing housing construction cost. We will promptly establish a system for regularly determining and publishing benchmark land prices, and regulate and guide the land price level based on the benchmark land prices. We should conscientiously do a good job in the annual supply plan of land for the construction of affordable housing, ensure the implementation of the policy of administrative allocation of land, and strictly prohibit the paid transfer of administrative allocation of land for affordable housing. Urban transformation and demolition, take the demolition of housing price compensation, resettlement housing government pricing paid way.

Two, clean up and rectify the construction project fees, adjust the composition of housing prices.

All localities and departments should continue to implement the "Notice of the State Planning Commission and the Ministry of Finance on Cancelling Some Construction Project Fees and Further Strengthening the Management of Construction Project Fees" (J.J. [2922] 1996No.), intensify efforts to clean up and rectify, then cancel a number of charging items and lower a number of charging standards. Cancel the enterprise qualification examination, project completion acceptance and property right examination, as well as various deposits, security deposits and other fees, and merge repeated fees; Rectify and standardize land acquisition management fees, power supply subsidies and various license fees, and reduce excessive fees (affordable housing will be levied by half). Comprehensively clean up real estate transaction fees, cancel all kinds of management fees and supervision fees, reduce transaction fees and other charging standards, and promote real estate circulation. For the development and construction of affordable housing, the service charges of intermediary agencies such as project supervision and real estate price evaluation shall be appropriately reduced. It is necessary to strengthen the management of the construction cost of water supply, power supply, gas supply and other ancillary facilities in housing construction, and the cost standards should be made public, and the budget quota should be strictly implemented. Establish and improve the burden card system for real estate development enterprises, and strengthen the supervision and examination of construction project fees. For large fees such as supporting fees for urban infrastructure, special treatment should be carried out. City infrastructure supporting fees, where the city has not been levied, are not allowed to be levied; For cities that have been expropriated, the State Planning Commission, together with the Ministry of Finance and the Ministry of Construction, will formulate governance plans in combination with tax and fee reform and public utility price reform. Before the introduction of the national governance plan, all localities should rectify the current charges in accordance with the principle of merging repeated charging items and reducing excessive charging standards. Standardize the construction cost of civil air defense projects. If housing development and construction need supporting the construction of civil air defense projects according to regulations, we must adhere to the simultaneous supporting construction and shall not charge any fees; According to the regulations, synchronous construction is required, but due to geological conditions and other reasons, it is necessary to charge off-site construction fees. The licensing conditions and charging standards for off-site construction shall be strictly examined and approved, and the standard scheme for off-site construction fees of civil air defense projects shall be formulated by the State Planning Commission in conjunction with the Ministry of Finance and the competent national civil air defense department. Stop charging electricity for housing development and construction. All localities should resolutely implement the State Council's regulations on stopping charging construction fees for commercial outlets and no longer allocating operating public facilities free of charge. In the construction of residential quarters, commercial outlets allocated according to regulations should be sold or leased in accordance with the principle of "who invests, who owns and who benefits", and construction fees should not enter the house price; Supporting the construction of commercial outlets, without the approval of the competent commercial department, shall not be changed without authorization. For commercial housing that needs to be sold or rented at government prices, the price standard shall be approved according to the principle of capital preservation or meager profit.

Third, standardize housing prices and property management fees, and establish a normal and good market order.

The competent pricing department of the government should actively guide and assist real estate development enterprises to establish and improve the self-restraint mechanism of price behavior, supervise enterprises to sell houses with clear price tags, and prohibit false price tags. In violation of state regulations, unreasonable charges, insufficient area, price fraud and other improper acts should be investigated and dealt with according to law. Strengthen the restriction on the charging behavior of intermediaries such as real estate price appraisal, and supervise intermediaries to carry out business and charge in accordance with the prescribed methods and procedures. It is forbidden to use administrative power to force enterprises and parties to accept apportionment and fees in violation of state regulations. Standardize property management fees. The services provided by property management enterprises for property owners and users are public, and the charges for services related to the public such as water, electricity, gas, cable TV and telephone charges are collected by the local price authorities, and the government pricing or government-guided prices are implemented. The charging standard should be compatible with the service content and depth of property management and the economic affordability of local residents. Ordinary residents housing property management fees should be strictly approved. Property management enterprises should conscientiously implement the national price policy, do a good job in publicizing the charging items, standards and charging methods, and effectively provide residents with services consistent with quality and price.

Four, actively and steadily promote the reform of public housing rent, accelerate the commercialization of housing.

Rent reform of public housing is an important content of housing system reform and an important condition for accelerating housing construction and development. All localities should conscientiously implement the State Council's policies and measures on deepening the reform of urban housing system and continue to promote rent reform. Rent reform should consider the affordability of employees and be combined with raising employees' wages. The rent proposal should be included in the price control plan and arranged as a whole. For super-sized housing, the part exceeding the prescribed standard can be subject to differential rent higher than the current housing rent standard in the same period; For those who occupy more housing, market rent shall be implemented. When the rent adjustment is large and exceeds the affordability of employees, employees may be allowed to pay the increased rent with a certain proportion of their housing provident fund with the approval of the local government. All localities should continue to steadily promote the sale of public housing. The cost price of the sale of public housing should be linked with the price of affordable housing, and should be reasonably determined by considering the old and new degree of the house and the factors such as location, floor and orientation. It is necessary to increase the transparency of the sale price of public housing and prevent the tendency to sell housing at low prices in violation of regulations. The State Planning Commission shall, jointly with relevant departments, standardize the sales price of public housing and promote the positive and healthy development of public housing sales.