China Real Estate

Shanghai property market revived?


I don’t have any supportative data for property market revival in Shanghai.

The day before yesterday, I went to Shanghai Pudong real estate transaction centre, and what I saw really surprised me.  There are so many people buzzing in the hall, and you have to admit that people are coming back into the market again. When the volume of deals increases, the …

Nothing is impossible in China, you also think so?


It has been in place for some years from 2006 when China central government imposed restrictions on foreign individual or legal entities in buying properties in China, an move taken to rein in the then out of control price hike. This restriction is further reinforced in 2010 to the effect that each foreigner can only “buy” one piece of residential …

bona fide principle in Chinese laws


In a leasing/occupancy dispute where I represent the owners (a couple whose names are both registered on the title deed of the property) of an apartment in Shanghai, trying to take back the apartment which had been leased out to a foreigner “tanant” by the owners’ friend who was once entrusted with the keys of the apartment.

In response to …

two disressed apartments in Shanghai on sale at good prices


Though no one will disagree that this is not a time for purchasing real properties in China, esp in big cities like Shanghai, we cannot deny that there are still people believing that real estate is still something worth investing in a long term in China, in particular properties that are discounted heavily due to some non-market reasons.

As a real estate lawyer,…

landlord failed to fix problems, can I withhold rent?


Expats living in China very often get frustrated with their Chinese landlords. A tipical situation is where the landlord fail to fix problems of the apartment/house, for example, air-conditioning breaking down, no hot water etc..

I got a help call this morning from a foreigner living in Shanghai, accusing his landlord of failing to fix some problems in the …

sell your real property in China before it is too late


vA piece of news run on caught my attention but with no surprise.

According to the news, a dozen of American individual real estate investors are selling their hotel units bought six years ago. It made news because of its sensitivity in a time people are waiting to see where the Chinese property market is heading, or put it clearly how much the prices can…

property prices moving down in first-tiered cities in China


The media have never been so negative about the property market in any previous round of government curbs.

Believe it or not, news about property developers offering discounts and other benefits inducing home buyers has flooded major web portals in China, citing that developers cannot hold the market any more as central government shows no sign of relaxing…

an effective way to bypass real estate purchase restriction on foreigners


As we all know, foreigners are restricted to purchase real estate property in China. Now if your spouse is a local Chinese person (take Shanghai as example, you have a Shanghai husband or wife), now you can buy as many property as you wish so long as you have sufficient cash.

A couple of days ago, China National Administration of Taxation issued a new circular saying…

property prices facing downward pressure in first-tiered cities


China property market is really facing a turning point now after so many years of government curbs round after round. Seeing that central government shows no sign of relenting restrictive policies, both real estate developpers and investors have been undergoing a painful psych change over the past of this year.

Not long before, there run an article on web…

Save your tax when you sell your real property in China


This morning, on behalf of my client from Singapore who sells her apartment, I went to local tax bureau to pay the related taxes.

It was finally confirmed that my client will not need to pay the personal income tax as prescribed in a regulation in which it is required seller shall pay the personal income tax equal to 20% of the difference of sale price and the original…

Entrust a real estate lawyer to manage your houses/apartments in Shanghai


With the financial crisis biting, we see many expats go back home, leaving their houses in Shanghai empty or ill-managed by unprofessional people.

It is a great waste to leave it empty and it is a great risk to have your home managed by unprofessional people.

Now, you have a better choice, hiring a lawyer to manage your properties during your absence. We are real…

Foreigners Can Own China Property by way of Gifting or Inheritance


Many foreigners are aware that China has enacted rules restricting their purchase of real estate/houses/apartments. Foreigners are not allowed to buy more than one residential property (for self-using purpose only).

Very often foreigners asked me about whether they are allowed to own property in China as a result of gifting, inheritance from their family…

Sell your properties in China


Well, I don’t want to be sounding like an alarmist by claiming that it is time to sell your properties in China because the real estate market in China is going to collapse soon. But it will be not inappropriate to remind people that China property market is really at a point where it may turn out against your interests eventually if you don’t back out timely.…

taxation measure to curb real estate market


Though there is plenty of moaning and groaning in the real estate market in China, due to the central government’s tight monetary policy, it seems the tether is going to be further tightened. In a new effort stepped up by the central tax ministry, a new circular was issued on April 7, 2008 regarding the prepayment of income tax by property developers.

The new …

Shifts in real estate taxation affecting your investment


Recently this year saw a string of shifts in tax policies that affect businesses in China, in particular, foreign invested enterprises.

â…  City and Township Land Use Tax

At the end of the year of 2006, the state cabinet revised the Interim Regulation of the People’s Republic of China on the City and Township Land Use Tax and the revised version came into force…

Property tax to come soon


The national levy of the property tax has been in rumor for years and actually it has been imposed as pilot projects in some cities across China.

Today, a piece of news from Anbound ( newsletter titled “property tax possible to be imposed on commercial real estates next near” seems to make the property tax loom large. The dean of the real…

Pre-registration system in Chinese property law


1. Provision in the law

On October 1, 2007, the Property Law of China comes into effect, a landmark event in China’s legislation history and in the cause of establishing rule of law in China.

Among those shining points in this new law, I single out and introduce the pre-registration system for your reference.

Article 20 of the Property Law provides:

“the parties…

Lease contract registration


Recently one of our clients complained to us that the real estate exchange center (an authority in charge of real estate registration, “Exchange Centre”) refused to accept their lender-approved lease contract designed for their service apartment project simply because their lease had not adopted the Shanghai model lease contract form. Without such…