Â, This report provides information on the real property law of China.  The questions addressed include whether individuals have a right to privately own and sell real property in China—specifically, whether a private individual can own a house and/or the land on which the house is situated and, if so, whether the private owner can sell or otherwise alienate his or her interest in the real property without restriction.  Â, The Constitution of the People’s Republic of China (PRC or China) provides for the protection of private property. ), However, individuals may privately own houses and apartments, i.e. According to the Migration Policy Institute, in 2014 there were more than 3.4 million undocumented immigrants who owned homes. the granted land-use rights were obtained by means that fail to meet the conditions of a proper grant; the real estate-related rights are frozen or otherwise restricted by the judicial or administrative authorities; the land-use rights are reclaimed by the state in accordance with law; the ownership of the property is under dispute; or. [16], According to the Constitution and the land laws, Chinese individuals cannot privately own land and natural resources.  The Constitution provides that land in urban areas must be owned by the state, whereas land in rural and suburban areas must be owned by the state or by local collectives. But homeowners cannot own the dirt beneath their houses. Every plot of land is technically owned by the state and can only be bought on a leasehold basis for up to 70 years. You can see this pattern repeat itself in Taiwan, HK and where responsible for everything that you post. Both urban land-use rights and home ownership are subject to registration.  The registration is performed by local authorities at or above the county level; certificates are issued to confirm the rights and ownership. As we mentioned, foreigners can legally own houses and other types of buildings, but they are prohibited from owning the land on which it sits. 10.) Yes, Chinese is a tough language, but bear in mind that it is not a blocking issue. Laws) 56. [33] Following the completion of this report, detailed rules regarding real estate registration, the Interim Regulations on Real Estate Registration, were published by the State Council on November 24, 2014, with an effective date of March 1, 2015. The Chinese property law stipulates that foreigners can only buy one property at a time, but they either have to study or work in China for a full year before being able to do so. Donate USA.gov, Official Registry of Land-Use Rights and Home Ownership, http://news.xinhuanet.com/english/china/2014-12/22/c_133870891.htm. Based on data from Zoocasa, analyzing how much a prospective homebuyer would need to earn in order to qualify for a mortgage at the benchmark price in various locations across Canada, here's the income required to own a home in 13 of the country's … remove content for any reason whatever, without consent. Every plot of land is technically owned by the state and can only be bought on a leasehold basis for up to 70 years. Inspector General | Legal | Accessibility | External Link Disclaimer | USA.gov, The Interim Regulations Concerning the Assignment and Transfer of the Right to Use State-Owned Land in Urban Areas [, The Law on the Administration of Urban Real Estate [. Home Ownership Rate in China decreased to 89.68 percent in 2018 from 90 percent in 2014. Price Less. We further reserve the right, in our sole discretion, to remove a user's In Beijing, all you need to do as a foreigner is to pay social security and taxes for at least 5 years before the government allows you to buy a house. [15]  The Urban Real Estate Law, which was enacted on August 30, 2007, addresses issues of real property in urban areas, including the transfer of land-use rights, real estate development, the sale of real estate, and real estate registration. Please read our Standard Disclaimer. Whether you need help searching for a flat in China, knowing what to look for, or even how to sign a fair rental contract in China, this expat guide to housing in China should answer all the questions you have.. Over the past 10 years I’ve signed more Chinese rental agreements than I care to admit and I’ve had both good experiences and bad ones. Before we can understand how people in China can afford to frolic in their country’s over-inflated housing market, we must look at where this market came from. Very informative post. When intending to own a house in China, foreigners who have lived or want to live in China for an extended period of time may have heard of the rising house prices in China’s first-tier cities, such as Shanghai, Beijing, and Shenzhen. The mainland property market has become more mature over the last few decades, and the procedures for foreigners and Hong Kong citizens to follow when buying real estate in China … They just stay in their outer clothes inside their homes. Summary. 19. Home Ownership Rate in China averaged 89.89 percent from 2013 until 2018, reaching an all time high of 90 percent in 2014 and a record low of 89.68 percent in 2018. When real estate is transferred, according to the Urban Real Estate Law, the ownership of houses/apartments and the land use right of the land on which the buildings are situated are transferred simultaneously. At the end of the day, if the buyer is really interested in your property and if they do not speak a single word of English or your language, they will bring along a translator or a … Jobs | Thanks for the useful summary of the legal framework for property rights in China. [8]  State-owned natural resources are exempt from registration.[9]. [4] Amendment to Constitution (2004) art. privilege to post content on the Library site. A land lease of up to 70 years is usually granted for residential purposes. [3]  The 2004 amendment contained the Constitution’s first clear recognition of the “private” nature of such property and its constitutional “inviolability,” although prior to the 2004 amendment the Constitution had provided protection for “the right of citizens to own lawfully earned income, savings, houses and other lawful property.”[4]Â, The PRC Property Rights Law (Wuquan Fa, also translated as the Law on Rights In Rem) was first enacted on March 16, 2007, following legislative debates that had lasted for over a decade. Under the current rules prescribed by the State Council, land may be used for residential purposes for up to seventy years; for industrial purposes for fifty years; for education, science, culture, public health, and physical education purposes for fifty years; and for commercial, tourist, and recreational purposes for forty years. 55 of the State Council, May 19, 1990) (Assignment Regulations), Westlaw China. Land is government-owned in China. The Chinese don't really care about it. [35], When real property is transferred, the change of ownership must be registered with the housing authorities; when the certification of home ownership is modified, the modification of the land-use rights must be registered with the land authorities, who issue a new or modified certificate of land-use rights. You’re allowed to buy one property, but need to either study or work in China for at least one year before that. [20]  Land-use rights may also be allocated for such purposes as government or military use, and urban infrastructure or public utilities use, for which the land users pay no fee or only compensation or resettlement expenses. To sell a property, local and foreign owners, including Hong Kong residents, are advised to assign a licensed estate agent to handle the transaction. One, you cannot ever truly own property in China whether you’re a foreigner a local. At the Law Library of Congress, we have been asked many times about the law of the People’s Republic of China (PRC or China) on private property, such as whether individuals may privately own houses, or whether the law protects private property at all. When the 70-year term for the land-use right for residential purposes expires, according to the Property Rights Law, the term will be automatically renewed. This makes Chinese real estate a depreciating asset. 117. the property has not been properly registered and certificates of ownership have not been obtained. Still, getting citizenship by buying a house in China is completely out of question. (Property Rights Law, art. [5]  Effective from October 1, 2007, this comprehensive legislation on property with nineteen chapters and 247 articles establishes a framework of property rights protection, including protection for movable property and real estate (immovable property). [17], Individuals can, however, obtain the right to use land from the state.  The land-use right under the Property Rights Law is a “usufructuary right” that allows the right-holder, the usufructuary, to legally possess, use, and benefit from property owned by another. Accessibility | (Assignment Regulations, art. The Property Rights Law provides that “[i]ndividuals are entitled to enjoy ownership of such immovable and movable properties as their lawful incomes, houses/apartments, articles for daily use, tools of production, and raw materials.” (Property Rights Law, art. So literally the houses in China could only use the land they stay on for 40-70 years.But it's said that house owener will be able to use the land for another 70 years after they pay the government a little fee. Currently, the maximum term for urban land-use rights granted for residential purposes is seventy years. unless clearly stated otherwise. The Property Rights Law provides that registration of real property must be performed by the registration authorities at the place where the property is located. In mainland China, most land belong to the government.The ownership of houses(buildings) and land are separate. Owning a home is virtually a social necessity for an adult in China, and is often a major part of the criteria for evaluating a potential spouse. On March 1, 2015, the Provisional Regulations on Real Estate Registration went into effect, which aim to establish a nationwide real estate registration system. This blog does not represent official Library of Congress communications and does not represent legal advice. External Link Disclaimer | Given the high price of real estate in Canada's most competitive markets, aspiring homeowners need to be bringing in some big bucks. [24]  The law does not make it clear, however, whether the state would charge another granting fee at the time of renewal or how the fee would be determined.Â, Individuals can privately own real estate, including residential houses and apartments (i.e., buildings and structures on the land), although not the land on which the houses and apartments are situated.  Article 64 of the Property Rights Law provides that “[i]ndividuals are entitled to enjoy ownership of such immovable and movable properties as their lawful incomes, houses,[[25] articles for daily use, tools of production, and raw materials.”[26], The Assignment Regulations provide that land users may transfer their land-use rights to others through sale, exchange, or gift. The BBC cites Ordos in Inner Mongolia as the largest ghost town in China, full of empty shopping malls and apartment complexes. About | Press | Jobs | Donate But you have to pay that god dam property tax to government every fucking year to keep the house “yours”. Additional requirements apply in Beijing and Shanghai. Official blog from the Law Library of Congress, March 2015 Report, (PDF, 126KB) (An update has been added below). Procedures for foreigners and Hongkong to follow when selling a property they own in China. In 1990 May 19, the People’s Republic of China State Council Decree No. [13]  Among these laws and regulations, the Assignment Regulations and the Urban Real Estate Law primarily regulate land-use rights and ownership of residential property in urban areas. The federal government owns it all. 32.). may result in removed comments. While there are legal and financial obstacles to overcome, undocumented immigrants can, in fact, buy a house in the United States. ), Xinbian Zhonghua Renmin Gongheguo Changyong Falü Fagui Quanshu (2014) (hereinafter Fagui Quanshu) 1, English translation available at Westlaw China (by subscription). When Chinese people say that they’ve bought a house what they really mean is that they leased it from the government for 70 years. [25] Fang wu, which may be better translated as “apartment,” as most residential real property in urban China consists of apartments rather than single-family houses.Â. Individuals cannot privately own land in China but may obtain transferrable land-use rights for a number of years for a fee. ), property denotes ownership stated otherwise center $ 100-250k and can only be bought on a permit! I ’ d like to discuss a few basics of Chinese Law in area... Central China, and your bill will typically fall somewhere around ¥400 per month ’... 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