Starting from August 1st! Adding Green Special Commitment Content to Shenzhen Commercial Housing Sales Contract

Source: Guangming Network

The model of Shenzhen commercial housing sales contract has added special green commitment content, specifying the green building grade that the project meets the Green Building Evaluation Standard (GB/T50378-2019), as well as the green building performance, building energy efficiency, Prefabricated building and other related indicators.

Recently, the Shenzhen Housing and Construction Bureau, in collaboration with the Shenzhen Market Supervision and Administration Bureau, officially released the 2023 version of the "Demonstration Text of Shenzhen Commercial Housing Subscription Letter", "Demonstration Text of Shenzhen Commercial Housing Sales Contract (Pre sale)", "Demonstration Text of Shenzhen Commercial Housing Sales Contract (First hand Housing for Current Sale)", and "Demonstration Text of Shenzhen Commercial Housing Sales Contract (Second hand Housing)" (hereinafter referred to as the "New Version Demonstration Text"), The new version of the demonstration text will be officially launched from August 1, 2023. The issuance and implementation of the new model text aims to further clarify the rights, responsibilities, and obligations of both parties in commodity housing transactions, safeguard their legitimate rights and interests, standardize the order of housing transactions, reduce transaction disputes, and promote the healthy and standardized development of the real estate market.

It is reported that the revision of the new version of the demonstration text mainly includes the following content:

In first-hand housing transactions, the new version of the demonstration text has refined the specific requirements for the disclosure of sales information of commercial housing, emphasizing the obligation of real estate development enterprises to explain and inform adverse factors within, outside, and design of the project, in order to protect the right to know of homebuyers; In response to disputes over exterior wall materials, public areas, and interior decoration that often arise in commercial housing transactions, the new version of the demonstration text further refines and clarifies the terms and attachments, strengthens the principles of comprehensive, truthful, effective, and easy to know housing information, and reduces unnecessary transaction disputes; In addition, the new version of the demonstration text has also added special green commitment content to clarify the green building grade of the project that meets the Green Building Evaluation Standard (GB/T50378-2019), as well as the green building performance, building energy efficiency, Prefabricated building and other related indicators.

The new version of the pre-sale contract demonstration text has added the option of "issuing the certificate upon delivery" in the obligation clause for housing certification, and both parties to the transaction can agree to simultaneously apply for the real estate ownership certificate when the house is delivered and admitted. The principle of 'issuing a certificate upon delivery' helps guide real estate development enterprises to fully consider the needs of homebuyers, effectively shorten the processing time for real estate ownership certificates, and provide more convenient services for homebuyers.

In second-hand housing transactions, the new version of the demonstration text has added a notification clause on the setting of residential rights in commercial housing, requiring sellers to fulfill their obligation to inform and avoid disputes caused by housing residential rights issues among buyers.

In addition, the new version of the demonstration text also adds a clause to protect the buyer's information, clarifying that the seller has a confidentiality obligation to the buyer's information. Without the written consent of the buyer, the seller, its sales personnel, and related staff are not allowed to disclose the buyer's information to the public.

The relevant person in charge of the Shenzhen Housing and Construction Bureau stated that, following the principle of equal rights and obligations between both parties involved in the transaction, the new version of the demonstration text pays more attention to the protection of the rights and interests of homebuyers, fully leveraging the normative and guiding role of the demonstration text in real estate transactions. The new version of the demonstration text will further standardize the behavior of both parties involved in transactions, improve transaction efficiency, reduce transaction disputes, and be conducive to regulating the business behavior of real estate market entities, improving the quality of housing and services, and providing a more fair, just, and open transaction environment for homebuyers and real estate development enterprises.