Archived（May 31, 2018）
(Promulgated by the Shenzhen Municipal People’s Government on January 19, 1991, and promulgated after revision on January 29, 1994；revised by Decree No 135 of Shenzhen Municipal People’s Government on August 26, 2004)
Chapter I General Provision
Article 1 In order to strengthen the administration of the prices of the realty market of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), these measures are hereby formulated in accordance with the related rules of the state and in the light of the specific conditions of the Special Zone.
Article 2 The realty referred to in these measures shall mean house property and landed estate; realty appraisal shall mean the evaluation and determination of the value, price, and rent of house property and landed estate.
Article 3 Practicing realty appraisal as a business shall follow the principle of justice and impartiality, seeking truth from facts, and reasonable calculation of prices.
Article 4 The Shenzhen Municipal Bureau of Planning and Land shall be the responsible administrative department for realty appraisal (hereinafter referred to as the responsible department). The Shenzhen Municipal Agency of Realty Appraisal (hereinafter referred to as the municipal appraisal agency) shall be the functional institution for realty appraisal. The appraisal letters of realty price, realty appraisal reports, mediation papers of realty price, and award notices on realty price dispute issued by this agency in accordance with these measures shall be taken as the basis for determining the realty value.
Chapter II Municipal Realty Appraisal Agency
Article 5 The duties of the municipal appraisal agency shall be as follows:
(1) to evaluate and determine the market value of various realties for transferring, leasing, and mortgaging;
(2) to handle the appraisals prescribed in the standards of real estate administration, issue appraisal letters of realty price or rent;
(3) to accept the delegated authority to make an appraisal of the realty related to requisition, repossession of land, issue a realty appraisal report;
(4) to forecast the real estate market, do research in the relationship of the change of market prices with the realty prices, release the indexes of realty appraisal, rent, and construction cost, and direct the other service agencies for realty appraisal in their work;
(5) to mediate and arbitrate the disputes over various realty prices and rents, issue mediation papers of realty price, award notices on realty price disputes;
(6) to be responsible for professional administration of service agencies for realty appraisal;
(7) to provide the other services for realty appraisal.
Article 6 Only those appraisal documents issued or confirmed throughexamination by the municipal appraisal agency shall be taken as the valid documents for the following items of realty appraisal:
(1) those involving the compensation for land requisition, repossession by the state and the related demolition;
(2) the related base prices, announced prices of the real estates in this city;
(3) the appraisal of the realty mortgaged to a national specialized bank.
Article 7 When making a realty appraisal, the staff members of the municipal
appraisal agency shall have the right to look up the budgets and final accounts of buildings or structures, written contracts, working drawings, memos of agreement on bank loans; have the right to look up the related financial accounting materials and documents, to investigate and examine the business sites and facilities, and the related units, individuals shall give assistance.
Article 8 The realty prices and rent rates determined through appraisal made by the municipal appraisal agency and the other service agencies for realty appraisal which have been examined and approved by the municipal appraisal agency shall be taken as the basis for the related administrative departments to register, tax, and charge the related administration fees; the realty prices and rents accepted after mediation or decided through arbitration in accordance with these measures shall be binding on the parties concerned.
Article 9 The documents of realty appraisal issued by the municipal appraisal agency shall be signed by the head of the agency.
Chapter III Service Agencies for Realty Appraisal
Article 10 Service agencies for realty appraisal may be set up within the Special Zone to provide services of value appraisal and consulting.
Article 11 The following requirements shall be satisfied to apply for opening a service agency for realty appraisal:
(1) to have the articles of a service agency for realty appraisal;
(2) to have more than 3 professionals in realty appraisal;
(3) to have a regular site for service;
(4) to have equity capital of more than 30,000 RMB;
(5) to have a sound financial system.
Article 12 The following items shall be made clear in the articles of a serviceagency for realty appraisal:
(1) the name and address of the agency;
(2) the goals;
(3) the economic nature;
(4) the sum of registered capital;
(5) the scope of business and the way of doing business;
(6) the institutional framework and the name of the legal representative;
(7) the method of distribution
Article 13 The professionals in realty appraisal shall be those who holdprofessional qualification certificates for the specialty of proximate and budgetary estimates in construction, have more than 2 years of experience in realty appraisal, and be granted the certificates of professional qualifications for appraisal by the responsible department after passing the exams.
Article 14 The documents concerning realty appraisal issued by a service agency for realty appraisal shall be jointly signed by a professional holding the certificate of professional qualifications for realty appraisal with the agency’s legal representative, and the official seal of the service agency for realty appraisal shall be affixed in addition.
Chapter IV Procedure of Realty Appraisal
Article 15 When entrusting the municipal appraisal agency or a service agency for realty appraisal with realty appraisal, the party concerned shall sign an entrustment contract. The contents of the contract shall include: the subject matter, the contents of appraisal, expenses, and remuneration.
Article 16 The entrusting party shall provide the related documents, drawings, or certificates at the request of the municipal appraisal agency or service agency for realty appraisal. If the real estate under appraisal which has been entrusted with is not the property owned by the entrusting party, the party shall provide a certificate that the owner agree to have appraisal.
Article 17 The municipal appraisal agency or a service agency for realty appraisal shall appraise the subject matter according to the contract, issue the appraisal letters of realty price or realty appraisal report to the entrusting party.
Article 18 When believing that a realty appraiser has conflict of interests with the case, the enterprising party shall have the right to challenge the appraiser.
Article 19 If the entrusting party has refused to accept the result of appraisal made by the municipal appraisal agency or service agency for realty appraisal, questions may be raised within 5 days from the date of receiving the appraisal letters of realty price or realty appraisal report, and the municipal appraisal agency or service agency for realty appraisal shall make an examination and appraisal again according to the entrusting party’s questions.
Chapter V Procedure of Mediation and Arbitration of Realty Price Disputes
Article 20 An written application shall be submitted to the municipal appraisal agency to apply for mediation or arbitration of realty price (including rent) disputes, and the following items shall be made clear in the written application:
(1) the name, address of the complainant, the name, position of the legal representative;
(2) the name, address of the respondent, the name, position of the legal representative;
(3) the reason and demands of application;
(4) the certificate of ownership and the related engineering drawings, budgetary and final accounting documents, etc.
Article 21 Within 5 days from the date of receiving an application, the municipalappraisal agency shall make a decision whether to accept the case and notify the complainant in writing.
The municipal appraisal agency shall send a copy of the application to the respondent within 5 days from the date of accepting the case, and the respondent shall submit a statement of defense within 7 days from the date of receiving the copy of application.
Article 22 When mediators come to do on-the-spot investigation, the parties concerned and the related persons shall be notified to be present, and the related units may be invited to send people to give assistance if it is necessary. The time, place, and conclusion of the investigation shall be made clear in the investigation record, and the persons doing the investigation shall sign and seal the record.
Article 23 When dealing with the cases of disputes over realty prices, the municipal appraisal agency shall, on the basis of finding out facts and clarifying responsibilities, go for mediation first, urge the parties concerned to understand each other and reach an agreement. Both parties shall reach an agreement through mediation voluntarily and may not be forced to do so. The contents of the agreement may not violate law, regulations, rules, and policies, and may not damage the public interests and other people’s interests.
Article 24 In case of reaching an agreement through mediation, a mediation paper shall be worked out to record clearly the names of the parties concerned, the main facts and responsibilities of the dispute, the contents of the agreement, and the cost bearing, etc. The mediation paper shall be signed by the parties concerned and mediators, and affixed with the seal of the municipal appraisal agency in addition.
Article 25 After receiving the mediation paper, both parties concerned shall implement it voluntarily. If an agreement has not been reached in mediation or before receiving the mediation paper one party or both parties have backed out, one party or both parties concerned may apply to the municipal appraisal agency for arbitration.
Article 26 If arbitrators believe they are not appropriate to deal with the case, they shall withdraw themselves; in case of finding out that arbitrators have conflict of interest with the case, the party concerned shall have the right to challenge them orally or in writing. The decision on challenge in arbitration shall be made by the head of the municipal appraisal agency.
Article 27 Before arbitration, the parties concerned shall be notified in writing of the time, place of arbitration. If the party concerned has refused to attend the meeting without justification after being twice notified, arbitration by default may take place.
Article 28 The following shall be made clear in an award of arbitration:
(1) the names, addresses of the complainant and respondent, the names, positions of their representatives or agents;
(2) the reason for application, the facts in dispute, and demands;
(3) the factual reasons and the law applicable which are held by the award;
(4) the findings of arbitration and the arbitration cost bearing;
(5) the time for the award to take effect.
The award of arbitration shall be signed by arbitrators and affixed with the seal ofthe municipal appraisal agency in addition.
Article 29 If the party concerned has refused to accept the award made by the municipal appraisal agency, legal action may be taken at the people’s court within 15 days from the date of receiving the award notice.
Chapter VI Realty Appraisers
Article 30 When performing duties, realty appraisers shall abide by the law, regulations, and rules of the state, scrupulously follow the principle of justice, objectivity, and seeking truth from facts. They shall be responsible for the accuracy, justice, and reasonableness of the realty appraisal certificates issued by them.
Article 31 Realty appraisers shall respect the wish of the party concerned and keep the materials obtained and learned from doing professional work secret.
Article 32 When engaging in appraisal of a real estate, a realty appraiser shall not acquire this real estate or gain other unlawful profits.
Article 33 If an applier or other parties concerned have given false or improper evidence, realty appraisers shall reject the evidence in performing their official duties.
Article 34 If any appraiser has violated work ethics and caused adverse consequences, an administrative sanction shall be imposed according to how serious the circumstances are; if the economic loss has been caused to the party concerned, the appraiser shall be held liable for compensation.
Chapter VII Fees Charged for Appraisal as a Business
Article 35 Service fees may be charged for realty appraisal, the standards to collect such fees shall be determined according to the sum of the realty value resulting from the appraisal; the maximum service fee shall be 0.6% of the sum of the realty value if this value is less than 1 million RMB (including 1 million RMB), 0.25% if this value is more than 1 million but less than 10 million RMB (including 10 million RMB), 0.08% if this value is more than 10 million but less than 50 million RMB (including 50 million RMB), 0.05% if this value is more than 50 million but less than 100 million RMB (including 100 million RMB), 0.01% if this value is more than 100 million RMB.
Article 36 Administration fees may be charged for mediation and arbitration of realty price disputes according to the following standards:
The administrations fee shall be 0.05% of the sum of the realty value if this value is less than 1 million RMB (including 1 million), 0.03% if this value is more than 1 million but less than 10 million RMB (including 10 Million RMB), 0.01% if this value is more than 10 million RMB.
The parties concerned from Hong Kong, Macao, or foreign countries shall pay foreign currencies.
If a sum of a realty value is in dispute, the sum demanded by the applier shall be taken as the standard, if there is a difference between the demanded sum and the actual sum, the actual sum shall be taken as the standard.
Article 37 The administration fee for mediation or arbitration shall be paid in advance by the applier, born by the losing party after the case has been settled, and divided proportionately if the case has ended in partial defeat.
Chapter VIII Supplementary Provision
Article 38 These measures shall take effect as of the date of promulgation, the Baoan District and the Longgang District shall refer to them in implementation.
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