Buying & Selling Property in China: Legal Guide for Foreign Nationals

Foreign nationals can purchase property in China, but the process comes with specific rules and restrictions. This guide covers the legal framework, procedures, and the impact of the Hague Apostille Convention.

Who Can Buy Property in China?

• Foreign individuals must have worked or studied in China for more than one year
• Foreign institutions must have established branches or representative offices in China
• Purchases must be for self-use or residence only — investment purchases not permitted
• In cities with purchase restrictions, comply with local policies

Property Registration

Qualified foreign buyers must use the real-name system and register at the local land and real estate authorities. You'll need:

• A certificate proving you've worked in China for more than one year
• A written commitment that you have no other housing in China
• Your valid passport or ID documents

Land Use Rights

In China, you own the building and lease the land:

• Residential: 70 years (automatically renewed under the Civil Code)
• Commercial/tourism/entertainment: 40 years
• Industrial/education/science: 50 years

Selling Property in China

1. Power of Attorney — If you can't be present, you'll need a notarized power of attorney. Many foreigners hire professional real estate lawyers.
2. Hague Apostille — Since November 2023, China is a party to the Hague Convention. Documents executed in the US only need notarization plus an apostille — no consular legalization required.
3. Chinese Bank Account — Needed to receive sale proceeds.
4. Transfer of Ownership — Visit the housing management department with all required documents.