Foreigners buying property in Beijing
Does anyone have any practical advice for this day and age in Beijing?
I'm mainly interested in the process, regulations, government paperwork, requirements, etc. for a foreigner to buy property in Beijing.
Thanks in advance for any advice one can shed on this topic!




bluefish
Re: Foreigners buying property in Beijing
Sorry no one has replied before now. That's probably because we're all reluctant to just tell you directly that the best advice anyone can give you is DON'T DO IT. Do not try to buy property here. It will be a nightmare from the moment you start. You will regret it every day, and you will spend a fortune to "buy" (if you can even call it that–you're actually just renting for a really long time) something that is structurally poor, and which can easily be ruined by the actions of neighbors. Then you'll pay constantly escalating taxes for it. You have no guarantee that a totalitarian government won't change all the rules on you next month, next year or ten years from now, in such a way that you will lose everything and get little or nothing in compensation.
If you really want detailed information, I recommend the buying apartment guide on the middlekingdomlife site:
http://middlekingdomlife.com/guide/buying-apartment-in-china.htm
Good luck, and don't do it.
gdbill
Re: Foreigners buying property in Beijing
Don't listen to Bluefish. He's psychotic.
The most fundamental requirement aside from having money is that you need to have been living in China for one year already on either a work or study related residence permit.
If you are buying the property from a property developer, the process is pretty easy and the risk very minimal. You will need a down payment of at least 30% and often up to 50% and the remainder can be obtained via mortgage.
Mortgages are relatively easy to obtain -- much easier than in the US, for example.
The only additional regulation pertains to expats buying property in sensitive areas. For example, if the home is located close to a sensitive government ministry or military installation, they will not approve the purchase. The property developer already knows this and will not even let you make a purchase offer.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
mjtaylor
Re: Foreigners buying property in Beijing
I don't see the issue with buying here, we bought. It's fairly straight forward in all honesty. And the thing about it being "only a lease for 50/70 years" is dishonest. You don't really buy anywhere in the us, you still have to pay property taxes every year.
gdbill
Re: Foreigners buying property in Beijing
I think you are confused about the ownership / property tax issue.
If you look on the actual deed when you get it, it will specifically state how long it is good for. What will happen after 50 to 70 years? Nobody knows yet. The government has stated they will not take houses away from people when the land lease expires.
You are right that in the US you have property taxes to pay. There will soon be property taxes to pay in China, too. At least in the US paying your taxes gives you access to free basic education. Even the supposedly free education in China is not free.
Taxes in the US pay for valuable services. Who plows your road in winter? Who pays for street lighting? Police and fire services that in many communities actually function?
You get what you pay for. In China you pay nothing and you get crap.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
BJnerd
Re: Foreigners buying property in Beijing
I love it how in Beijing - the great 'northern capital' - we deal with a snowstorm by having ayi's run around with brooms and garbage cans instead of proper snowplows and the whole world stops. Good times.
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gdbill
Re: Foreigners buying property in Beijing
What's even funnier is that some companies have their employees out removing snow from their property using their hands or dustpans & brooms.
It is funny.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
Monkey King
Re: Foreigners buying property in Beijing
That's the question, isn't it? What sane person would rest easy because of any promise the Chinese government makes?
It's rare, but you occasionally see these lease situations in the U.S. too. In my hometown, for example, for some reason all of the lakefront property is sold like normal real estate, but in fact it's a 99-year lease from the city.
That hasn't stopped it from being the most expensive property in town, though, because no one thinks the municipality will simply seize their home when the lease expires. Some of the leases are coming close enough to expiring that the debate about exactly how to handle it has started, but everyone is confident that they'll be treated fairly when the time comes.
Can you have that same confidence in China? Hell no. Especially if you're a foreigner.
I don't see the gov't repossessing homes en masse, but I sure wouldn't put it past them to find excuses to take back the homes of anyone they want to put the screws to.
"China is a big country, inhabited by many Chinese."
--Charles de Gaulle
gdbill
Re: Foreigners buying property in Beijing
My point was that buying China w/o annual property taxes is not comparable with buying property in the US and paying property taxes.
In any event, you are right in that nobody knows what the Chinese government will do. Still, I also believe that Elvis is really dead and that man did land on the Moon and that there are a lot of alternative crackpot theories out there. While the government could just say that after 70 years everybody is crap out of luck and back to square one, it's highly unlikely especially if the government wants to avoid what they are most afraid of -- a massive uprising.
I have not encountered situation in the US where you can buy property and only keep it for 99 years, but I'm sure it should not be a surprise to those who have bought that property unless they failed to read all the documents at closure.
In any event, even in the US they can take your home away from you against your will. The law of eminent domain is alive and well in the US and also in China. Still, if you need a place to live and would rather build equity rather than throwing away money on rent, it's a chance you have to take. I bought property here for investment purposes and also bought property here to have a place of my own in which to live. At the time I got into the market, times were good and I am pretty lucky. Right now I probably wouldn't buy for investment purposes, but to have a place to live in might not be bad if after crunching the numbers it's better than renting.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
Monkey King
Re: Foreigners buying property in Beijing
Agree with everything above, especially with the difference between buying property and paying taxes in the U.S. and buying here.
Good point about eminent domain in the U.S., too, although I spent a few years doing work that had me siding with the "evil" government, and in every case I was involved in, the property owners were treated extremely fairly and generously. The only time we had problems quickly reaching an "everybody's happy" agreement were when a property owner saw the situation as a chance to get rich quick and demanded as much as ten times the market value of the land in question.
And while what will happen when these 70 year leases start expiring is a huge question mark, it really wouldn't be a major factor in my decision to buy or not buy.
I'm scared to death at the idea of buying residential real estate in Beijing today, but for different reasons. I'm jealous of guys like you who bought when prices were still reasonable. If I were in that position, I think I'd be looking to sell at some point within about a two year window and take my profits, but if I planned to live in Beijing for another decade or so I might think differently.
"China is a big country, inhabited by many Chinese."
--Charles de Gaulle
mjtaylor
Re: Foreigners buying property in Beijing
The law was enacted in 1990. The clock starts ticking when the developer buys the land, so do your homework I guess. But either way, this won't start being an issue until 2040 for those with 50-year properties. Our's is up in 2075. The thing to remember however is that it ain't gonna last that long, it'll be redeveloped and you'll be bought out long before that happens. If you want something without those limits, they exist, generally old 四合院 are exempt entirely.
If somehow you manage to live in a thing that eventually reaches the limit, odds are pretty high that they'll renew the lease rather than deal with the unrest.
Property taxes in the US are pretty much b.s., over here it's companies which pay property tax. If a property tax is enacted, it'll be limited to those with more than X properties. Schools, services, etc. linking this to property tax is crap and the only reason for it was to not have to fund black areas with "white" money. It's a lot more security over here and not having those payments. If you lose your job, if something happens that sets you back a few years... at least you have a place to live and can't just be kicked out over property tax b.s.. Not so much in the US. In the US either you rent from a landlord or you rent from the government and that's pretty much all there is to it.
gdbill
Re: Foreigners buying property in Beijing
I don't think the ability to only hold on to property for 50 - 70 years was enacted in 1990 because I have seen deeds from long before that that show the property owner only has a fixed time to enjoy the land rights. I have seen anywhere from 50 to about 65 because, as you say, the rights run from the date the property developer obtains usage over the land.
Right now they are just starting out and in the development stage where those in certain cities with multiple properties pay tax, but the stated goal is that all property owners pay property tax. It's just like the capital gains taxes on property sales. Before it didn't exist and then they started with those with multiple properties and not extended it to those who have only one but have not lived in it more than a certain number of years prior to selling it. When the government wants money -- and they inevitably will -- they will turn the screws on those who can supposedly most afford it.
Your understanding of the property tax system in the US is infantile, at best. The idea is that funding for local services come from local residents. That's why property taxes are pretty much determined based on county or school district. If I live in, say, a certain county in LA why should I be paying for schools 75 miles away? If you want to live in an area with crappy schools, then that's a problem you need to discuss with your shrink or your priest and not with me.
Your understanding of "security" is even more absurd -- bordering on laughable. No matter where you live, if you do not have money then life sucks. Yes, in the US you pay property taxes, but also -- with the exception of cities such as NY -- for $800,000 you can buy virtually a mansion. In Beijing you can get a 170 m2 apartment of crappy quality in a crowded area with almost no available parking. And even though you may pay cash for the apartment, things are not as rosy as you pretend if you lose your job. Who pays management fees for you? Electricity? Special assessments when elevators fail? Water? Hot water? Public electricity? Schooling for your kid? If you don't have money saved for those unexpected emergencies in Beijing and you are only earning the city average salary of 5,000 RMB per month, you're life is garbage and the ability to be able to stay in your home -- especially if you have a mortgage -- is minimal.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
mjtaylor
Re: Foreigners buying property in Beijing
yea... i don't have a mortgage... mortgages are for suckers. pay in cash.
and yep, if you buy a property and flip it, you should pay out the ass in taxes for it. live in it longer than 5 years and you are in the clear. property taxes will not be applicable for the normal person here even if they do come out with them.
funding for local services should be equalized and distributed by the state. america is a settler nation and as such pretty much all of it's system is based on that mindset. the property tax system in the us is one of the most f***ed up aspects.
manru23
Re: Foreigners buying property in Beijing
Hi, can those of you better experienced than I, tell me in the least sarky, agitated way possible how I-a 20something, Chinese-speaking student, can go about buying property in a small area of Jiangsu, not a hotspot but somewhere I can settle down with my Laogong, as I'll be footing most of the money (have about half readily available)I of course want financial security as much as possible should anything untoward happen. I did reside in china on a student visa but still continuing further study in England atm, A new development due to be ready next year has caught my eye...would I be ok to go for it or should I wait until I've lived in china for a few years then look for property-also a bit worried about the proposed inflation of china property prices...Any help would be appreciated as I have so many websites saying so many different things.Rather daunting, Thanks again.
gdbill
Re: Foreigners buying property in Beijing
Unless you or a co-purchaser is a Chinese national, you are not allowed to buy property unless you have already lived in China for at least one year on either a student or work-related residence permit. If you wish to obtain a mortgage, you'll need to show the bank a source of stable income.
Right now property prices are a guess and anybody who pretends to say differently is a psycho. Nobody with any degree of certainty can say whether they will increase or decrease. In some areas, prices are decreasing but not at an alarming rate. It all depends on where you will be located and the conditions in that area.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
manru23
Re: Foreigners buying property in Beijing
thanks gdbill, the co-purchaser would be a Chinese national, so would signing both our names be ok? the area I want to live still isn't up there with Beijing but it's going through a big revamp with lots of construction and property in nearby areas have already sky-rocketed, hence my prediction of probable price increase, I know there's much to think about and alot of running around to do, but knowing it's possible would at least give me more motivation.
gdbill
Re: Foreigners buying property in Beijing
It would be better if you both purchased the property together.
You know, there was a recent court decision here about dividing real estate if the marriage ultimately fails. Depending on whether the couple is actually married and who puts up the money for the house, if the marriage fails the property isn't necessarily community property.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
manru23
Re: Foreigners buying property in Beijing
Yes I believe it derives from the Chinese tradition of the Grooms family having to buy the house and many wealthy families worried about their sons attracting golddiggers who plan to run off with money in the divorce, I recently read the law states that instead of the estate being divided by halves like in the UK, it would be awarded to the family who invested the most. Some of the people I've spoke to think England should adopt something like this, haha.
gdbill
Re: Foreigners buying property in Beijing
It does seem fair, but it can also be abused by the males (usually) to keep a wife submissive and not to make a big stink if the guy has a mistress.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
ilovebananas
Re: Foreigners buying property in Beijing
If I just moved back to China but have lived/Studied here for multiple years in the past will that count? Or do I have to wait a full year before trying to make a purchase?
gdbill
Re: Foreigners buying property in Beijing
That's a good question!
The way it was explained to me is that the one-year period must be continuous up to the time you actually buy the home. So, supposedly any break in residency in the year immediately before purchasing would disqualify one.
I think this is one where your mileage may vary.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
karmakid
Re: Foreigners buying property in Beijing
1. Make sure your are eligible. Uninterrupted 1 year on working VISA.
2. Go to the VISA office near Yong-he-gong to get your “I have worked 1 year in China”-certificate. Takes 7 working days. Costs less than 100 from what I remember. You need a bunch of photos but you can take them there. Just bring passport, emplyment contract, and work permit.
3. Now get your passport translated (takes 1-3 days) and costs 300 RMB, This is done at the 公证处, a place Kafkaesque nightmarish place.
4. Find an apartment and a nice real-estate agent
5. Purchase certificate: Give your passport, translated passport, temporary residence card(暂住证), work permit, and employment contract and give it to the real-estate agent, He will apply for a certificate to purchase apartment 资格 something.
6. Make sure you have "30%" of the apartment listing price in cash and extra for the taxes and real-estate fees.
ex. An apartment with list price 2.000.000, ends up costing 2.2M of which you are allowed to borrow around 1.3M
7. Sign a contract with land-lord and pay downpayment (5-10% of price)
8. Now go to the bank and ask for a loan, ask them first what papers you need. Roughly you can lend up to 70% of the total list price, but the cost of the mortgage cant exceed 50% of your income after tax.
9. You probably want to bring money from abroad for cash payment (首府) and tax. You can easily send money from your foreign bank to your local using BIC/IBAN. You bank knows this stuff. This wont give you RMB but you will have USD/HKD/GBP or other approved currency on your Chinese account.
10. Now, since your currency exchange limit is 50.000USD a year you need to go to the "currency office" in Xidan to get an approval to exchange more than that. Ask them in ADVANCE what you need to bring.
11. Now you should have your money, go to the bank with landlord and real estate to pay the cash downpayment. Signature time!
12. Time for 过户, this is when the apartment becomes yours. This is done in a special office for these things. Again your real-estate agent will help you.
FYI: Real-estate fee is paid by purchaser in Beijing!
++++ Disclaimer +++++
Some of the steps above might be in the wrong order. And some agents claim that its different depending on your nationality (which I find hard to believe)
gdbill
Re: Foreigners buying property in Beijing
^
You forgot to go to the Beijing Land Bureau to get permission to buy the specific property you are interested in. They have to make sure you are not buying a property in a sensitive area or in close proximity to a sensitive area.
Sometimes the real estate agent will do this for you, but make sure you ask.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
jay shaw
Re: Foreigners buying property in Beijing
Currently, foreign investors are severely limited in making investments in China’s real estate market. They must possess a Work (Z) Visa valid for 1 year and they are restricted to purchasing ONLY 1 unit of residential property. Similarly, a foreign company must set up a Representative Office in China but even then it is permitted to purchase ONLY commercial properties in the vicinity of their RO. These regulations are very restricting and will block you from truly benefiting from China’s real estate market.
But by registering a Wholly Foreign Owned Enterprise (WFOE) in China, a foreign individual and foreign company canobtain direct and total access to Chinese real estate market.--I got the informaiton on the net of http://www.jayandshaw.com/en/wgrzq/78-rei.html
gdbill
Re: Foreigners buying property in Beijing
Actually, they need to have been in China for a year or longer on any type of residence permit which includes not only for employment purposes, but also for educational purposes or as the spouse of a Chinese national.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
BJnerd
Re: Foreigners buying property in Beijing
The above "advice" is almost worth what we paid for it.
First, nobody on here is talking about foreign businesses investing in property. Everybody was clearly talking about foreign individuals purchasing a residential property to live in.
Second, there is no requirement that a foreign business has to set up a rep office. On the contrary, rep offices are now falling out of favor, and are faced with increasing restrictions on the number of visas, etc.
Third, your post seems to be advising foreign investors to form a sham company in China to engage in real estate speculation. Having a dormant company suddenly sell off the property seems like a risky strategy. Would you be able to get foreign currency exchange from the sale (to get your money out of China) if you never actually operated the business?
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gdbill
Re: Foreigners buying property in Beijing
You are right. Jay & Shaw are idiots.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
Nidaye
Re: Foreigners buying property in Beijing
Which banks will extend mortgages to foreigners? And any tips for getting the lowest interest rate (the current undiscounted rate is 7.05%)?
mjtaylor
Re: Foreigners buying property in Beijing
If you are an expat with diversified income streams, you are best off grabbing a loan based in USD at a foreign bank. You'll be looking at around 4%. If you are smart about it, you'll ensure that your USD revenue can cover it alone as well as your RMB revenue. That way, no matter which way the cookie crumbles you'll be able to hedge against exchange rate fluctuation. As an added benefit, in a worst-case situation, foreign bank debts would more or less be invalidated... domestic debts not so much.
Nidaye
Re: Foreigners buying property in Beijing
Ah, I had heard about these "US mortgages" but didn't realize that they were mortgages based in USD. When I asked the loan manager at HSBC about using a "US mortgage" to finance a local home purchase, he said it was absolutely not possible. Perhaps he thought I meant using a mortgage taken out in the US?
So how does one qualify for a USD mortgage? Does the bank require you to have assets and/or income based in the US? Or is having a large enough China income sufficient? And how does one make payments on a USD mortgage? Is it simply a matter of converting some RMB into USD and then depositing that into a USD account?
This seems like a very good option as US interest rates are likely to remain low for the forseeable future. Regarding currency fluctation, with the long-term appreciation of the RMB the effective rate of a USD mortgage would be 0% or less. Actually, it seems like a no-brainer for a foreigner looking to buy an apartment here. Or am I missing something?
gdbill
Re: Foreigners buying property in Beijing
Virtually any commercial bank that is in the mortgage business can approve you for a mortgage. That said, there are important differences between banks. For example, the People's Bank has a regulation that states no expat can obtain a mortgage for more than 50% of the value of the property. Some banks will overlook that. Also, while in theory your mortgage payment is not supposed to exceed 50% of your disposable income, most banks require your mortgage payment to be significantly less.
You'll need to ask each bank not only what documentation they require (not all banks require the same) and then about the interest rate. I obtained a discounted rate from ICBC at one point and also from Bank of China, but it can depend not only on your overall banking relationship with the bank but also on People's Bank rules. Sometimes they forbid banks from offering interest rate discounts.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???