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Measures of Guangzhou Municipality for the Supervision and Administration of Housing Transactions

2024-04-10 16:28
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  (Issued on September 4, 2014 in accordance with Decree No. 106 of the People’s Government of Guangzhou Municipality, amended for the first time on November 15, 2021 in accordance with Decree No. 184 of the People’s Government of Guangzhou Municipality and amended for the second time on April 19, 2023 in accordance with Decree No. 199 of the People’s Government of Guangzhou Municipality)

  Chapter I General Provisions

  Article 1In order to strengthen the supervision and administration of housing transactions, standardize transaction behavior, ensure transaction safety, safeguard the legal rights and interests of transaction parties, and promote the healthy development of the real estate industry, in accordance with the Law of the People's Republic of China on the Administration of Urban Real Estate, the Regulations of Guangdong Province on the Administration of Advance Sales of Commercial Housingand other laws and regulations, these Measures are formulated on the basis of the actual conditions of this Municipality.

  Article 2These Measures shall apply to the housing transaction activities within the administrative region of this Municipality and the supervision and administration thereof.

  Article 3 The municipal housing and urban-rural development authority shall be responsible for the supervision and administration of housing transactions within the administrative region of this Municipality, and organize the implementation of these Measures.

  The municipal housing and urban-rural development authority may entrust its subordinate transaction affairs agencies to organize the implementation of administrative penalties related to housing transactions.

  The relevant authorities in charge of development and reform, planning and natural resources, market regulation, taxation, ecological environment, cyberspace, etc. shall work in coordination with the implementation of these Measures ex officio.

  Article 4 Housing transactions shall follow the principles of equality, voluntariness, fairness and integrity.

  The supervision and administration of housing transactions shall be based on combining strengthening management with service improvement, and combining administrative supervision with social supervision, so as to ensure the security, convenience, order and standardization of housing transactions.

  Article 5 The municipal housing and urban-rural development authority shall establish and improve this Municipality’s unified housing transaction information platform, formulate platform use rules, ensure platform information security, provide such services as housing transaction information inquiry, online signing and cancellation of transaction contracts, and supervise transaction funds.

  The housing transaction information platform shall be connected with the real estate registration system, the provident fund management system and the taxation system, and rely on the municipal government information-sharing platforms to realize the interconnection of housing transaction information sharing and management.

  The authorities in charge of housing and urban-rural development, planning and natural resources, taxation, etc. and their staff shall not take advantage of their positions to illegally obtain, provide, divulge or use housing archives and information related to housing transactions.

  Article 6 The housing and urban-rural development authority shall, in a timely and accurate way, release pre-sale licenses and housing status information, statistical information on the advance sale of newly-built commercial housing, statistical information on the sales of commercial housing, statistical information on the registration of existing housing, information on the real estate intermediary service agencies and their employees and other real estate market information.

  The housing transaction information released by the parties to the housing transactions and the real estate intermediary service agencies shall be true and legal.

  Chapter II Transaction Rules

  Section 1 General Provisions

  Article 7 The housing and urban-rural development authority shall formulate guidelines for the housing transaction process, and publicize them to the public through government websites or other Internet government media, government affairs windows, newspapers and periodicals, etc.

  The housing and urban-rural development authority shall strengthen the daily supervision and policy publicity of housing transactions, issue early warning reminders of transaction risks in proper time according to the real estate market conditions, and remind buyers to check the pre-sale licenses of commercial housing, pay attention to the status of housing mortgages, sign the online contracts in a timely manner, deposit the pre-sale payment into the special account for the pre-sale payment of commercial housing, etc.

  Article 8 Where a contract for the sale of newly-built commercial housing or existing housing has been concluded through the housing transaction information platform, any other sales contract with the housing as the trade object shall not be concluded through the housing transaction information platform, unless the housing transfer registration procedures have been completed or the contract has been rescinded. Where the municipal people’s government has other provisions on the transaction of non-residential existing houses between enterprises, such provisions shall prevail.

  The municipal housing and urban-rural development authority shall, in conjunction with the municipal administration for market regulation, formulate sample texts of the contract for the sale of newly-built commercial housing and the contract for the sale of existing housing, and guide the parties in the transaction to use the sample texts of the contracts. After the parties to the transaction reach an agreement through negotiation, they may modify and supplement the content of the sample texts of such contracts.

  Article 9 After the contract for the sale of newly-built commercial housing or the contract for the sale of existing housing is concluded through the housing transaction information platform, the house listing will be automatically locked on the housing transaction information platform.

  Where the contract for the sale of newly-built commercial housing or the contract for the sale of existing housing is terminated through negotiation between the two parties, both parties shall jointly apply for the house listing unlocking. Where the contract for the sale of newly-built commercial housing or the contract for the sale of existing housing is terminated by a valid legal document, the parties to the transaction may unilaterally apply for the house listing unlocking to the housing and urban-rural development authority on the strength of the valid legal document. The housing and urban-rural development authority shall complete house listing unlocking within 5 working days from the date of accepting the application; where the situation is complicated and needs to be investigated and verified, the handling shall be completed within 30 days from the date of accepting the application.

  Article 10 Real estate development enterprises, real estate intermediary service agencies and other relevant agencies as well as such online information release platforms as commercial websites and mobile device applications shall follow the Law of the People’s Republic of China on the Protection of Personal Information and the Law of the People’s Republic of China on the Protection of Consumers’ Rights and Interests when collecting, using, processing or transmitting personal information in the process of conducting housing transactions or providing services.

  Article 11 Where the house needs to be divided and transferred, the real estate change registration shall be handled first.

  Section 2 Transactions of Newly-built Commercial Housing

  Article 12 The sale of newly-built commercial housing includes the advance sale of commercial housing and the sale of completed commercial housing. For the advance sale of commercial housing, a commercial housing pre-sale license shall be obtained in accordance with the law, and for the sale of completed commercial housing, the first registration of ownership shall be completed, and other conditions stipulated by laws, regulations and rules shall be met.

  A real estate development enterprise applying for a commercial housing pre-sale license shall submit a commercial housing pre-sale plan. The commercial housing pre-sale plan shall include the basic information of the project, development and construction sequence, progress, and completion acceptance and delivery dates of the project and supporting public service facilities, information on whether the supporting public service facilities will be handed over to the government, sales plans of the project, sales methods, sales price lists, the establishment status of the special account for pre-sale funds, general plan of construction engineering design and other main contents. Where there is any change in the main content of the commercial housing pre-sale plan, the real estate development enterprise shall submit the changed commercial housing pre-sale plan in a timely manner.

  The real estate development enterprise shall reasonably determine the sales price of commercial housing in accordance with relevant regulations, and accept the guidance of the housing and urban-rural development authority.

  Article 13 For a commercial housing project that has not obtained a commercial housing pre-sale license, real estate development enterprises shall neither carry out the advance sale, nor collect earnest money, down payment, deposits and other fees from the buyers directly or in a disguised form.

  When a real estate development enterprise and its entrusted sales agencies sell commercial housing, the sales price shall not exceed that specified on the sales price list, nor shall the price be increased in disguised forms, such as in the name of decoration fee.

  Except for the fees paid by the real estate development enterprises, entities and individuals that provide commercial housing sales services for real estate development enterprises shall not collect e-commerce fees, group purchase fees, service fees, consulting fees and other fees from the buyers in disguised forms under the name of the intermediary service.

  Real estate development enterprises shall not force buyers to purchase parking spaces, accept decoration, or accept mortgage, legal services and other paid services provided by third-party service agencies.

  Article 14 For commercial housing projects that have not obtained the commercial housing pre-sale license, no entity or individual may place commercial housing pre-sale advertisements. The commercial housing pre-sale advertisements shall indicate the serial number and issuing authority of the commercial housing pre-sale license.

  The name of the project and the usage of the housing in the commercial housing sales advertisements and publicity materials shall be consistent with those recorded in the commercial housing pre-sale license or ownership registration information. Commercial housing sales advertisements and publicity materials shall be true and legal, and shall not contain the following contents:

  (1) Commitments of appreciation or investment return;

  (2) Indicating the location of the project by the time taken from the project to a specific reference object;

  (3) Violating relevant national regulations on price management;

  (4) Misleading or deceiving the public by making false, exaggerated or incomplete propaganda about education, medical care, transportation and other supporting public service facilities;

  (5) Other contents that violate laws and regulations.

  Article 15 When a real estate development enterprise sells commercial housing, it shall publicize the following items in writing at a prominent position at the sales site, and the period of publicity shall be from the sales commencement date of commercial housing until all sales are completed:

  (1) The commercial housing pre-sale license or the certificate that the first registration of ownership has been completed for the commercial housing;

  (2) The commercial housing sales plan and sales progress control table, the planned quantity, location, rental and sales methods, rental standard and sales price of parking spaces and garages within the building zone, whether the shuttle bus service has been launched for the buildings and the specific plan of the routes, stops and withdrawal time;

  (3) Price lists and price-related information publicity forms;

  (4) Contracts for the sale of commercial housing and its annexes;

  (5) The review and approval of the architectural engineering design scheme and the general plan approved by the authority for planning and natural resources, and the location and width of the urban public roads within the building zone and directly adjacent to the area outside the building zone indicated in the building sand table, as well as the function, purpose, specific location, scale and quantity and the like of the supporting public service facilities within the building zone, such as garbage collection stations, garbage compression stations, renewable resource recovery spots, substations, public restrooms, medical and health service institutions, kindergartens, primary schools, middle schools, fire stations, police stations, gas supply stations, the first and last bus stops, wet markets, social parking lots etc.

  (6) The realty management matters, such as the scope of the realty service area and the text of the filed preliminary realty service contract;

  (7) Power of attorneys for intermediary services;

  (8) Quality guarantees and instruction manuals for commercial residential housings;

  (9) Environmental factors that may affect the residents of the residential project within 200 meters of the boundary line of the residential project, such as exhaust gas, noise, smoke dust, etc.;

  (10) Information on the green building grade, energy consumption indicators, energy-saving measures and protection requirements, and the warranty period of the thermal insulation works of the housing;

  (11) Risk warning of commercial housing transactions;

  (12) Other matters stipulated by laws and regulations.

  Article 16 A real estate development enterprise shall, in accordance with the relevant provisions on clearly marked prices for the sale of commercial housing, publicly indicate the price of each commercial house, relevant charges and other factors closely related to the price of a commercial house in the form of price lists and price-related information publicity forms.

  Article 17 When a real estate development enterprise sells commercial housing, it shall not refuse or restrict the buyers’ choosing to pay the purchase price through a housing provident fund loan.

  Article 18 Before applying for a commercial housing pre-sale license, a real estate development enterprise shall open a special account for commercial housing pre-sale funds in accordance with the agreements signed with the bank and the housing and urban-rural development authority. The real estate development enterprise shall use the special account for commercial housing pre-sale funds to collect and deposit the commercial housing pre-sale payment.

  The opening bank of the special account for commercial housing pre-sale funds shall, in accordance with the provisions of laws, regulations and rules and the agreements signed with the real estate development enterprise and the housing and urban-rural development authority, collect and transfer the commercial housing pre-sale payment, and enter and update the relevant information in the pre-sale payment supervision system for commercial housing regarding the collection and use of the funds in the special account for commercial housing pre-sale funds in a timely manner.

  After the main works of the project and the supporting public service facilities for which the real estate development enterprise is responsible have passed the completion acceptance, the real estate development enterprise may go through the cancellation procedures for the special account for commercial housing pre-sale funds on the strength of the completion acceptance documents of the project.

  Article 19 The real estate development enterprise and the buyer shall, in accordance with the provisions in the contract for the sale of commercial housing, deposit the due and payable purchase payment into the special account for commercial housing pre-sale funds; where the buyer purchases a house through a mortgage loan, the loan bank shall directly transfer the mortgage payment for the house into the special account for commercial housing pre-sale funds.

  A real estate development enterprise shall not create guaranty liability on the pre-sale payment in the special account for commercial housing pre-sale funds.

  Article 20 When a real estate development enterprise applies for the use of commercial housing pre-sale payment according to legal purposes, it shall submit to the housing and urban-rural development authority an application form for approval of funds, a declaration of the legal representative, and corresponding materials that meet the following provisions:

  (1) For the first application, submit the review and approval of the architectural engineering design scheme and the general plan drawings approved by the authority for planning and natural resources;

  (2) Where it is used to pay for the project, submit the construction contract related to the payment or the invoice of the payment for the project;

  (3) Where it is used to pay for materials or equipment, submit materials or equipment purchase contracts;

  (4) Where it is used to pay taxes or fiscal charges of the project, submit tax payment vouchers, fiscal charge notices, or vouchers for statutory fiscal charges and taxes already paid;

  (5) Where it is used to refund the purchase payment, submit the agreements on rescission of the contract between the buyer and the seller, the buyer’s payment notice for the purchase of the house, the buyer’s ID card, and the buyer’s bank passbook or bank card;

  (6) Other materials that can prove that funds are required for legal purposes.

  The housing and urban-rural development authority shall notify the applicant of the approval result in writing or through an electronic official document within 4 working days after the acceptance.

  Article 21 Before the main works of the commercial housing project and the supporting public service facilities for which the real estate development enterprise is responsible are completed, the commercial housing pre-sale payment shall only be used to purchase the necessary building materials and equipment for the construction of the project, and to pay the construction progress payment and statutory taxes and fees, and shall not be used for other purposes.

  The housing and urban-rural development authority shall, in accordance with the following provisions, verify the use limits and retention ratio of the commercial housing pre-sale payment:

  (1) Before the main structure of the project is capped, the retention ratio shall be 8% of the cumulative pre-sale payment approved for use;

  (2) After the main structure of the project is capped and before the scaffold is removed, the retention ratio shall be 6% of the cumulative pre-sale payment approved for use;

  (3) After the scaffold of the project is removed, and when the construction progresses to the stage of interior and exterior decoration and equipment installation, the retention ratio shall be 3% of the accumulated pre-sale payment approved for use.

  Article 22 A real estate development enterprise that changes the architectural design of the pre-sold commercial housing project, such as the floor area, building height, facade, number of floors, building structure, house layout purpose, etc. shall go through the formalities for changing the commercial housing pre-sale license in accordance with the law; where planning management permission matters are involved, approval from the authority for planning and natural resources shall also be obtained.

  For the changes stipulated in the preceding paragraph, the real estate development enterprise shall obtain the consent of the relevant buyers; where the relevant buyers do not agree on the changes, it may be handled in accordance with the relevant laws, regulations and contractual stipulations.

  Article 23 When the parking spaces and garages planned for parking motor vehicles in the real estate development project are sold, the needs of the owners within the building zone shall be met first. The building zoning may be based on the red lines marked on the construction land planning permit, public facilities/equipment, community construction, etc.

  When the development entity sells parking spaces and garages, it shall formulate a sales plan, explaining the planned quantity, distribution, price and other details of the parking spaces, and publicize the sales plan and relevant property rights certification documents at the conspicuous positions of the entrances and exits of the complex and garages within the building zone for 30 consecutive days before the public sale. Parking spaces and garages shall be sold in public ways, such as the rolling-ball lottery method.

  The development entity shall upload the sales plan, publicity and other relevant information through the housing transaction information platform 5 days before the public sale of parking spaces and garages.

  Section 3 Transactions of Existing Housing

  Article 24If a real estate intermediary service agency accepts the entrustment of a house seller to release house sale information, it may verify such house sale information through the housing transaction information platform to obtain the house code.

  Under any of the following circumstances, the real estate intermediary service agency shall remove the house sale information from the release channel within 2 working days:

  (1) The contract for the sale of existing housing has been signed for the house entrusted for sale;

  (2) The seller cancels the entrustment;

  (3) The term of entrustment expires.

  Article 25 Such online information release platforms as commercial websites and mobile device applications shall perform the information review responsibility for the house sale information released on the platform, establish a house sale information complaint and reporting mechanism, ensure the truth and accuracy of the house sale information, and take such necessary measures as deletion or blocking for false information released on the platform in a timely manner.

  Article 26 When providing intermediary services for housing transactions, real estate intermediary service agencies and their employees shall truthfully inform the parties of the relevant information on housing transactions and relevant provisions of the Municipality’s real estate policies, and shall not provide services for housing transactions that violate laws, regulations, rules and policies.

  When real estate intermediary service agencies and their employees provide housing transaction services, they shall check the following matters in accordance with the law and notify the parties in writing:

  (1) The information about the natural status of the real estate and the restrictions on rights as seizure and mortgage, provided by the real estate registration information inquiry agency;

  (2) The right to dispose of the house by the party who sells the house;

  (3) The identity and the authorized scope of the parties and their agents;

  (4) Whether the real estate intermediary service agency and its employees have an interest relationship with the parties concerned.

  The house condition statement prepared by the real estate intermediary service agency shall be uploaded to the housing transaction information platform.

  The municipal and district departments in charge of housing and urban-rural development shall publicize the Municipality’s policies related to housing transactions, the house condition statement and sample texts of the notice of housing transaction matters and on portal websites and the housing transaction information platform.

  Article 27 For the transactions of existing housing facilitated by a real estate intermediary service agency, the agency shall assist the transaction parties to go through the online transaction formalities of existing housing, unless otherwise agreed in writing by the parties to the transaction of existing housing.

  For a transaction of existing housing concluded by the parties themselves, both parties to the transaction may log on to the housing transaction information platform or a contract service spot designated by the housing and urban-rural development authority to go through the online transaction formalities of existing housing and upload the house condition statement.

  The transaction information of existing housing entered by real estate intermediary service agencies and housing transaction parties through the housing transaction information platform shall be true and accurate.

  Article 28 Where both parties to a transaction of existing housing voluntarily choose the custody of the transaction funds, they may choose to transfer the transaction funds through the account for custody of transaction funds of existing housing established by a commercial bank or a third-party entity with a financial business license.

  Real estate intermediary service agencies and their employees shall not collect and manage transaction funds of existing housing as agents.

  Chapter III Supervision and Inspection

  Article 29 The housing and urban-rural development authority shall establish a network supervision platform, improve the law enforcement inspection system, and strengthen the supervision and inspection of housing transactions through routine inspections, acceptance of complaints and reports, etc.

  Article 30 The housing and urban-rural development authority has the right to conduct law enforcement inspections in the following ways:

  (1) Enter the office premises, business premises and construction project sites of real estate development enterprises, real estate intermediary service agencies and other inspected objects for inspection;

  (2) Inquire of the staff of real estate development enterprises and real estate intermediary service agencies, and request them to explain the relevant inspection items;

  (3) Check and copy the documents and materials related to the inspection items of real estate development enterprises and real estate intermediary service agencies;

  (4) Investigate and know about the situation from other relevant personnel;

  (5) Other inspection methods stipulated by laws, regulations and rules.

  When implementing law enforcement inspections, the housing and urban-rural development authority shall, in accordance with the law, take photos, videos and other audio-visual recordings of administrative law enforcement processes that are likely to cause disputes, such as on-site inspections, random inspections, investigation and evidence collection, document delivery, etc.

  Where the housing and urban-rural development authority needs to take such measures as registration and preservation of evidence in advance when conducting law enforcement inspections, it shall be handled in accordance with the Law of the People's Republic of China on Administrative Penalty, the Administrative Coercion Law of the People’s Republic of China and other regulations.

  Article 31 Real estate development enterprises, real estate intermediary service agencies, other inspected objects and relevant practitioners shall cooperate with the supervision and inspection of the housing and urban-rural development authority, truthfully state the facts and provide relevant materials.

  Article 32 The housing and urban-rural development authority shall strengthen the credit management of real estate development enterprises, real estate intermediary service agencies and their employees in accordance with the law, and establish and improve credit files.

  The credit files mentioned in the preceding paragraph shall include the basic information, business development, rewards, complaints, administrative penalties and other information of real estate development enterprises, real estate intermediary service agencies and their employees.

  Article 33 The following acts of real estate development enterprises shall be included in the scope of housing transaction credit management according to law:

  (1) Publicity of commercial housing sales and release of housing transaction information;

  (2) Submission and publicity of the commercial housing pre-sale plan;

  (3) Clear marking of the sale prices of commercial housing;

  (4) Announcements of matters related to commercial housing sales;

  (5) Preparation and signing of contracts for the sale of commercial housing;

  (6) Handling of advance notice registration formalities for the pre-sale commercial housing;

  (7) Assisting in handing the formalities for purchasing houses with housing provident fund loans;

  (8) Collection and use of pre-sale payment for commercial housing;

  (9) Sales of parking spaces and garages;

  (10) Situations of the handover of supporting public service facilities;

  (11) Other matters.

  Article 34 The following acts of real estate intermediary service agencies and their employees shall be included in the scope of housing transaction credit management according to law:

  (1) Release of housing transaction information;

  (2) Conclusion of real estate intermediary service contracts;

  (3) Inspection and notification of prescribed matters;

  (4) Use of the housing transaction information platform;

  (5) Confidentiality of the parties’ information;

  (6) Situations of the fulfillment of contractual obligations and provision of intermediary services;

  (7) Assisting the transaction parties to go through the formalities for online transactions of existing housing, realty registration, loan application, etc.;

  (8) Other matters.

  Article 35 The housing and urban-rural development authority shall collect and include the credit information of real estate development enterprises, real estate intermediary service agencies and their employees into the municipal public credit information management system, and publicize such information and provide inquiry services to the public through such government websites as “Credit Guangzhou”.

  Article 36 Consumer rights protection organizations, volunteer organizations, relevant industry associations, news media and other institutions, and the public are encouraged to participate in the supervision of housing transactions.

  Chapter IV Legal Liability

  Article 37 Where a real estate development enterprise violates the provisions of Paragraph 1 of Article 12 and Paragraph 1 of Article 13 herein, carrying out the advance sale of commercial housing without obtaining a commercial housing pre-sale license, it will be punished by the housing and urban-rural development authority according to the Regulations on Urban Real Estate Development and Management Control.

  Where a real estate development enterprise violates the provisions of Article 15 herein, failing to publicize relevant matters in a prominent position at the sales site for the sale of commercial housing as required, it will be punished by the housing and urban-rural development authority according to Regulations of Guangdong Province on the Administration of Advance Sales of Commercial Housing.

  Article 38 Where an entity or individual violates the provisions of Article 14 herein and falls under any of the following circumstances, it will be punished by the housing and urban-rural development authority according to the Advertising Law of the People’s Republic of China and the Rules on the Release of Real Estate Advertisements:

  (1) Commercial housing pre-sale advertisements are published for commercial housing projects that have not obtained commercial housing pre-sale licenses;

  (2) The serial number and issuing authority of the commercial housing pre-sale license are not indicated in the commercial housing pre-sale advertisements;

  (3) The project names, house usage and other details in the commercial housing sales advertisements and publicity materials are inconsistent with the content recorded in the commercial housing pre-sale licenses or ownership registration information;

  (4) The content of commercial housing sales advertisements and publicity materials violates regulations.

  Where a real estate development enterprise violates the provisions of Article 16 herein and fails to clearly mark the price as required, or fails to publicly indicate the price of commercial housing, relevant charges and other factors closely related to the price of commercial housing, it will be punished by the administrations for market regulation according to the Pricing Law of the People's Republic of China.

  Article 39 Where the opening bank of the special account for the pre-sale funds of commercial housing violates the provisions of Paragraph 2 of Article 18 herein, and fails to collect and transfer the pre-sales payment of commercial housing in accordance with laws, regulations, rules and agreements, or fails to enter and update the relevant information on the housing transaction information platform regarding the collection and use of the funds in the special account for commercial housing pre-sale payment in a timely manner, the housing and urban-rural development authority shall order it to make corrections within a time limit, investigate it for legal responsibility in accordance with laws, regulations, rules and agreements, and inform its superior banks and the local banking and financial institution supervision authority of its failure to perform the agreements.

  Article 40 Where a real estate development enterprise violates the provisions of Paragraph 1 of Article 18, Article 20 and Article 21 herein, and falls under any of the following circumstances, it will be punished by the housing and urban-rural development authority according to the Regulations of Guangdong Province on the Administration of Advance Sales of Commercial Housing:

  (1) Failing to use the special account for the pre-sale funds of commercial housing to collect and deposit pre-sale payment as required;

  (2) Providing false information to obtain approval for the use of the pre-sale payment;

  (3) Failing to use the pre-sale payment for the prescribed purpose or misappropriating the pre-sale payment for other purposes.

  Article 41 As a violation of the provisions of Article 23 of these Measures, where the parking spaces and garages constructed in the building zone are sold without first meeting the needs of the owners in the building zone, penalties will be imposed by the housing and urban-rural development authority according to the Regulations of Guangzhou on Parking Lots.

  Article 42 Where such online information publishing platforms as commercial websites and mobile device applications violate the provisions of Article 25 herein and release false housing listing information, they will, after being identified by the housing and urban-rural development authority, be dealt with by the cybersecurity and informatization authority in accordance with the law.

  Article 43 Where the relevant authorities and their staff violate the provisions herein and fail to perform their duties according to law, the competent authorities shall order them to make corrections, and the liable leaders and persons directly in charge shall be punished according to law; the criminal liabilities shall be investigated for according to the law if a crime has been constituted.

  Chapter V Supplementary Provisions

  Article 44The term “housing” herein refers to the houses on state-owned construction land.

  The term “newly-built commercial housing” herein refers to the houses developed, constructed and used for transactions by real estate development enterprises according to the construction project planning on the land that has obtained the right to use state-owned land.

  The term “existing housing” herein includes commercial houses that have undergone transfer registration and obtained realty ownership certificates, and houses that are self-built on state-owned construction land and have obtained realty ownership certificates.

  The term “housing transaction” herein refers to the act of buying and selling houses and related real estate intermediary services.

  The term “real estate intermediary service agencies” herein refers to the agencies that provide consulting, intermediary, agency and other business services for development and operation, house transactions, mortgage loans and registration of real estate.

  Article 45 The sales, transactions and supervision of transaction funds of affordable housing and price-limited commercial housing shall be implemented with reference to these Measures.

  Article 46 These Measures shall come into force on December 20, 2021.