If you want to buy land in China, it is a good idea to familiarize yourself with the legislation and seek legal advice from our Chinese lawyers. The following lines present some of the legal services offered by our real estate experts, as well as information about the acquisition process.
| Short Facts | |
| Who can buy land in China? | Foreigners cannot buy land in China, however, the right to use land for a defined period is permitted. |
| Legislation | Property Law in China |
| Fixed-terms to use the land | For up to 70 years |
| Land for industrial purposes | Can be leased for up to 50 years. |
| Registration of the right to use | With the Land Registry in China |
| Who can obtain the land use rights in China? | Chinese citizens and foreigners, alongside business entities, respecting all the conditions imposed. |
| Use of land in China is granted for | Residential purposes |
| Legal services we offer in land-related transactions | – due diligence, – lease contracts, – document verifications, – litigations, and many more |
| Precautions | Residency for at least one year is imposed for purchasing a property in China for personal use/domicile. |
| Hidden fees/mortgages | Can be discovered and solved by our Chinese lawyers when analyzing the documents. |
| Are there any local requirements in land-related transactions? | Yes, some local authorities might solicit an employment contract besides residency for one year. |
| Land contracts in China | The local land administration office and the land user are the parties involved in the agreement. |
| Certification of property titles in China | Made at the notary, with representation that can be provided by our lawyers in China. |
| Expiration of the rights to use land in China | The local authorities can renew or cancel the lease contract. |
| Working with our law firm in China | We assist local and foreign citizens in property transactions in China. We provide in-depth legal advice and assistance in real estate property matters at affordable costs. |
Table of Contents
Legal assistance in buying land in China
The formalities involved in the land purchase process in China can be efficiently carried out with the assistance of our experienced Chinese attorneys. Here are the situations in which we can guide and represent you:
- property/land inspections,
- in front of the land registration authority in China,
- application for required certificates,
- legal advice in property litigation,
- document verification,
- title deed transfer, etc.
In addition, our customers can be represented with a power of attorney in China when they want to buy land, which greatly simplifies the acquisition process. We recommend our legal services to avoid possible complexities in property acquisition in China from the start.
Legal representation at a notary in China
Our clients can be represented at a notary's office when buying land in China. In this step, our lawyers in China will ensure that all documents are correct before signing and that they can be presented in front of the notary. Once the papers are signed at the notary's, the process of buying land in China is completed with the delivery of the ownership certificate. We would like to point out here that foreigners who want to purchase a property in China may have to wait a few more days until they receive specific approvals from the Chinese government regarding the land sale-purchase contract. We therefore invite you to collaborate with us in this acquisition process.
Advice on the real estate due diligence process
A process of selling-buying a property/land in China involves a series of estate due diligence. Even if this process does not directly come under the attention of our specialists, we can provide legal assistance in this matter. We will make sure that all the requested documents are in order, and we will offer strategies and solutions in case legal problems are detected. As such, a real estate due diligence implicates:
- know the correct price of the property you want to purchase in China;
- understand if there are any legal problems or hidden litigations linked to the property;
- obtain a close and important verification of the documents involved;
- have a complete idea about the property you are about to purchase in China.
We also mention that according to the Chinese legislation, you can ask for environmental due diligence, which reports whether the property you wish to buy is located in a safe region without any environmental risks involved. Our experienced lawyers in real estate due diligence in China are at the disposal of foreign investors looking to enter the real estate market and make purchases in this sense.
The Chinese Property Law
Chinese Property Law regulates the purchase of land in China. Foreigners who want to buy a property in China need to satisfy certain conditions in order to be deemed eligible. For example, they have to stay for at least one year in the country before making any real estate transaction. Moreover, according to Chinese law, foreigners cannot buy land in China because the land is state-owned. An individual who has purchased a property in China must research the property at the Land Registry in order to obtain information about the existing property rights and encumbrances. When a real estate transaction is made in China, any title transfer is registered at the Land Registry. At this stage, a new ownership certificate is issued for the property.
Our Chinese attorneys can help you submit all the necessary documentation to the Land Registry in China. Moreover, we can give you additional information about the associated costs.
The land registration system in China
In China, the registration of land and real estate is separate. The owner must register the two at different authorities and obtain two different certificates of registration. The national property registry was recently implemented, aiming for a nationwide property registry and a platform for information management.
Shared information about the real estate registration in China
The real estate registration system in China contains information that can be accessed on request by those interested in buying assets in the country. The relevant authorities can offer transaction details regarding land registry in areas like agriculture, maritime, construction, or forestry. Furthermore, the unified real estate registration system in China can be accessed by the police, the financial, or the civil affairs departments to provide complete information for future buyers.
Registering the property contract in China
The Land Registry in China can issue the certificate of property ownership as soon as a contract is provided. This is an important document that comprises information about the former owners of the property, about the type of construction, the price, the name of the new owners, and details about the litigation matters. Information about the property or the building is included in a sale/purchase contract, as stipulated by the law. Also, a contract cannot be drafted without the signatures of both the former owner and the present proprietor, plus all the bank documents showing that the property has been paid for. It is important to verify the documents of the property you wish to buy in order to avoid cases of hidden mortgages or fees you are not aware of. This is why a real estate and property due diligence is recommended, a matter where our Chinese lawyers can provide complete legal assistance and information.
What is the property reference number?
The Property Reference Number, or the PRN, is issued by the Land Register in China in an electronic format for each property. This number is normally used in any real estate transaction as part of the document’s issuance.
Real estate statistics China
Here are some interesting statistics about real estate that will help you when you want to buy land or any other property in China:
- At the end of 2024, the floor space of commercial buildings for sale increased by approximately 10.6%.
- Around CNY 10,028 trillion was the total investment in real estate development in China in 2024.
In addition to support for buying land in China, we can also help you in other legal situations. For instance, our divorce lawyers in China can legally represent you in the separation process. Do not hesitate to contact us if you want to immigrate to China and purchase a property in this country. We assist foreign citizens in all the legal procedures linked to relocation and land purchase.