Can Prefabricated Houses Be Transferred?

Prefabricated houses (pre-sold properties) can be transferred under specific conditions, but strict procedures and regulations must be followed. The specific conditions and procedures are as follows:

Transfer Conditions

1. Regulatory Approval and Developer Consent
   In principle, pre-sold commercial properties can only be freely transferred after completion, delivery, and obtaining the property certificate. However, some regions allow early transfer under specific conditions, such as the pre-sale contract being registered and filed, and the buyer having paid a certain proportion of the purchase price. If the purchase contract contains restrictions on transfer, or the developer, for project management and capital recovery considerations, requires written consent for transfer.

2. Payment Status

   • If the buyer has fully paid the purchase price, they only need to notify the developer when transferring the property;
   • If the purchase price is not fully paid or the property is pre-purchased on mortgage, the transfer must be notified to the developer or bank in advance and obtain their consent to ensure the stability of the loan relationship and the capital chain.

3. Compliance with Local Policies
   Different regions have varying regulations on the transfer of pre-sold commercial properties, which may involve restrictions on transfer time (e.g., prohibiting transfer before completion), adjustments to taxes and fees (e.g., value-added tax, deed tax), or additional approval requirements, subject to local policies.

Transfer Procedures

1. Signing a Transfer Agreement
   Both parties to the transfer must clearly agree on core terms such as the transfer price, payment method, and delivery time, and form a written agreement to ensure clarity of rights and obligations.

2. Notification and Review

   • The transferor must submit a transfer application and necessary supporting documents (e.g., purchase contract, payment vouchers) to the developer;
   • The developer or bank reviews the solvency of the transferee to avoid contract breaches or loan risks due to the transferee's credit issues.

3. Handling Change Procedures
   Go to the real estate transaction management department to handle the registration and filing procedures for the transfer agreement and change the name of the buyer in the pre-sale contract to ensure the legality of the transfer of legal relationships.

4. Filing and Registration
   After completing all legal procedures, the housing registration authority registers the transfer to ensure its legality and validity. If a pre-registration has been made, the housing registration authority will not accept the application for disposal registration without the written consent of the pre-registration right holder.

Special Circumstances

• If the pre-sale contract does not explicitly prohibit transfer, the transfer is usually handled after the house is completed and the property certificate is obtained;
• Before obtaining the property certificate, the buyer can negotiate with the developer to handle contract name change procedures, subject to local policy requirements;
• Taxes and fees (e.g., value-added tax, personal income tax) may be involved in the transfer process and must be paid according to local regulations.