Guo Fa [2006] No.26 Housing Reform Document
That was in 2005. The Ministry of Construction and other departments forwarded the Notice of the General Office of the State Council No.26 [2005] on Doing a Good Job in Stabilizing Housing Prices. The opinions of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government and the ministries and commissions of the State Council, including the Ministry of Construction, the Development and Reform Commission, the Ministry of Finance, the Ministry of Land and Resources, the People's Bank of China, State Taxation Administration of The People's Republic of China and China Banking Regulatory Commission, have been agreed by the State Council and are hereby forwarded to you. Please implement it carefully. Real estate is the pillar industry of national economy. Correctly understanding the current real estate market situation, solving outstanding problems in time and promoting the healthy development of the real estate industry are of great significance for consolidating and developing the achievements of macro-control and maintaining the steady and rapid development of the national economy. All regions and departments should take solving the problems of excessive real estate investment and excessive price increase as an important task to strengthen macro-control at present. Adhere to the principles of being active and steady, grasping strength, highlighting key points, treating differently, adapting to local conditions, guiding by classification, strengthening the rule of law and strengthening supervision. Strengthen leadership, cooperate closely, conscientiously implement various regulatory policies and measures in the State Council, do a good job in two-way regulation of supply and demand, curb speculative real estate speculation, control investment housing, encourage the construction of ordinary commodity housing and affordable housing, reasonably guide housing consumption, and promote the basic stability of housing prices and the healthy development of the real estate industry. On May 9, 2005, the State Council General Office's opinion on doing a good job in stabilizing housing prices; Development and Reform Commission of the Ministry of Construction; Banking Regulatory Commission of China People's Bank, Ministry of Finance and Ministry of Land and Resources (April 30, 2005); Maintaining the sustained and healthy development of the real estate market is related to the overall situation of national economic and social development and the realization of the goal of building a well-off society in an all-round way. At present, there are some outstanding problems in some fields, such as excessive real estate investment, excessive rise in commodity housing prices, unreasonable supply structure and chaotic market order. In order to further strengthen the guidance and regulation of the real estate market, solve the contradictions and problems in the operation of the commodity housing market in time, strive to achieve a basic balance between supply and demand of commodity housing, effectively stabilize housing prices, and promote the healthy development of the real estate industry, the following opinions are put forward: First, strengthen planning and regulation, and improve the housing supply structure. All localities should make clear the construction scale, project layout and schedule of ordinary commodity housing and affordable housing this year and next as soon as possible according to the local real estate market demand. In places where house prices are rising too fast and the supply of low-and medium-priced ordinary commodity housing and affordable housing is insufficient, housing construction should focus on low-and medium-priced ordinary commodity housing and affordable housing projects, clarify the area of construction and completion and the proportion of the total housing construction, and announce it to the public as soon as possible, accept social supervision and stabilize market expectations. The people's governments at the provincial level should strengthen the supervision and inspection of the implementation of cities (districts) and counties. Local urban planning administrative departments should, on the premise of conforming to the overall urban planning, speed up the work according to the construction needs of low-priced ordinary commodity housing and affordable housing determined by the local government, give priority to reviewing planned projects and ensure the project site selection. At the same time, we should strictly control the construction of low-density high-grade residential buildings. For low-priced ordinary commodity housing construction projects, before land supply, the competent department of city planning shall issue planning and design conditions such as building height, floor area ratio, green space, etc. according to the regulatory detailed planning, and the competent department of real estate shall, jointly with relevant departments, put forward regulation requirements such as housing sales price and Xing Tao area, and take them as preconditions for land transfer to ensure the effective supply of low-priced housing in Xing Tao. All localities should strengthen the supervision of planning permission for real estate development projects, conduct planning review again for housing projects that have not started within 2 years, and resolutely revoke projects that do not meet the planning permission. Second, strengthen the regulation of land supply and strict land management. Under the premise of strictly implementing the overall land use planning and land use plan, all regions should adjust the land supply structure, supply mode and supply time in a timely manner according to the changes in the real estate market. For places where residential land and housing prices have risen too fast, it is necessary to appropriately increase the proportion of residential land in land supply, focusing on increasing the supply of low-priced ordinary commodity housing and affordable housing construction land. Continue to stop the supply of villa land and strictly control the supply of high-grade housing land. It is necessary to further improve the land purchase and reserve system, actively introduce the market mechanism, carry out land development and consolidation, reduce the cost of land development, and improve the supply capacity of ordinary commodity housing land. It is necessary to strictly manage land transfer, prohibit real estate development projects that do not meet the conditions prescribed by law from transferring land, and stop land speculation according to law. Intensify the clearance of idle land, effectively stop the hoarding of land, strictly enforce laws and regulations, and levy idle land fees for those who fail to start development after the commencement date agreed in the transfer contract of 1 year; If the development has not started for 2 years, the land use right will be recovered free of charge. It is necessary to standardize the announcement of land transfer and the contents of the contract, strengthen the post-supply supervision of real estate development land, and investigate the responsibility for breach of contract and violation of regulations in violation of the land transfer contract or relevant regulations. Third, adjust the business tax policy of housing transfer, strictly levy taxes, make full use of economic means such as taxation to regulate the real estate market, and increase the regulation and control of speculative and investment real estate transactions. From June 1 2005, if an individual purchases a house for less than 2 years, the business tax will be levied in full according to the income obtained from the sale of the house; Individuals who buy ordinary houses for more than 2 years (including 2 years) and change hands are exempt from business tax when selling; For individuals who purchase non-ordinary housing for more than 2 years (including 2 years), business tax shall be levied according to the difference between the income from the sale of housing and the purchase price. All localities should strictly define the scope of application of existing preferential housing tax policies and strengthen tax collection and management. No tax concessions shall be granted to houses that do not meet the standards for enjoying preferential policies. Real estate management departments should actively cooperate with the tax authorities to strengthen the collection and management of relevant taxes, and the specific measures shall be studied and formulated by State Taxation Administration of The People's Republic of China in conjunction with the Ministry of Construction and other departments. Fourth, strengthen the management of real estate credit and guard against financial risks. The People's Bank of China and its branches should strengthen "window guidance" and urge commercial banks to take effective measures to strengthen the credit management of real estate development loans and personal housing mortgage loans, and adjust and improve the structure of real estate loans. The CBRC and its dispatched offices shall strictly urge all commercial banks to further implement the Guidelines for Due Diligence in Credit Granting of Commercial Banks, strengthen due diligence in pre-lending, in-lending and post-lending inspections, and establish due diligence and accountability systems for various credit businesses. It is necessary to intensify the inspection of commercial banks' real estate loans and effectively correct the illegal loan issuance. In areas with unreasonable market structure, prominent speculation and high risk of real estate loans, it is necessary to strengthen risk early warning, urge commercial banks to adjust loan structure and customer structure, strictly control unreasonable demand for real estate loans, and guard against loan risks. Five, clearly enjoy preferential policies, ordinary housing standards, and reasonably guide housing construction and consumption. In order to reasonably guide housing construction and consumption, and vigorously develop land-saving housing, preferential policies are given to small and medium-sized Xing Tao and low-priced ordinary housing in terms of planning approval, land supply, credit and taxation. In principle, houses enjoying preferential policies should meet the following conditions at the same time: the floor area ratio of residential buildings is above 1.0, the single building area is below 1.20 square meters, and the actual transaction price is below 0.2 times of the average transaction price of houses on the same level of land. All provinces, autonomous regions and municipalities directly under the Central Government shall, according to the actual situation, formulate specific standards for ordinary housing enjoying preferential policies in their respective regions. Allow a single set of construction area and price standards to float appropriately, but the floating ratio shall not exceed 20% of the above standards. The specific standards of municipalities directly under the central government and provincial capital cities shall be reported to the Ministry of Construction, the Ministry of Finance and State Taxation Administration of The People's Republic of China for the record, and published before May 3, 20051. Six, strengthen the construction of affordable housing, improve the low-rent housing system. All localities should implement the bidding system for affordable housing projects in accordance with the Measures for the Administration of Affordable Housing (J.F. [2004] No.77) and local government regulations, strengthen the construction of affordable housing, strictly implement government-guided prices, control the area and sales target of Xing Tao, effectively reduce the development and construction costs, and control the profits of construction units within 3%. The relevant specific requirements shall be stated in the decision on the allocation of state-owned land and announced to the public. Encourage the development and standardization of housing leasing industry, increase housing supply through multiple channels, and improve housing security capacity. All provinces, autonomous regions and municipalities directly under the central government should urge cities (districts) and counties to pay close attention to the investigation of housing difficulties of the lowest-income families in cities and towns, fully grasp the demand for low-rent housing in the region, and establish archives of security objects. According to the demand of low-rent housing, we will conscientiously implement the financial budget, raise funds for low-rent housing through multiple channels, focus on expanding the coverage of low-rent housing system, and accelerate the solution of the basic housing needs of the lowest-income families. The construction of urban low-rent housing system should be incorporated into the management of the provincial people's government's target responsibility system for the people's governments of cities (districts) and counties, and the relevant departments of provinces, autonomous regions and municipalities directly under the Central Government should strengthen supervision and inspection. Seven. Effectively rectify and standardize the market order and severely investigate and deal with illegal sales. According to the relevant provisions of "People's Republic of China (PRC) Urban Real Estate Management Law", the State Council decided to prohibit the pre-buyers of commercial housing from transferring their unfinished pre-sale commercial housing. Before the pre-sale commercial housing is completed and delivered and the buyer obtains the ownership certificate, the real estate department shall not handle the transfer formalities for it; If the registration of the applicant for housing ownership is inconsistent with that of the pre-buyer agreed in the pre-sale contract, the housing ownership registration agency shall not handle the housing ownership registration formalities for him. Real-name registration system registration of houses shall be implemented, and online real-time filing of pre-sale contracts of commercial houses shall be implemented to prevent private transactions. It is necessary to strictly enforce the market access of real estate development enterprises and intermediaries, and severely investigate and deal with illegal sales according to law. Hoarding houses for fictitious sales contracts; Publish false price and sales progress information, maliciously drive up house prices and trick consumers into buying; And fails to fulfill the construction requirements of control projects such as start time, completion time, sales price (bit) and Xing Tao area, the local real estate authorities shall record the above behaviors in the credit files of real estate enterprises and make public exposure. For some cases with serious circumstances and bad nature, the Ministry of Construction shall, in conjunction with relevant departments, severely punish them in a timely manner according to law and announce them to the public. Eight, strengthen market monitoring, improve the market information disclosure system, all localities should speed up the establishment and improvement of the real estate market information system, and strengthen the dynamic monitoring of the real estate market, especially the commercial housing market. Strengthen the analysis of the changes in the sales price and rental price of houses with the same location and quality, and accurately judge the changing trend of house prices. It is necessary to establish and improve the dynamic monitoring system of land market, strengthen the monitoring and analysis of construction land supply and land price changes, and scientifically predict the demand for commercial housing land. All relevant departments should strengthen information communication and integration, and timely disclose information such as land supply, supply and demand of commodity housing market, land and house price changes. It is necessary to strengthen the guidance of public opinion, enhance policy transparency, stabilize market psychological expectations, and promote rational market development.