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. [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. Jobs | remove content for any reason whatever, without consent. [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. When this time is up the property will, apparently, go back to its rightful owner: The People’s Republic of China. 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 [. That being said, utilities are relatively inexpensive in China, and your bill will typically fall somewhere around ¥400 per month. 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. To sell a property, local and foreign owners, including Hong Kong residents, are advised to assign a licensed estate agent to handle the transaction. [21]  There are normally no limitations on the length of time for which land-use rights can be allocated. Sunrise in Shanghai in Dense Fog, photo taken by Laney Zhang in 2013. In south and central China, they don't have heating in their houses at all. 23&24. privilege to post content on the Library site. 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. Summary. In addition to the Property Rights Law, China regulates real property through a series of other laws and regulations, including the PRC Law on Land Management,[10] the Land Registration Measures,[11] the Interim Regulations Concerning the Assignment and Transfer of the Right to Use State-Owned Land in Urban Areas (Assignment Regulations),[12] and the PRC Law on the Administration of Urban Real Estate (Urban Real Estate Law). (Constitution, art. Nevertheless, Land users pay the state granting fees for a certain number of years for these land-use rights. The short answer is yes, but there are some conditions to be able to do so. At this time, the government … [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 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. 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. 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. 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. The State Council is authorized by law to formulate the maximum periods for which land-use rights may be granted. Very informative post. The BBC cites Ordos in Inner Mongolia as the largest ghost town in China, full of empty shopping malls and apartment complexes. 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. There are a series of laws and regulations regulating the land-use rights and ownership of residential property, including: According to the Property Rights Law, the land-use right is a “usufructuary right” that allows the right-holder, the usufructuary, to legally possess, use, and benefit from property owned by another. Inspector General | You are fully [5] Wuquan Fa [Property Rights Law] (promulgated by the National People’s Congress (NPC), Mar. With this blog post, I’d like to discuss a few basics of Chinese law in this area. Ladies, if you want tampons in China, you're best off bringing them from home along with some other packing essentials. A uniform format for the deed of title will be adopted nationwide. On March 1, 2015, the Provisional Regulations on Real Estate Registration went into effect, which aim to establish a nationwide real estate registration system. 19. 26. 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 … (Property Rights Law, art. It’s worth noting, however, that private property may not receive equal protection in the same way as public property. 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. Most of them are very large and aren't as sleek as brands like Always. 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. This page provides - China Home Ownership Rate- actual values, historical data, forecast, chart, statistics, economic calendar and news. [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. I have a question though: under the Property Rights Law (2007), property denotes ownership. ), However, individuals may privately own houses and apartments, i.e. 12. [8]  State-owned natural resources are exempt from registration.[9]. [19]  The State Council is authorized by law to formulate the maximum periods for which land-use rights may be granted. 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.”. A land lease of up to 70 years is usually granted for residential purposes. But homeowners cannot own the dirt beneath their houses. 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. The law does not make it clear, however, whether the state would charge another granting fee at the time of renewal or how such a fee would be determined. Representative offices are an easy, low-cost way to go, but it drastically limits the scope of what you're allowed to do in China. Accessibility | [16] Urban Real Estate Law, Fagui Quanshu 3-370. 8.) Mortgage: It depending on your salary. 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. 16, 2007, effective Oct. 1, 2007), Fagui Quanshu 2-12 (Property Rights Law), English translation available at Westlaw China; Jianfu Chen, Chinese Law: Context and Transformation 374 (Martinus Nijhoff Publishers 2008). [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. 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. SHANGHAI -- China has relaxed rules on property sales to foreigners, in a move seen as aimed at boosting the country’s real estate sector amid a slowing economy. [1] Xian Fa (1982) (P.R.C. ), In urban areas, the state grants (churang, sometimes also translated as “assigns”) land-use rights to land users for a fee. The description below applies to the post-reform legal arrangements and should not be confused with nationalisation of property before 1978. Land is government-owned in China. In Canada, you own the house. [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]. According to the Migration Policy Institute, in 2014 there were more than 3.4 million undocumented immigrants who owned homes. You may not rent out the property or act as a landlord. Normally you need to pay at least 1 year tax in that province and you as a foreigner are allowed to buy a house. Legal | Pads are also a nuisance in China. Never get angry in public. You can see this pattern repeat itself in Taiwan, HK and where 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. One, you cannot ever truly own property in China whether you’re a foreigner a local. (Urban Real Estate Law, art. Required fields are indicated with an * asterisk. 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. 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. China Issues Real Estate Registration Rules, Xinhuanet (Dec. 22, 2014), http://news.xinhuanet.com/english/china/2014-12/22/c_133870891.htm. 55 of the State Council, May 19, 1990) (Assignment Regulations), Westlaw China. [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. [15] Assignment Regulations, supra note 12. Usually a 30% down payment is required, also varies from different locations . We further reserve the right, in our sole discretion, to remove a user's [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. The Library of Congress does not control the content posted. Foreign Law Specialist [28]  Real estate is transferred by sale, gift, or other legal means. To work around this, you can buy a … [27]  Additionally, the Urban Real Estate Law provides that real estate may be transferred, mortgaged, or leased. The federal government owns it all. Yes, Chinese is a tough language, but bear in mind that it is not a blocking issue. 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. Land-use rights may also be allocated (huabo), for which the land users pay no fee or only compensation or resettlement expenses, for such purposes as government or military use, and urban infrastructure or public utilities use. 117. Public displays of anger are frowned upon by the Chinese and are most … 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. So actually when you buy a house in China,you own it. For the past decade the housing market in China has been performing well, and homeownership has increased 80%, a record high. This makes Chinese real estate a depreciating asset. Press | External Link Disclaimer | 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. the Library of Congress may monitor any user-generated content as it chooses and reserves the right to Also most first time buyers would get financial help from parents. Unfortunately, regulations and laws under the Chinese […] 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. the property has not been properly registered and certificates of ownership have not been obtained. This blog is governed by the general rules of respectful civil discourse. 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 … [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. Can not rent it out, must live in it,. But you have to pay that god dam property tax to government every fucking year to keep the house “yours”. That being said, utilities are relatively inexpensive in China, and your bill will typically fall somewhere around ¥400 per month. ), Xinbian Zhonghua Renmin Gongheguo Changyong Falü Fagui Quanshu (2014) (hereinafter Fagui Quanshu) 1, English translation available at Westlaw China (by subscription). I surly cant purchase commercial space at 1st floor and a panthouse on the 20th floor in the same building in NYC for $300k but I can in Ukraine. responsible for everything that you post. Exterior garden space with dragon head atop a wall at a temple in Shanghai, China by Norwood, Jean E., 1979. 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. (Urban Real Estate Law, art. You’re allowed to buy one property, but need to either study or work in China for at least one year before that. The Chinese don't really care about it. 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. [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. 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] Tudi Guanli Fa [Law on Land Management] (promulgated by the NPC Standing Committee, June 25, 1986, revised Aug. 28, 2004), Westlaw China. [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. Different to chufang land-use rights, there are normally no limitations on the length of time for which land-use rights can be allocated. 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. unless clearly stated otherwise. [6]  The Law addresses the establishment, alteration, transfer, and elimination of property-related ownership rights, and the registration and delivery of movable and real property rights. [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. For more information on our Chinese law collection, see my previous blog post: A Guide to Chinese Legal Research and Global Legal Collection Highlights: Official Publication of Chinese Law. According to the Constitution, land in cities is owned by the State; land in the rural and suburban areas is owned by the State or by collectives. 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. With this blog post, I’d like to discuss a few basics of Chinese law in this area. [31] Assignment Regulations, supra note 12, art. Procedures for foreigners and Hongkong to follow when selling a property they own in China. 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. My friends think that the winter temperatures of 32°F to 50°F are actually warm, and they simply cannot imagine what it is like when it's 32°F outside and 40°F inside. Library of Congress Prints and Photographs Division, //hdl.loc.gov/loc.pnp/pp.print. [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. Also most first time buyers would get financial help from parents. may result in removed comments. Gratuitous links to sites are viewed as spam and [13] Chengshi Fangdichan Guanli Fa [Law on the Administration of Urban Real Estate] (promulgated by the NPC Standing Committee, Aug. 30, 2007), Fagui Quanshu 3-370 (Urban Real Estate Law), English translation available at Westlaw China. USA.gov, Official Registry of Land-Use Rights and Home Ownership, http://news.xinhuanet.com/english/china/2014-12/22/c_133870891.htm. Every plot of land is technically owned by the state and can only be bought on a leasehold basis for up to 70 years. Can You Own a House in China or Even a Piece of land? 64.) [29]  When real estate is transferred, the land-use rights and home ownership are transferred simultaneously. [23] Assignment Regulations, supra note 12, art. Again, the foreigners are banned from renting the property as you are supposed to use it for dwelling purposes. 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. In 1990 May 19, the People’s Republic of China State Council Decree No. Still, getting citizenship by buying a house in China is completely out of question. Compared to other countries, the Philippines undoubtedly still has a highly-regulated real estate industry. (Urban Real Estate Law, arts. 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. 22, 2004 The Laws of the People’s Republic of China (P.R.C. 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. And with prices that cheap you can get an additional 1br and rent it out – speechless. Housing makes up more than 70 per cent of personal wealth in China. It is also worth noting that in transferring real estate, including the land-use rights and the home ownership, the new owner obtains the land-use rights only for the period equivalent to the original assigned term minus the number of years the original owner has used the land.  Although the 2007 Property Rights Law provides for automatic renewal of the term of the rights to use land for residential purposes, such relevant issues as the amount of the new granting fee, if any, and procedure for renewal remain unclear. Thanks for the useful summary of the legal framework for property rights in China. Live and work in same building hmmmm. 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. Before 1978 ownership Rate- actual values, historical data, forecast, chart, statistics economic. Get financial help from parents as spam and may result in removed comments city center 100-250k. 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