Real Estate Lawyers in China
Real estate law in China governs property ownership, purchase, sale, leasing, and development. For foreign individuals and companies, navigating China’s unique property system requires specialized legal guidance.
Land Ownership in China
In China, all land is owned by the state or rural collectives. Individuals and companies can only own land-use rights, not the land itself:
- Residential land-use rights: 70 years (renewable)
- Commercial land-use rights: 40-50 years
- Industrial land-use rights: 50 years
- Buildings on the land are privately owned
Foreigners Buying Property in China
Foreign nationals can purchase residential property in China but face restrictions:
- Must have worked or studied in China for at least 1 year
- Limited to one residential property for personal use
- Property must be in the city where the foreigner works or studies
- Cannot purchase property for investment or rental purposes
- Must register the purchase with local authorities
Common Real Estate Legal Issues
- Purchase disputes: Developer delays, quality defects, title issues
- Lease disputes: Security deposit retention, eviction, rent increases
- Mortgage and financing: Foreigners face restrictions on obtaining mortgages
- Property tax: Deed tax, and ongoing discussions about a nationwide property tax
- Inheritance of real estate: Cross-border inheritance of Chinese property
- Commercial leasing: Office, retail, and industrial space for foreign businesses
Due Diligence Checklist
Before purchasing property in China, verify:
- The developer holds a valid Land-Use Rights Certificate
- The property has a Pre-Sale Permit (for off-plan purchases)
- The Property Ownership Certificate is clean (no mortgages or liens)
- The developer is in good standing and has completed prior projects
- The purchase contract is reviewed by a PRC-licensed lawyer
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Related Practice Areas
Corporate Law Contract Law Dispute Resolution Inheritance Law