1. The purpose of mortgage loans for projects under construction is the funds needed for the continued construction of projects under construction.

2. The land occupied by the project under construction has paid all the land transfer fees and obtained the state-owned land use right certificate.

3. Mortgaged projects under construction must have obtained land use right certificate, construction land planning permit, construction project planning permit and construction project construction permit.

4. The self-owned funds invested in the project must reach more than 25% of the total investment of the project construction, and the project construction progress and project completion delivery date have been determined.

2. What are the evaluation scopes of mortgage value evaluation of projects under construction?

1, land ownership

There are two kinds of land ownership of projects under construction, four cases, namely, the right to use state-owned land obtained by means of transfer; Land use right obtained by lease; The right to use state-owned land obtained by means of free allocation; The right to use collectively-owned land. Due to the different nature and situation of ownership, the connotation of mortgage evaluation value is not exactly the same as the upcoming economic behavior of the evaluated project.

2. Project ownership

For the mortgage loan evaluation of real estate projects under construction, it is necessary to find out whether the entrusted real estate projects belong to joint construction projects or whether there are participating units, and whether the entrusted units really own all or part of the entrusted real estate projects. If the entrusting unit is the main construction unit of the appraised object and there are one or two contractors, the value of the contractor does not belong to the entrusting unit, and its value does not belong to the mortgage scope of the appraised real estate; If the entrusted real estate project is a joint construction project, what are the rights of the entrusting unit to the entrusted object? Therefore, the appraisers must fully investigate and master the above situation, especially to find out the rights of all parties involved in the project company and whether the economic contracts between the parties are legally valid. The appraiser can only evaluate the mortgage value of the part of the rights actually owned by the entrusting unit to the entrusted real estate project.

3. Construction progress

In the appraisal practice, the quantities of projects under construction completed by each project are different, and some of them have just completed the foundation works below the design floor (including the basement structure); Some have just completed the structural part of the podium; Some have completed all the structural capping and so on. Most of the projects, their decoration and equipment installation projects have not been carried out. For the above different situations, we must accurately grasp the actual completion progress of the project under construction, that is, grasp the completed physical quantity, and those materials and equipment that are not installed and fixed on the main body of the building cannot be included in the evaluation scope of the real estate project under construction. Therefore, when evaluating the mortgage value of the project under construction, we can't simply evaluate its value according to the actual investment progress of the project.

4. Sales situation

Some real estate projects under construction have obtained pre-sale permits for commercial housing, and some properties have been pre-sold. When evaluating the mortgage value, we must clearly grasp two issues. First, the floor and its construction area allowed by the pre-sale permit can be sold; Second, how much building area the developer actually sold. When evaluating, the evaluation value of the whole real estate project under construction must deduct the value of the sold physical part of the project under construction and the corresponding land use right value. Because the rights of some sold properties no longer belong to the entrusting unit, the client has no right to mortgage.

Three. Possible risks of mortgage of construction in progress:

1. Legality risk of construction in progress.

According to the relevant laws and regulations, the mortgagor must have obtained the state-owned land use right of the land occupied by the project under construction, and at the same time must have obtained the construction land planning permit and other documents from relevant departments. According to the Measures for the Registration of Urban Real Estate Mortgage issued by the Ministry of Construction and the Explanations on Several Issues issued by the Supreme People's Court, the borrower of mortgage loan for the project under construction can only be the mortgagor, and the lender can only be a financial institution (usually a bank), and the loan can only be used for the continuation funds of the project under construction.

2. Value determines risk.

The scope of mortgage right of construction in progress is limited to the construction in progress that has been completed and registered at the time of mortgage and the corresponding proportion of land use right within the scope of construction in progress, but it does not include the number of floors that continue to be added to the construction in progress after registration and the land use right outside the occupied scope.

3. Contract risk.

The Ministry of Construction's Measures for the Registration of Urban Real Estate Mortgage stipulates that when the project under construction is mortgaged, the mortgage contract shall also contain the following contents:

(1) serial number of three certificates: state-owned land use right certificate, construction land planning permit and construction project planning permit;

(two) the paid land use right transfer fee or the amount equivalent to the payable land use right transfer fee;

(three) the project funds that have been invested in the projects under construction;

(4) Construction progress and project completion date;

(5) Workload and quantities completed. If the general mortgage contract is adopted, it is likely to lead to the invalidation of the mortgage contract for the project under construction.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 359 The right to use residential construction land shall be automatically renewed upon expiration. The payment or reduction of the renewal fee shall be handled in accordance with the provisions of laws and administrative regulations.

The renewal of the right to use non-residential construction land after the expiration of the term shall be handled according to law. The ownership of houses and other immovable property on the land, if there is an agreement, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be handled in accordance with the provisions of laws and administrative regulations.

Article 401 The mortgagee and the mortgagor agreed that when the debtor fails to perform due debts, if the mortgaged property belongs to the creditor, it can only be paid in priority according to law.

Article 402 Where the property specified in Items 1 to 3 of the first paragraph of Article 395 of this Law or the building under construction specified in Item 5 is mortgaged, the mortgage registration shall be handled. The mortgage is established at the time of registration.

Article 403 Where a chattel is mortgaged, the mortgage right shall be established when the mortgage contract comes into effect; Without registration, you may not be able to fight well-intentioned third parties.