can you own a house in china

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. The Chinese don't really care about it. Usually a 30% down payment is required, also varies from different locations . A non-Chinese (laowai) can own one apartment in his / her name for residential purposes only. On March 1, 2015, the Provisional Regulations on Real Estate Registration went into effect, which aim to establish a nationwide real estate registration system. [34]  To be specific, the Urban Real Estate Law provides that land-use rights must be registered with local government land authorities at or above the county level, who issue certificates of land-use rights (tudi shiyong quan zhengshu) to affirm these rights.  Home ownership must be registered with local government housing authorities at or above the county level, who issue certificates of home ownership (fangwu suoyouquan zhengshu) to affirm the ownership. Gratuitous links to sites are viewed as spam and 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. In mainland China, most land belong to the government.The ownership of houses(buildings) and land are separate. (Property Rights Law, art. [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. 19. 32.). Again, the foreigners are banned from renting the property as you are supposed to use it for dwelling purposes. Home Ownership Rate in China decreased to 89.68 percent in 2018 from 90 percent in 2014. Additional requirements apply in Beijing and Shanghai. 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. 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 [. Basically, there is a cultural and economical reason for this phenomena. Individuals cannot privately own land in China but may obtain transferrable land-use rights for a number of years for a fee. [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. 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. So actually when you buy a house in China,you own it. [4] Amendment to Constitution (2004) art. [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. [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. But you have to pay that god dam property tax to government every fucking year to keep the house “yours”. 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. This page provides - China Home Ownership Rate- actual values, historical data, forecast, chart, statistics, economic calendar and news. 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. 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 … [21]  There are normally no limitations on the length of time for which land-use rights can be allocated. One, you cannot ever truly own property in China whether you’re a foreigner a local. 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. Pads are also a nuisance in China. Procedures for foreigners and Hongkong to follow when selling a property they own in China. In south and central China, they don't have heating in their houses at all. Jobs | 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. Read our [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. The property rights law is continually evolving in China and we look forward to more blog posts on the subject. Public displays of anger are frowned upon by the Chinese and are most … Required fields are indicated with an * asterisk. 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. Unfortunately, a foreigner can only own one property and it has to be residential. To sell a property, local and foreign owners, including Hong Kong residents, are advised to assign a licensed estate agent to handle the transaction. Thanks for the useful summary of the legal framework for property rights in China. Official blog from the Law Library of Congress, March 2015 Report, (PDF, 126KB) (An update has been added below). 12.). That being said, utilities are relatively inexpensive in China, and your bill will typically fall somewhere around ¥400 per month. To work around this, you can buy a … may result in removed comments. 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). 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. Every plot of land is technically owned by the state and can only be bought on a leasehold basis for up to 70 years. 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. Compared to other countries, the Philippines undoubtedly still has a highly-regulated real estate industry. While there are legal and financial obstacles to overcome, undocumented immigrants can, in fact, buy a house in the United States. This blog is governed by the general rules of respectful civil discourse. Property drives the economy here, prices keep going up, it's a fantastic investment opportunity! Foreign Law Specialist 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. You are fully Ladies, if you want tampons in China, you're best off bringing them from home along with some other packing essentials. 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. Can not rent it out, must live in it,. 26. Foreigners who have worked or studied in China for at least a year are allowed to buy a home. 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. 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. Nevertheless, ), However, individuals may privately own houses and apartments, i.e. The short answer is yes, but there are some conditions to be able to do so. The BBC cites Ordos in Inner Mongolia as the largest ghost town in China, full of empty shopping malls and apartment complexes. Additional information on this topic is available, Prepared by Laney Zhang [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. Accessibility | 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. 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. The answer is yes, foreigners are allowed to purchase property in China!  Urban residential land has always been regulated differently from residential land in rural areas,[14] which is not discussed in this report. About | Press | Jobs | Donate [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. privilege to post content on the Library site. Billions of dollars flow into the U.S. from China every year. 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. 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. Housing makes up more than 70 per cent of personal wealth in China. Donate [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. [11] Tudi Dengji Banfa [Land Registration Measures] (promulgated by the Ministry of Land and Resources, Dec. 30, 2007, effective Feb. 1, 2008), Westlaw China. 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. 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. ), Xinbian Zhonghua Renmin Gongheguo Changyong Falü Fagui Quanshu (2014) (hereinafter Fagui Quanshu) 1, English translation available at Westlaw China (by subscription). 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. Exterior garden space with dragon head atop a wall at a temple in Shanghai, China by Norwood, Jean E., 1979. 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 … 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. 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. (Assignment Regulations, art. 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. With this blog post, I’d like to discuss a few basics of Chinese law in this area. 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. [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. [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. With this blog post, I’d like to discuss a few basics of Chinese law in this area. But homeowners cannot own the dirt beneath their houses. You may not rent out the property or act as a landlord. In every province the rules are different. USA.gov, Official Registry of Land-Use Rights and Home Ownership, http://news.xinhuanet.com/english/china/2014-12/22/c_133870891.htm. 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. In 1990 May 19, the People’s Republic of China State Council Decree No. China Issues Real Estate Registration Rules, Xinhuanet (Dec. 22, 2014), http://news.xinhuanet.com/english/china/2014-12/22/c_133870891.htm. They just stay in their outer clothes inside their homes. The essential requirement is that you have studied or worked in China for at least one year on a residence permit. [23] Assignment Regulations, supra note 12, art. Given the high price of real estate in Canada's most competitive markets, aspiring homeowners need to be bringing in some big bucks. Although individuals cannot privately own land, they may obtain transferable land-use rights for a number of years for a fee. Also most first time buyers would get financial help from parents. 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. 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. Legal | [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. buildings and structures above the land, but not the land on which the houses and apartments 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. 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. 117. 22, 2004 The Laws of the People’s Republic of China (P.R.C. Please read our Standard Disclaimer. [16] Urban Real Estate Law, Fagui Quanshu 3-370. [31]  The Urban Real Estate Law defines situations under which the transfer of real property is prohibited, including when. (Property Rights Law, art. (Urban Real Estate Law, art. According to the Migration Policy Institute, in 2014 there were more than 3.4 million undocumented immigrants who owned homes. [28]  Real estate is transferred by sale, gift, or other legal means. Foreigners go through supervision procedures for about a week before they are allowed to buy properties in designated areas. (Urban Real Estate Law, art. I have a question though: under the Property Rights Law (2007), property denotes ownership. This makes Chinese real estate a depreciating asset. This blog does not represent official Library of Congress communications and does not represent legal advice. Foreigners are allowed to only own one residential property for dwelling purposes. 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