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Legal and Regulatory

New regulations on real estate developer are launched
By AMY CHEUNG
Published: August 01, 2006 12:00 AM
Starting August 1, real estate developers are required to include property pricing, target group, and other sales restrains in their land acquisition proposals, the Beijing Times reported.   The Ministry of Land and Resources said that the new regulations are part of the government’s efforts to curb the overheating real estate sector and cool down the rising prices through tightening control over land acquisition.   The new regulations allow this Ministry, together with urban planning and construction ministries, to determine the median for pricing and other terms and conditions that should be drafted in the official land acquisition proposals. They are to be approved by the provincial government before public circulation. Only the developers who can fulfill all the pricing, sales and construction constrains will be able to acquire the land.   The new measures also strengthen the Ministry’s control and supervision over the execution of land contracts. The Ministry would include binding sales constrains in the sales contracts to ensure the land provided by the government will not be the allocated for excessive-priced real estate. If the developers break the contract by transferring the land or raise the price level, they are held responsible.   Developers question whether the new regulations are fair because they aim at limiting projects’ profitability.   A developer said that since the new regulations authorize the Ministry to draft the land sales proposals for  approval by the local government, it is difficult to ensure interests of both parties are maximized or guaranteed. This will directly affect developers’ profitability.   According to the financial figures of real estate corporations in 2005, listed developers such as Vanke had profit margin around 30 percent in the last two years, which were unaffected by the rising land prices.
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