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From time to time, we got inquiries like this: "Can a foreigner buy real estate in China? If can, how?" Please check the following rules for the answer:1. Overseas individuals shall be allowed to purchase a set of residential property in China for self use. Overseas organisations which have established a branch office or representative office in China shall be allowed to purchase non-residential real estate for office use in the city of registration, unless otherwise stipulated by laws and regulations.1
2. Real estate administrative authorities at all localities shall, in addition to inspection of the materials stipulated in the Administrative Measures on Urban Commodity Housing Presale and the Measures on Real Estate Registration and verification of the home ownership status of the home buyer, inspect the following when processing the filing of commodity housing presale contract and registration of property rights by overseas individuals:2
(1) certification issued by the relevant authorities that the overseas individual (excluding Hong Kong, Macau and Taiwan residents and Chinese compatriots) has worked in China for more than one year; in the case of Hong Kong, Macau and Taiwan residents and Chinese compatriots, certification that he/she is working, studying or residing in China.(1)
(2) a written undertaking by the overseas individual that he/she does not own any other residential property in his/her name in China.(2)
3. Real estate administrative authorities at all localities shall, in addition to inspection of the materials stipulated in the Administrative Measures on Urban Commodity Housing Presale and the Measures on Real Estate Registration and verification of the real estate ownership status of the real estate buyer, inspect the following when processing the filing of commodity housing presale contract and registration of property rights by overseas organisations:
(1) an approval document issued by the relevant authorities for establishment of branch office or representative office in China and a registration certificate.(1)
(2) a written undertaking by the overseas organisation that the real estate purchased is for office use.(2)
4. Overseas organisations and individuals shall apply for foreign exchange settlement for real estate purchase strictly pursuant to the Notice on Issues Relating to Standardising Foreign Exchange Control in Real Estate Market.Designated foreign exchange banks shall strictly examine the application materials submitted by overseas organisations and individuals for foreign exchange settlement for real estate purchase for the applicants; for applicants which comply with the provisions, designated foreign exchange banks shall, upon processing foreign exchange settlement for real estate purchase for the applicants, forthwith process filing registration in the foreign exchange control information system for direct investments of the foreign exchange bureau strictly pursuant to the relevant provisions. 4
Note: In those cities where purchase restriction policy apply, the purchaser also need to check the local specific requirements on real estate purchase


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Rules on RE Purchase by Overseas Organizationzs & Individuals

Tap "LegalTips"

to follow us

You may also feel interested in:Public Holiday Arrangement for 2021
Benefits of Copyright Registration
PRC Civil Code: Part VII Liability for Tort
From time to time, we got inquiries like this: "Can a foreigner buy real estate in China? If can, how?" Please check the following rules for the answer:1. Overseas individuals shall be allowed to purchase a set of residential property in China for self use. Overseas organisations which have established a branch office or representative office in China shall be allowed to purchase non-residential real estate for office use in the city of registration, unless otherwise stipulated by laws and regulations.1
2. Real estate administrative authorities at all localities shall, in addition to inspection of the materials stipulated in the Administrative Measures on Urban Commodity Housing Presale and the Measures on Real Estate Registration and verification of the home ownership status of the home buyer, inspect the following when processing the filing of commodity housing presale contract and registration of property rights by overseas individuals:2
(1) certification issued by the relevant authorities that the overseas individual (excluding Hong Kong, Macau and Taiwan residents and Chinese compatriots) has worked in China for more than one year; in the case of Hong Kong, Macau and Taiwan residents and Chinese compatriots, certification that he/she is working, studying or residing in China.(1)
(2) a written undertaking by the overseas individual that he/she does not own any other residential property in his/her name in China.(2)
3. Real estate administrative authorities at all localities shall, in addition to inspection of the materials stipulated in the Administrative Measures on Urban Commodity Housing Presale and the Measures on Real Estate Registration and verification of the real estate ownership status of the real estate buyer, inspect the following when processing the filing of commodity housing presale contract and registration of property rights by overseas organisations:
(1) an approval document issued by the relevant authorities for establishment of branch office or representative office in China and a registration certificate.(1)
(2) a written undertaking by the overseas organisation that the real estate purchased is for office use.(2)
4. Overseas organisations and individuals shall apply for foreign exchange settlement for real estate purchase strictly pursuant to the Notice on Issues Relating to Standardising Foreign Exchange Control in Real Estate Market.Designated foreign exchange banks shall strictly examine the application materials submitted by overseas organisations and individuals for foreign exchange settlement for real estate purchase for the applicants; for applicants which comply with the provisions, designated foreign exchange banks shall, upon processing foreign exchange settlement for real estate purchase for the applicants, forthwith process filing registration in the foreign exchange control information system for direct investments of the foreign exchange bureau strictly pursuant to the relevant provisions. 4
Note: In those cities where purchase restriction policy apply, the purchaser also need to check the local specific requirements on real estate purchase


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