Links to external Internet sites on Library of Congress Web pages do not constitute the Library's endorsement of the content of their Web sites or of their policies or products.  Urban residential land has always been regulated differently from residential land in rural areas,[14] which is not discussed in this report. You can see this pattern repeat itself in Taiwan, HK and where Ladies, if you want tampons in China, you're best off bringing them from home along with some other packing essentials. [4] Amendment to Constitution (2004) art. Gratuitous links to sites are viewed as spam and privilege to post content on the Library site. You are fully 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 Chinaâspecifically, 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. This blog is governed by the general rules of respectful civil discourse. About | [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. Every plot of land is technically owned by the state and can only be bought on a leasehold basis for up to 70 years. [36], Provincial governments may order one agency within the local government at or above the county level to conduct the registration of both land-use rights and home ownership, and that agency may then issue a real estate certificate (fang di chan quan zheng shu) confirming both the land-use rights and the home ownership.[37]. The Assignment Regulations were promulgated in 1990 by the State Council, which regulates the assignment and transfer of land-use rights in urban areas. They just stay in their outer clothes inside their homes. Most landlords in China will require you to pay for your own electricity, water and gas bills, as well as cable and internet if you elect to have them. [28]  Real estate is transferred by sale, gift, or other legal means. [12] Chengzhen Guoyou Tudi Shiyong Quan Churang He Zhuanrang Zanxing Tiaoli [Interim Regulations Concerning the Assignment and Transfer of the Right to the Use of State-Owned Land in Urban Areas] (Decree No. (Constitution, art. 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. Posted in: Law Library, Ask A Librarian, Global Law. Unfortunately, a foreigner can only own one property and it has to be residential. External Link Disclaimer | One, you cannot ever truly own property in China whether you’re a foreigner a local. If … On March 1, 2015, the Provisional Regulations on Real Estate Registration went into effect, which aim to establish a nationwide real estate registration system. Still, getting citizenship by buying a house in China is completely out of question. 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. You’re allowed to buy one property, but need to either study or work in China for at least one year before that. Normally you need to pay at least 1 year tax in that province and you as a foreigner are allowed to buy a house. unless clearly stated otherwise. Summary. The State Council is authorized by law to formulate the maximum periods for which land-use rights may be granted. Price Less. Exterior garden space with dragon head atop a wall at a temple in Shanghai, China by Norwood, Jean E., 1979. That being said, utilities are relatively inexpensive in China, and your bill will typically fall somewhere around ¥400 per month. Foreign Law Specialist But you have to pay that god dam property tax to government every fucking year to keep the house “yours”. Although individuals cannot privately own land, they may obtain transferable land-use rights for a number of years for a fee. responsible for everything that you post. [7], According to the Property Rights Law, the establishment, alteration, transfer, and elimination of real property rights must be registered, unless otherwise provided by law. Foreigners go through supervision procedures for about a week before they are allowed to buy properties in designated areas. Please read our Standard Disclaimer. Can not rent it out, must live in it,. [30], Restrictions on the sale of real property are established by law. For example, if the transfer of the land-use rights is priced substantially lower than the market price, the government has the preemptive right to purchase the rights. Compared to other countries, the Philippines undoubtedly still has a highly-regulated real estate industry. 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. That being said, utilities are relatively inexpensive in China, and your bill will typically fall somewhere around ¥400 per month. Also most first time buyers would get financial help from parents. [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. [8] State-owned natural resources are exempt from registration.[9]. A non-Chinese (laowai) can own one apartment in his / her name for residential purposes only. About | Press | Jobs | Donate 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. Inspector General | [19] The State Council is authorized by law to formulate the maximum periods for which land-use rights may be granted. 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. This blog does not represent official Library of Congress communications and does not represent legal advice. 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. There are very strict rules regarding non-Filipino citizens purchasing, owning, and investing in real estate and, by default, foreigners are not allowed to own land. 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. [27] Assignment Regulations, supra note 12, art. China Issues Real Estate Registration Rules, Xinhuanet (Dec. 22, 2014), http://news.xinhuanet.com/english/china/2014-12/22/c_133870891.htm. Donate To sell a property, local and foreign owners, including Hong Kong residents, are advised to assign a licensed estate agent to handle the transaction. 12. Again, the foreigners are banned from renting the property as you are supposed to use it for dwelling purposes. For the past decade the housing market in China has been performing well, and homeownership has increased 80%, a record high. Mortgage: It depending on your salary. And with prices that cheap you can get an additional 1br and rent it out – speechless. Also most first time buyers would get financial help from parents. The Chinese don't really care about it. You can buy a condo in the city center $100-250k. In south and central China, they don't have heating in their houses at all. Legal | Real estate may be transferred through sale, gift, or other legal means. When real estate is transferred, the land-use rights and home ownership are transferred simultaneously. Restrictions that may apply to the transfer of real estate include prohibiting transfer when the land-use rights are reclaimed by the state in accordance with law, or when the property has not been properly registered and certificates of ownership have not been obtained. 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. Does the term property bear a broader meaning under the Constitution so that it comprises both rights in rem and in personam? The BBC cites Ordos in Inner Mongolia as the largest ghost town in China, full of empty shopping malls and apartment complexes. The answer is yes, foreigners are allowed to purchase property in China! USA.gov, Official Registry of Land-Use Rights and Home Ownership, http://news.xinhuanet.com/english/china/2014-12/22/c_133870891.htm. As the growing number of Chinese has been buying property, foreigners planning to live long-term in China have also become interested in buying property of their own. [11] Tudi Dengji Banfa [Land Registration Measures] (promulgated by the Ministry of Land and Resources, Dec. 30, 2007, effective Feb. 1, 2008), Westlaw China. (Urban Real Estate Law, art. 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. You may not rent out the property or act as a landlord. [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. [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 property has not been properly registered and certificates of ownership have not been obtained. 26. ), Xinbian Zhonghua Renmin Gongheguo Changyong Falü Fagui Quanshu (2014) (hereinafter Fagui Quanshu) 1, English translation available at Westlaw China (by subscription). This page provides - China Home Ownership Rate- actual values, historical data, forecast, chart, statistics, economic calendar and news. The short answer is yes, but there are some conditions to be able to do so. Live and work in same building hmmmm. [31] Assignment Regulations, supra note 12, art. [31] The Urban Real Estate Law defines situations under which the transfer of real property is prohibited, including when. Sunrise in Shanghai in Dense Fog, photo taken by Laney Zhang in 2013. The description below applies to the post-reform legal arrangements and should not be confused with nationalisation of property before 1978. [18], In urban areas, the state grants (churang, sometimes also translated as “assigns”) or allocates (huabo) land-use rights to land users. For granted land-use rights, land users pay the state granting fees for a certain number of years. The federal government owns it all. 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. The Library of Congress does not control the content posted. Every plot of land is technically owned by the state and can only be bought on a leasehold basis for up to 70 years. [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 timesâin 1988, 1993, 1999, and 2004. A uniform format for the deed of title will be adopted nationwide. 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 … [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. Press | Some press reports have characterized this law as the first piece of legislation in the People's Republic of China to cover an individual's right to own private assets, although this is incorrect as the right to private property was written into the Constitution of the People's Republic of China in 2004.
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