In response to a statement of collective price increases by individual owners of the phoenix of the shenzhen sea, on 17 december, the housing and urban and rural construction department of boang district, shenzhen city, issued an official communiqué, which seriously contradicted the central government's “consisting that the house is intended for housing and not for fire”. In view of the negative social impact on the health of the real estate market in the pouan district, it is necessary to suspend the signing of the network of second-hand houses in the district。
According to previous reports, the price hikes of the second-hand homeowners in shenzhen, who had risen this time, have gradually spread from individual buildings in the original southern mountains to many areas such as fukuda, yonggan and longhua. The increase in the number of owners was surprising, and the prices of houses had risen by 30 per cent a month. In april/may last year, in hangzhou, nanjing, etc., there were similar joint increases in home prices for used home owners。
In response to this phenomenon, there was a general view in the legal profession that the acts of the owners were not unlawful. The reason is that under article 39 of the property act, the owner has the right to possession, use, proceeds and disposition of his own immovable or movable property in accordance with the law. Only collective increases in housing prices by operators such as real estate developers, housing intermediaries and practitioners would constitute a violation of the existing legal provisions。
In other words, there is no legal basis for the current collective increase in the house price of the owners. Hangzhou and others have not previously identified such owners. In shenzhen, however, five specific measures were introduced in response to the collective price hikes issued by the owners, which, once implemented, could be described as creating a precedent for punishing the owners of collective increases. Such a search would naturally be controversial, and there would naturally be opponents。
From the standpoint of implementing the spirit of “homelessness” and maintaining market order, the housing department of boang district in shenzhen city conducts interviews, suspends second-hand house nets, blacklists and studies on measures that restrict the purchase and sale of housing and access to public housing benefits, which are necessary to prevent the negative impact of collective increases in housing prices by owners。
However, since the punishment of the owner is currently lacking in legal grounds, the above-mentioned measures are questionable. How can the actions of owners be legitimately and legitimately regulated? – the means of restraint may include certain administrative penalties, but may also be achieved through the imposition of capital gains taxes and vacant taxes。
Among the measures taken to deal with the shenzhen district, some are positive, such as the strict prohibition of intermediaries from engaging in malicious bid for house prices, the suspension of online signature powers and the inclusion of names on the industry's confidential blacklist. Because behind the collective rise in home prices by owners, it is likely that there are “black hands” of some intermediaries. There is no objection to the legal basis for the investigation and prosecution of violations committed by intermediaries。
For example, official circulars show that the average exchange price for the phoenix district in china was $4766. 4/m2 in january-november 2019. Since the beginning of this year, 25 pre-sale commodity houses have been approved for sale in the bouan area, with an additional supply of 12,361 units, totalling more than 1. 3 million square metres, with adequate market supplies. This has addressed information asymmetries and has had a deterrent effect on collective increases in home prices by owners。
