10.) Currently, the maximum term for urban land-use rights granted for residential purposes is seventy years. Accessibility | 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. 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. Jobs | Individuals cannot privately own land in China but may obtain transferrable land-use rights for a number of years for a fee.  Currently, the maximum term for urban land-use rights granted for residential purposes is seventy years.  In addition, individuals can privately own residential houses and apartments on the land (“home ownership”), although not the land on which the buildings are situated. Basically, there is a cultural and economical reason for this phenomena. Additionally, you can buy property directly via developers, individual sellers or an agent (which is not the case in Indonesia, where you need to buy directly from developers). [10] Tudi Guanli Fa [Law on Land Management] (promulgated by the NPC Standing Committee, June 25, 1986, revised Aug. 28, 2004), Westlaw China. This makes Chinese real estate a depreciating asset. Also most first time buyers would get financial help from parents. Price Less. I have a question though: under the Property Rights Law (2007), property denotes ownership. For the past decade the housing market in China has been performing well, and homeownership has increased 80%, a record high. Comment and Posting Policy. Can not rent it out, must live in it,. Land is government-owned in China. The content of all comments is released into the public domain While you can find them online and in some large stores, they'll be more expensive and your go-to brand may not be offered. And as you have noticed also, house ownership is pretty much a prerequisite for marriage for most Chinese, this put an upward pressure on house price. Again, the foreigners are banned from renting the property as you are supposed to use it for dwelling purposes. In mainland China, most land belong to the government.The ownership of houses(buildings) and land are separate. 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. Foreign Law Specialist You can buy a condo in the city center $100-250k. Individuals cannot privately own land in China but may obtain transferrable land-use rights for a number of years for a fee. Most of them are very large and aren't as sleek as brands like Always. [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. [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. This blog does not represent official Library of Congress communications and does not represent legal advice. With an area of 9.6 million km2, the People’s Republic of China is the third largest country in the world with a wide variety of climates, landscapes and natural resources. A land lease of up to 70 years is usually granted for residential purposes. Article 12 of the Constitution held that “socialist public property” is “sacredly inviolable.” Compared with the language on private property which is “inviolable,” the word “sacredly” appears to be an indication of more weight of protection being given to public property. 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. 32.). [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. To work around this, you can buy a … 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. They just stay in their outer clothes inside their homes. Can You Own a House in China or Even a Piece of land? Summary. 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. One, you cannot ever truly own property in China whether you’re a foreigner a local. [22], 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. the Library of Congress may monitor any user-generated content as it chooses and reserves the right to They don’t own property. About | Public displays of anger are frowned upon by the Chinese and are most … 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. And as you have noticed also, house ownership is pretty much a prerequisite for marriage for most Chinese, this put an upward pressure on house price. 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 … A non-Chinese (laowai) can own one apartment in his / her name for residential purposes only. The current PRC Constitution, as most recently amended in 2004, clearly provides for the protection of “private property.” According to Article 13 of the Constitution, citizens’ lawful private property is “inviolable.” The same article also states: “[t]he state, in accordance with law, protects the rights of citizens to private property and to its inheritance.”. (Urban Real Estate Law, arts. The answer is yes, foreigners are allowed to purchase property in China! External Link Disclaimer | Never get angry in public. 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 … 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. [1]  Article 13 of the Constitution provides that “[c]itizens’ lawful private property is inviolable.  The state, in accordance with law, protects the rights of citizens to private property and to its inheritance.”[2], The current Constitution, which was adopted in 1982, has been amended four times—in 1988, 1993, 1999, and 2004. Foreigners who have worked or studied in China for at least a year are allowed to buy a home. [4] Amendment to Constitution (2004) art. (Property Rights Law, art. In south and central China, they don't have heating in their houses at all. (Urban Real Estate Law, art. USA.gov, Official Registry of Land-Use Rights and Home Ownership, http://news.xinhuanet.com/english/china/2014-12/22/c_133870891.htm. According to the new Regulations, the Ministry of Land and Resources will guide and supervise the real estate registration system nationwide; local governments at and above the county level will designate real estate registries in their respective jurisdictions. That being said, utilities are relatively inexpensive in China, and your bill will typically fall somewhere around ¥400 per month. [19]  The State Council is authorized by law to formulate the maximum periods for which land-use rights may be granted. Chinese people do not own the house, but people can buy and sell houses and there is no extra fee after you bought the house. The property rights law is continually evolving in China and we look forward to more blog posts on the subject. The Assignment Regulations were promulgated in 1990 by the State Council, which regulates the assignment and transfer of land-use rights in urban areas. 55 “The Provisional Regulations for the Provision and Transfer of People’s Republic of China on Urban State-Owned Land Use Rights” was announced and enacted, with Article 12 of the regulation stipulating: The highest number of years of land-use rights are to be determined by the following applications: 70 … However, if you do buy a house here, you will need to live in it and if you spend more than five years in the country, you might become eligible for a permanent residence on different merit. 8.) Different to chufang land-use rights, there are normally no limitations on the length of time for which land-use rights can be allocated. While there are legal and financial obstacles to overcome, undocumented immigrants can, in fact, buy a house in the United States. Land users pay the state granting fees for a certain number of years for these land-use rights. Gratuitous links to sites are viewed as spam and Besides the fact that he or she must have the financial means to purchase it (banks will not lend money if you do not have a steady job in China for at least one year), the foreigner must have resided in China for at least one year at the time of purchase. Unfortunately, a foreigner can only own one property and it has to be residential. In 1990 May 19, the People’s Republic of China State Council Decree No. Jimmy Chow Published: 9:41am, … The 2011 estimates by property analysts state that there are some 89 million empty properties and apartments in China, and that housing development in China is massively oversupplied and overvalued, and is a bubble waiting to burst with serious consequences in the future. [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. [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. [15] Assignment Regulations, supra note 12. You can own a house or an apartment, on a 70-year lease, but not the land itself. The vast nation is composed of 56 ethnic groups, the largest being the Han, and has over 5000 years of history which have created a rich heritage of traditions. About | Press | Jobs | Donate This blog is governed by the general rules of respectful civil discourse. 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. [23], According to the 2007 Property Rights Law, when the term for the right to use land for residential purposes expires, the term will be automatically renewed. 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. 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. [1] Xian Fa (1982) (P.R.C. 23&24. According to the Migration Policy Institute, in 2014 there were more than 3.4 million undocumented immigrants who owned homes. The BBC cites Ordos in Inner Mongolia as the largest ghost town in China, full of empty shopping malls and apartment complexes. 64.) Please read our Standard Disclaimer.  Urban residential land has always been regulated differently from residential land in rural areas,[14] which is not discussed in this report. Prior to the 2004 amendment, the Constitution provided protection of “the right of citizens to own lawfully earned income, savings, houses and other lawful property.” The 2004 amendment for the first time clearly designated these properties to be “private property” and constitutionally inviolable. Legal | Also most first time buyers would get financial help from parents. buildings and structures above the land, but not the land on which the houses and apartments are situated. By Laney Zhang in 2013 thanks for the past decade the housing market in China, you 're best bringing... And should not be confused with nationalisation of property before 1978 [ 15 ] Regulations. 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