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Chapter I General Provisions
Article 1
In order to further standardize the acts of construction, supply and
administration of accessory commodity housing and moderate and low-priced
ordinary housing in this Municipality, optimize the market structure of real
estate in this Municipality, improve the living conditions of citizens, these
Procedures are formulated in accordance with the¡°Regulations of Urban Real
Estates Development, Operation and Administration¡±and the provisions of
the¡°Procedures on the Administration of Economical, Appropriate
Housing¡±promulgated by four central departments including the Ministry of
Construction, and in the light of the actual circumstances of this Municipality.
Article 2
The accessory commodity housing mentioned in these Procedures (hereinafter
referred to as the¡°Accessory Housing¡±), are the policy-related commodity housing
supplied to the residents to be relocated for construction projects such as
major engineering works and the reforming of key old areas in this Municipality,
for which the government provides the preferential policy and sets construction
standards.
The moderate and low-priced ordinary commodity housing mentioned in these
Procedures (hereinafter referred to as the¡°Moderate and Low-priced Housing¡±),
are the policy-related commodity housing supplied to the moderate and low-income
households in this Municipality, for which the government provides the
preferential policy and sets construction standards.
Article 3
The construction, supply and administration of Accessory Housing and Moderate
and Low-priced Housing in the administrative area of this Municipality shall
conform to these Procedures.
Article 4
The Municipal Administrative Leading Group of Accessory Housing and Moderate
and Low-priced Housing (hereinafter referred to as the¡°Leading Group¡±),
consisting of the persons-in-charge of the municipal departments of construction
and communications, development and reform, housing, land and resources,
planning, finance, municipal administration, water affairs, education, public
health, electric power, traffic, etc. and the district/county governments
concerned, is responsible for the overall coordination and promotion of the
construction of Accessory Housing and Moderate and Low-priced Housing and shall,
according to their respective duties, implement these Procedures. The office of
the Leading Group is set up in Shanghai Municipal Housing, Land and Resources
Administration.
The Shanghai Municipal Housing, Land and Resources Administration is
responsible for the administration on construction and supply of Accessory
Housing and Moderate and Low-priced Housing in this Municipality.
District/county governments are responsible for the construction and
administration of Accessory Housing and Moderate and Low-priced Housing in their
respective administrative areas.
The district/county departments of development and reform, construction and
communications, housing, land and resources, etc. shall, according to their
respective duties, coordinate in implementing these Procedures.
Chapter II Land Use Development
Article 5
The Shanghai Municipal Housing, Land and Resources Administration shall,
according to the comprehensive planning of Shanghai and the short-term
construction plan as well, organize the formulation of the lay-out planning of
Accessory Housing and Moderate and Low-priced Housing for the whole Municipality
and shall, after the overall balance made by Shanghai Municipal Urban Planning
Administration, submit the lay-out planning to the municipal government for
examination and approval.
The construction of Accessory Housing and Moderate and Low-priced Housing
shall be in line with the approved lay-out planning and regulatory plans.
Article 6
The district/county administrative department of housing, land and resources
shall, jointly with the relevant departments, work out the annual land use plan
for the construction of Accessory Housing and Moderate and Low-priced Housing,
in accordance with the actual situation of the house demolition and relocation
volume and the supply structure of commercial residential housing market owning
to urban construction projects such as key engineering works in its own
administrative area, and integrate such plan into the district/county annual
land use plan and, upon the consent of the district/county government after
examination and verification, submit it to Shanghai Municipal Housing , Land and
Resources Administration.
Article 7
The site selection of Accessory Housing and Moderate and Low-priced Housing
shall be in line with the following principles:
1. In the areas where public service facilities are mature or relatively
mature;
2. Overall distribution shall be made in the light of construction projects
of suburban towns and central villages or the Accessory Housing projects under
construction;
3. In the areas where public infrastructure facilities of traffic, etc. are
relatively complete.
Article 8
Those construction projects in conformity with the annual land use plan of
Accessory Housing and Moderate and Low-priced Housing, and the requirements of
the site selection planning, shall be submitted to Shanghai Municipal Housing,
Land and Resources Administration for project identification by district/county
land and resources administrative department.
Real estates development enterprises may change the construction projects
that have legally acquired land and meet the requirements of the site selection
planning for Accessory Housing and Moderate and Low-priced Housing to the
construction projects of Accessory Housing and Moderate and Low-priced Housing,
and submit the latter projects to Shanghai Municipal Housing, Land and Resources
Administration for project affirmation.
In respect of the affirmation of the submitted construction projects of
Accessory Housing and Moderate and Low-priced Housing, Shanghai Municipal
Housing, Land and Resources Administration shall practice joint examination,
give a single official written reply and assign the land use plan.
Article 9
For the construction projects of Accessory Housing and Moderate and
Low-priced Housing under municipal and district/county administration, Shanghai
Municipal Housing, Land and Resources Administration and the district/county
land and resources administrative departments shall respectively organize
relevant land reserves organs to carry out early stage development and do a good
job of all preparatory work prior to the land transfer.
Article 10
The construction projects of Accessory Housing and Moderate and Low-priced
Housing adopt the form of public bidding to determine real estate development
enterprises.
Article 11
For the construction projects of Accessory Housing, and Moderate and
Low-priced Housing under municipal and district/county administration, Shanghai
Municipal Housing, Land and Resources Administration and district/county land
and resources administrative departments shall respectively be responsible for
the organization of public bidding for the projects.
Article 12
The bid price for the sale transfer of the right to use state-own land and
the ceiling average price for residences in the construction projects of
Accessory Housing and Moderate and Low-priced Housing, shall be listed in the
project bidding documents after the examination and approval of Shanghai
Municipal Housing, Land and Resources Administration.
1. The bid price for the transfer of the right to use state-own land of
Accessory Housing and Moderate and Low-priced Housing shall be determined on the
basis of the direct cost of the early stage development of land;
2. The ceiling average price for residences in the construction projects of
Accessory Housing and Moderate and Low-priced Housing shall be determined on the
principle of the cost of development, construction and administration plus
meagre profit.
Article 13
The real estate development enterprises competing for bidding shall possess
excellent development achievements and social prestige, and provide
corresponding design schemes and selling prices. The selling price shall be
determined by the enterprises competing for bidding in bidding documents, in
accordance with the ceiling price range released in the project bidding
documents.
Evaluation of project bidding shall mainly be based on design schemes,
selling prices, and corporate qualification, development achievements and social
prestige as well.
Article 14
The real estate development enterprise who wins the bidding shall sign the
project construction agreement with Shanghai Municipal Housing, Land and
Resources Administration and the district/county land and resources
administrative department, clearly defining the contents of construction
requirements, supply mode, selling price and liabilities for breach of contract.
The project construction agreement signed by the district/county land and
resources administrative departments shall be submitted to Shanghai Municipal
Housing, Land and Resources Administration for the record.
Upon the signing of the project construction agreement, the district/county
land and resources administrative department shall sign with the real estate
development enterprise who wins the bidding a contract for the transfer of the
right to use state-own land, in which shall be indicated the land use purpose
of¡°construction land use for Accessory Housing¡±or¡°construction land use for
Moderate and Low-priced Housing¡±.
Article 15
The real estate development enterprise who wins the bidding shall go through
the examination and approval formalities of feasibility study report at
Municipal Development and Reform Commission or the relevant district/county
investment administration department.
Chapter III Development and Construction
Article 16
Accessory Housing and Moderate and Low-priced Housing shall be developed and
constructed in accordance with the provisions of¡°Regulations on the Development,
Operation and Administration of Urban Real Estates¡±.
Article 17
The planning and design of the construction of Accessory Housing and Moderate
and Low-priced Housing shall conform to the following provisions:
1. Conforming to the planning index of plot ratio and building density, etc.
as defined by the planning department.
2. Residential houses shall take a suite of two bedrooms and one drawing room
with a floor space of 70 square meters as the main housing model, with an
appropriate allocation of households having one bedroom and one drawing room
with a floor space of 50 square meters and an allocation of a small number of
households having three bedrooms and one dining room with a floor space of 90
square meters.
3. Conforming to the technical norms and standards of the State and this
Municipality concerning housing construction.
Article 18
Relevant municipal departments, when examining for approval the planning and
design scenarios and preliminary design schemes of Accessory Housing and
Moderate and Low-priced Housing under municipal administration, shall solicit
the opinions of Shanghai Municipal Housing, Land and Resources Administration.
Relevant district/county departments, when examining for approval the planning
and design scenarios and preliminary design schemes of Accessory Housing and
Moderate and Low-priced Housing under district/county administration, shall
solicit the opinions of district/county land and resources administrative
departments.
Article 19
Administrative institutional charges for the construction and operation on
the projects of development and construction of Accessory Housing, Moderate and
Low-priced Housing shall be reduced or exempted according to law, and specific
procedures shall be worked out separately by the departments of Shanghai
Municipal Finance Bureau jointly with Shanghai Municipal Commission of
Construction and Communications Administration and Shanghai Municipal Housing,
Land and Resources Administration.
Chapter VI Administration of Supply and Transaction
Article 20
Real estate development enterprises shall, according to supply mode and
selling price clearly defined in the construction project agreements on
Accessory Housing or Moderate and Low-priced Housing, sell in advance or sell
commodity houses.
For Accessory Housing or Moderate and Low-priced Housing to be sold in
advance, the advance-sale permit of commodity houses shall be obtained. The
advance-sale permit shall clearly indicate¡°Accessory Housing¡±or¡°Moderate and
Low-priced Housing¡±.
Article 21
Shanghai Municipal Commission of Construction and Communications
Administration shall, jointly with Shanghai Municipal Housing, Land and
Resources Administration work out the annual supply plan of Accessory Housing,
according to the overall annual construction plan of Accessory Housing
constructed under overall arrangements for the whole Municipality and a certain
proportion of the total amount of house demolition and relocation for major
engineering construction projects and projects of reforming key old areas in the
whole Municipality.
Where the resettlement housing sources for the demolition and relocation as
required by construction projects are listed in the annual supply plan of
Accessory Housing, the relevant competent departments of the district/county
governments in the localities of the projects shall, after the construction unit
of the project obtains the approval of the filing of the planning of
construction projects, submit an application for utilization of housing to
Shanghai Municipal Commission of Construction and Communications Administration,
and housing sources shall be allocated upon the approval the approval made by
Shanghai Municipal Commission of Construction and Communications Administration
jointly with Shanghai Municipal Housing, Land and Resources Administration.
Provisions of the drawing up of the supply plan of Accessory housing and the
application for and approval of utilization of houses, shall be separately set
by district/county governments themselves.
Article 22
Accessory Housing shall be supplied in priority to poverty-stricken families
due to key engineering projects of the relocation base of urban construction
with stress on major engineering projects and the matter shall be handled
according to the procedure of making the housing sources known to the public,
accepting applications, checking and ratifying the conditions, drawing up the
supply sheet and signing the advance-sale (sales) contracts for Accessory
Housing.
District/county governments shall set provisions on and announce the specific
supply objects and supply procedure for Accessory Housing.
Article 23
Shanghai Municipal Housing, Land and Resources Administration shall,
according to the annual construction plan of Moderate and Low-priced Housing and
the demand situation of each district/county, work out the annual supply plan of
Moderate and Low-priced Housing, and each district/county shall, according to
the plan, arrange the utilization in time.
The supply of Moderate and Low-priced Housing shall adopt the method of
combining district/county self supply in dominance and overall supply
arrangement for the whole Municipality as the supplement. Where self constructed
projects can basically satisfy the demand in the local area, the district/county
shall organize the supply by itself; if the self constructed projects cannot
satisfy the demand in the local area, Shanghai Municipal Housing, Land and
Resources Administration shall make unified arrangements for housing sources.
Article 24
Any families who simultaneously meet the following conditions may apply to
purchase one suite of Moderate and Low-priced Housing:
1. Having obtained permanent residence status of town/township in this
Municipality for a fixed number of years;
2. The disposable income per capita of a family is below the prescribed
criteria.
3. The floor space per capita of a family is below the prescribed criteria.
The specific conditions prescribed in the proceeding paragraph shall be
separately formulated by Shanghai Municipal Housing, Land and Resources
Administration.
The purchase of Moderate and Low-priced Housing shall be handled in
accordance with the procedures of making public information on housing sources,
filling in the application form for purchase, examining and verifying the
conditions for purchase, opening information on the application for purchase,
taking out the permit of purchase, taking turns to wait for purchase and signing
the advance-sale contract. Shanghai Municipal Housing, Land and Resources
Administration shall formulate and promulgate the¡°Procedures on the
Administration of the Supply and Transaction of Moderate and Low-priced
Housing¡±.
Article 25
The residents relocated owing to the house demolition and families with
moderate and low-income that meet the conditions prescribed in these Procedures,
may purchase Accessory Housing or Moderate and Low-priced Housing, and may also
lease Accessory Housing or Moderate and Low-priced Housing.
Shanghai Municipal Housing, Land and Resources Administration shall formulate
and promulgate the specific procedures on the leasing of Accessory Housing or
Moderate and Low-priced Housing.
Article 26
Real estate development enterprises shall issue to buyers of Accessory
Housing or Moderate and Low-priced Housing¡°Guarantee for the Quality of
Newly-built Residential Housing in Shanghai¡±and¡°Manual for Newly-built
Residential Housing in Shanghai¡±, and undertake responsibility for guaranteed
repairs according to law.
Article 27
Buyers of Accessory Housing or Moderate and Low-priced Housing shall attend
to the real estates registration according to the provisions set in
the¡°Regulations on the Real Estate Registration in Shanghai¡±. The real estate
registration agency shall, in the¡°remarks¡±column of the real estate title deed,
indicate the wording¡°Accessory Housing¡±or¡°Moderate and Low-priced Housing¡±.
Article 28
Accessory Housing or Moderate and Low-priced Housing shall not be transferred
or leased within 5 years from the date of receipt of the real estate title deed.
In case the house owner really needs to transfer the house within 5 years
from the date of receipt of the real estate title deed, he/she shall make
application to Shanghai Municipal Housing, Land and Resources Administration or
the district/county land and resources administrative department, and the said
administration or department shall purchase back the house in accordance with
the prescribed price.
Those who transfer their Accessory Housing or Moderate and Low-priced Housing
after 5 years from the date of receiving the real estate title deed, shall pay
the government their income in certain proportion to the price difference
between the then ordinary commodity housing in the same road section and
Accessory Housing and Moderate and Low-priced Housing. The specific proportion
shall be separately provided by the municipal government.
Chapter V Supplementary Provisions
Article 29
The construction, supply and administration of Accessory Housing for
resettlement of peasants in the house demolition and relocation shall be handled
by reference to these Procedures.
Article 30
Shanghai Municipal Housing, Land and Resources Administration is responsible
for the interpretation of these Procedures.
Article 31
These Procedures shall become effective on the date of their printing and
distributing. The construction projects of Accessory Housing and Moderate and
Low-priced Housing put on file before the implementation of these Procedures
shall be executed in accordance with these Procedures.
Shanghai Municipal Housing, Land and Resources Administration
November 15, 2005
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