If the property is not capped, illegal lending banks can report it. According to relevant policies, banks must wait until the property is capped before lending. If the first-hand house is not capped, banks will not be able to issue mortgage loans to buyers. Banks must strictly implement the national macro-control policies, or they will be severely punished.
At the same time, for those who are eager to buy "uncapped" properties, once the developer's capital chain breaks, it will form an unfinished building. Not only can an individual not get a house, but the loan owed to the bank still needs to be paid back. This risk is very high.
According to the Notice of China Banking Regulatory Commission on Strengthening the Credit Management of Commercial Real Estate (Yinfa [2007] No.359), commercial banks are not allowed to issue any form of loans to projects with a project capital (owner's equity) ratio of less than 35% or without land use right certificates, construction land planning permits, construction project planning permits and construction permits; Commercial banks may not issue loans to real estate development enterprises that have been verified by the land and resources departments and the competent construction departments for hoarding land and housing; Commercial banks may not accept commercial houses that have been vacant for more than 3 years as collateral for loans.
In addition, commercial banks should focus on supporting borrowers to purchase the first set of small and medium-sized self-occupied housing loans, and can only issue housing loans to individuals who purchase houses with capped main structures.
If you buy a commercial office project, not a residential project, the bank will lend later. According to the regulations, banks can only lend to developers after the completion and acceptance of commercial housing.
If it is definitely illegal for a bank to lend money in advance, buyers can report the illegal behavior of the bank to the CBRC.
Precautions for buying an auction house:
1. The developer's development and operation qualification must be legal. Developers must have the business license of enterprise legal person and the qualification certificate of real estate development enterprise, and develop within the business scope specified in their qualifications; Development projects must obtain land use right certificates, construction land planning permits, construction project planning permits and construction project construction permits.
2. Check the pre-sale certificate. Before signing the pre-sale contract, you must first check the pre-sale certificate of the house. It is illegal for real estate companies to sell faster houses without obtaining the pre-sale permit of commercial housing.
3. Details of the house. When signing the contract, be sure to check some details of the house. For example, the contract should indicate the application area of the purchased commercial housing, and the area of each room and other related information should be clearly marked. In addition, elevators, corridors, stairs and other public areas. Share the cost in proportion.
4. agree on the delivery time of the house. Strictly agree on the delivery date of the house and the default clause of delaying the delivery of the house.
5. Contract filing After signing the pre-sale contract of commercial housing, don't forget the step of contract filing. The buyer himself should take the initiative to know whether the developer will register with the real estate management department within 30 days after the contract is concluded, so as to ensure the legal effect of the contract from the procedure.
If the property is not capped and illegally lent, the bank can report it. According to relevant policies, banks must wait until the property is capped before lending. If the first-hand housing is not capped, banks can't issue mortgage loans to buyers, and banks must strictly implement the national macro-control policies, otherwise they will be severely punished.
At the same time, people who are eager to buy "uncapped" real estate, once the developer's capital chain breaks, form an unfinished building, individuals will not only get a house, but also owe a loan to the bank. This risk is very high.
Precautions for buying an auction house:
1. The developer's development and operation qualification must be legal. Developers must have the Business License of Enterprise as a Legal Person and the Qualification Certificate of Real Estate Development Enterprise, and carry out development within the business scope specified by their qualifications; Development projects must obtain land use right certificates, construction land planning permits, construction project planning permits and construction project construction permits.
2. Check the pre-sale documents. Before signing the auction contract, you must first check the pre-sale documents of the house. It is illegal for real estate companies to sell faster houses without obtaining the pre-sale permit of commercial housing.
3. Details of the house When signing the contract, be sure to check some details of the house. For example, the contract should indicate the application area of the purchased commercial housing, and the area of each room and other related information should be clearly marked. In addition, elevators, corridors, stairs and other public areas. The proportion of cost sharing should also be clearly defined.
4. agree on the delivery time of the house. Strictly agree on the delivery date of the house and the default clause of delaying the delivery of the house.
5. Contract filing After signing the pre-sale contract of commercial housing, don't forget the step of contract filing. The buyer himself should take the initiative to know whether the developer should go through the registration formalities with the real estate management department within 30 days after the conclusion of the contract, ensure the legal effect of the contract from the procedure, consult relevant laws and regulations, and understand that the pre-sale permit for commercial housing must meet the conditions of Article 5 of the Measures for the Administration of Urban Commercial Housing Pre-sale, namely:
1. All land use right transfer fees have been paid and land use right certificates have been obtained;
2. Holding a construction project planning permit and a construction permit;
3. According to the calculation of pre-sale commercial housing, the funds invested in development and construction have reached more than 25% of the total investment in engineering construction, and the construction progress and completion delivery date have been determined.
Developers who meet the above conditions can apply for a pre-sale permit. Developers can sell faster houses with the pre-sale permit of commercial housing within the validity period, and can apply for housing mortgage loans after online signing for the record. There is no need to subscribe for a house cap as a prerequisite for handling loans.
Legal basis:
Notice on Strengthening the Credit Management of Commercial Real Estate
Third, strictly manage housing consumption loans.
Commercial banks should focus on supporting borrowers to purchase the first set of small and medium-sized self-occupied houses, and only provide housing loans to individuals who purchase houses with capped main structures.