Foreigners buying a flat in China
hello,
Can anyone help me with some questions related to buying a flat in China (not necessarily in Beijing). I know this is the BEIJINGER, but perhaps some of you have experience or can suggest contact in other cities.
1) 1 year minimum residency with Student or Work Visa (in order to buy property)
Does this rule still apply, or has it been lifted only in Beijing, but in other parts of china, you still need to meet the 1yrs residency requirement?
Assuming, we need to be resident for 1 year, can you buy in a cities different from where you lived?
2) 1 year minimum residency with Student or Work Visa (in order exchange FX into RMB).
I am pretty sure that a bank will only allow you buy more than 50kUSD/year only if a)you are buying a house and b) if you have been living in China more than a year.
So, it looks to me that while rule 1) may (or may not) have been lifted (and maybe only in BJ), you still need to in China for more than one year, otherwise you have no funds to buy the property. So, my current understanding is that, for all practical purposes, you kind of still really need the 1year residency.
3) Buy to rent out or buy more than one apartment
My understanding is that foreigners can only buy to live in and not for investment. This would imply that a) cannot rent out (because it would be an investment) and b) cannot buy two or more (as you can only live in one place at the time...although some people do otherwise:))
Perhaps, you can buy the house, leave it empty and live somewhere. but there would be no rental income.
Can this rule be flexed (legally), if you buy one property in one province and another in another province?
4) Does any of the above change in anyway from province to province?
5) What happens when you sell the house. How can you a) convert the sale proceeds from RMB into USD and b) send USD back home. Do the usual max daily conversion/transfer apply, or given that the money comes from the sale of an apartment and the funds (at least purchasing costs) came from abroad in the first place, through the documented process (2), there will be no problem in taking the money back home
6) Finally, does anyone have some information on the above from original sources (whether is Gov't policies, estate agents (reputable), etc..
Any contacts with estate agents who know this stuff well can be helpful, in return for passing the business to them.
thanks and Happy TIGER to all




ReneeWine
Re: Foreigners buying a flat in China
Do you want to buy a flat in which city in China?
michele2009
Re: Foreigners buying a flat in China
I haven't decided where yet, it depends on some of the answers to my questions.
nihaohello
Re: Foreigners buying a flat in China
Are you out of your mind?!
How can you expect an informed balanced (short) response to a question that is equivelant to:
"I want to move to the USA...I know there are a lot of cities...based on XXX-XX and YYY factor, can you please given an overview of each option?"
Your options are to get professional advice, or learn Chinese and use Chinese websites.
michele2009
Re: Foreigners buying a flat in China
thanks for your advice nihaohello, it is always refreshing to see that the beijinger forum attracts some polite and useful responses.
I will do as you suggest, will try to learn Chinese in the next couple of weeks...hadn't really thought of this option..I just assumed everyone should just learn English.
If you had read my post properly, you would have noticed that I did indeed ask for any contacts with professional advisors...and I did share with everyone the (little) knownledge I have gathered so far.
P.S. do the rules for foreigners buying houses in the US vary a lot from State to State?
gdbill
Re: Foreigners buying a flat in China
Where did you hear that this policy had been lifted in Beijing? A friend of mine is in the process of buying a property in Beijing now and was told that it had not been modified -- still limited to one.
In any event, you are not restricted to any specific area.
If the purpose is to purchase property, the exchange limit of $50k to RMB is waived by the State Administration of Foreign Exchange.
If you buy one house as your primary residence and then later move, you can rent the house out legally. What you cannot do is buy the house with the intent to rent it out.
You get another waiver from S.A.F.E.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
michele2009
Re: Foreigners buying a flat in China
thanks gdbill for your useful answers.
this is one of the many articles I read about the restriction being lifted (it is for 2009, so I am not sure it is still in place for 2010)
http://www.china-briefing.com/news/2009/01/26/beijing-lifts-restrictions...
after making a few phone calls to various offices in charge for the transfer of property, I noticed that, while this 1-year policy is still in force, in practise its application is pretty relaxed and it depends much on the city, the area within the city and if the guy in the office is in a good mood.
A little trickier is to get the FX exchange through as, almost every bank follows PBC/SAFE 6 point rule, that include the minimum one year residency. Again, there is some flexibility on the application of this rule and individual bank managers in various cities have different ways to check if this condition is met.
To summarise, these are anecdotal information I gathered around, but have not actually gone through the process myself, so I cannot guarantee it is correct. But you can tell your friend to shop around various districts on Beijing and various banks to see what answers they give.
thanks again
coco-nuts
Re: Foreigners buying a flat in China
GDBill is right on the point about the one year requirement. If the seller tells you that it has been lifted, you should check it out (and doublechek and doublecheck). Because when it comes time to apply for the title, the local district government will not issue it to you if this one year residency requirement is not complete.
bigsisjiejie
Re: Foreigners buying a flat in China
I also concur with what gdbill told you. My understanding on some of the restrictions being lifted is that it was only through December 2009, and would not carry over into 2010. So unless the gov't extending some of the waivers of restrictions on foreigner purchases (and I missed the memo, which is possible), assume they are still in effect and being enforced. Though it is true, following the regulations varies with the location. All-cash buyers will always find more wiggle room than mortgage seekers.
One option on selling: if you can find a buyer that can pay in hard currency (i.e. not RMB), it simplifies your paperwork burden of converting money and getting it out of the country considerably. This was a lucky circumstance for a friend of mine who sold an apartment a few months ago and managed to find an Aussie dollar buyer. But no guarantees.
A bigger question--which the OP didn't ask but which might be useful to other readers--is "Is it a smart move to buy property in China right now?" As a professional in the development and construction business (but not a sales agent), I can't answer that question definitively for every situation, but will warn you to be very very careful that you are not buying into a bubble. Frankly, the best time to buy in most of China's major first-tier cities was 2006 or earlier, and in many places, that ship has sailed. For the investor rather than the owner-occupier, purchase costs, (raw prices and mortgage costs) are up, while rents in many sectors are down or stagnant. Do that financial math carefully to see if things make sense. There are a lot of people in China who are going to find out the hard way that real estate doesn't always keep going up in value...it's just a matter of when.
gdbill
Re: Foreigners buying a flat in China
There many ways to skirt currency restrictions. You can ask a local friend to help you buy / sell $50k. Or you can find a money changer. I haven't used one in ages, but I see them hanging around banks sometimes.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???