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楼花是指没有建成的楼宇（房屋），已奠地基但尚未有任何地面建筑的亦被视为楼花。依据法律规定，楼花是可以买卖的，即商品房预售制度。楼花接揭是银行、房地产、开发商和购房者三方共同参加房地产经营开发的一种融资活动。即购房者与房地产开发商签订楼花买卖合同后，购房者在与银行签订借贷合同时签订的一种担保合同，将其依楼花买卖合同取得楼宇（房屋）的期待权让渡给银行作为取得银行贷款的担保，是一种特殊形式的不动产抵押方式。目前，随着房地产开发业的蓬勃兴起，楼花按揭大量涌现，同时它所带来的纠纷也日益增多，如何规范楼花按揭制度，以及如何认定楼花按揭的法律效力以解决纠纷，成了摆在理论界、司法界面前的共同问题。
The uncompleted flats refer to buildings (houses) that have not been completed yet. They have been foundations but have not yet had any ground surface. They are also considered as uncompleted flats. According to the law, property sales can be bought and sold, that is, pre-sale of commercial housing system. The reception of uncompleted flats is a financing activity in which banks, real estate, developers and homebuyers participate in the development of real estate business. Namely, buyers and real estate developers sign the sales contract after the purchase, the buyer signed a loan contract with the bank signed a guarantee contract, according to its sales contract to obtain the building (housing) the right to assign to the bank as a bank Loan guarantees, is a special form of real estate mortgage. At present, with the rapid development of the real estate development industry, a large number of uncompleted flats have emerged. At the same time, the disputes it causes have also been on the increase. How to regulate the mortgage system and how to determine the legal validity of uncompleted flats to resolve disputes have become the key issues in the theory Community, common issues before the judicial interface.