Has Gu’an lifted purchase restrictions in 2022?

Dismissed. In meeting the reasonable capital needs of the real estate industry, it is proposed to increase investment in qualified personal housing mortgage loans to meet financing needs in a timely manner. Reasonably determine and promote the implementation of the minimum down payment ratio for commercial personal housing loans; for households purchasing ordinary self-owned houses with loans, the lower limit of commercial personal housing loan interest rates for their first homes is adjusted to no less than 20 basis points less than the market quoted interest rate for loans of the corresponding period. Efforts will be made to reduce the weighted average interest rate of newly issued personal housing loans in the city by 30 basis points in August 2022 compared with April; the lower limit of the interest rate policy for commercial personal housing loans for second homes will be implemented in accordance with current regulations.

At the same time, the down payment ratio of housing provident fund loans will be further reduced. If a deposit-paying employee uses a housing provident fund loan to purchase the family's first self-occupied house, the down payment ratio shall not be less than 20%. For deposit-paying employee families that own a house and have paid off the corresponding house purchase loan, if they apply for a housing provident fund loan again to purchase an ordinary self-occupied house, the down payment ratio shall not be less than 20%. For deposit-paying employee families that own a house but have not paid off the corresponding commercial personal housing loan, if they apply for a housing provident fund loan again to purchase an ordinary self-occupied house, the down payment ratio shall not be less than 30%.

In terms of fully ensuring the reasonable housing needs of introduced talents, the policy proposes that for imported high-end talents [the specific scope is determined by each county (city, district) based on actual conditions], various localities can purchase housing in their actual conditions. Subsidies will be provided for the first self-occupied house, and the maximum loan amount of the housing provident fund will be increased; for those who rent a house locally, rent subsidies will be provided.

In terms of opening up channels for resettlement housing, affordable rental housing and existing commercial housing, the policy is clear, supporting localities to implement city-specific policies based on local actual conditions, and using existing commercial housing as financing for shantytown renovation and urban village renovation and resettlement. An important channel for housing and financing affordable rental housing. Allow the resettled people to choose independently among monetary resettlement, physical resettlement in other places, and return resettlement.

Accelerate the construction of the "Internet lobby" model for housing transactions, promote the integrated application of "online service platforms and offline service windows", and improve the efficiency of online endorsement services for newly built commercial housing and existing housing. Through information sharing and window extension, the work of "arrival certificate issuance" of commercial housing will be gradually promoted. During the epidemic prevention and control period, real estate development companies and real estate brokerage institutions are encouraged to actively build trading platforms.

Is the purchase restriction policy illegal?

According to Article 8 of the Civil Code: "Civil subjects engaged in civil activities must not violate the law or violate public order and good customs." Public order, that is, the general interests of society, Including national interests, social and economic order and social public interests. Implement purchase restrictions on commercial housing to completely curb speculation and over-investment. It is the embodiment of public order. Therefore, house purchase behavior that violates the purchase restriction policy is an act that violates public order and good customs.

Therefore, the legal basis for the government’s purchase restriction policy is Article 8 of the Civil Code, so it is not illegal.

Legal Basis

"Six Policies and Measures to Support the Virtuous Cycle and Healthy Development of the Real Estate Industry",

Article 1

" Article 143 of the People's Republic of China and Civil Code

Civil legal acts that meet the following conditions are valid:

(1) Acts The person has the corresponding capacity for civil conduct;

(2) The expression of intention is true;

(3) It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs, so strictly speaking , the purchase restriction policy does not belong to the validity and mandatory provisions of laws and administrative regulations. Therefore, the house sales contract signed by both parties that violates the purchase restriction policy will not be invalid because of the violation of the purchase restriction policy.