Home   FAQ  Corporate Service  China  Q&A Regarding China's " Urban Real Estate Administration Law of the People's Republic of China"(4) 

FAQ

SHARE

Corporate Service - China

Question

Q&A Regarding China's " Urban Real Estate Administration Law of the People's Republic of China"(4)

Answer
Q: What procedures should be followed when transferring real estate with land use rights obtained through allocation?
A: Where the right to use land is obtained through allocation, when transferring real estate, it shall be reported to the people's government with the approval authority for approval in accordance with the provisions of The State Council. Where the people's government with the approval authority grants the transfer, the transferee shall handle the formalities for the grant of the land use right and pay the land use right grant fee in accordance with the relevant state regulations.

Q: What conditions should be met for the pre-sale of commercial housing?
A:
  1. All the land use right transfer fees have been paid and the land use right certificate has been obtained;
  2. Hold a construction project planning permit;
  3. Calculated based on the pre-sold commercial housing provided, the funds invested in the development and construction have reached more than 25% of the total investment in the project, and the construction progress and the date of completion and delivery have been determined.
  4. Apply for pre-sale registration with the real estate administrative department of the county-level or higher people's government and obtain the pre-sale license for commercial housing.
The pre-seller of commercial housing shall, in accordance with relevant state regulations, file the pre-sale contract with the real estate administrative department and the land administrative department of the people's government at or above the county level for registration and record.
The proceeds from the advance sale of commercial housing must be used for the relevant construction projects.

Q: What does real estate mortgage refer to?
A: Real estate mortgage refers to the act of a mortgagor providing a guarantee for the performance of a debt to a mortgagee by using his or her legal real estate without transferring possession. When the debtor fails to perform the debt, the mortgagee has the right to be preferentially compensated from the proceeds of the auction of the mortgaged real estate in accordance with the law.

Q: What does house rental refer to?
A: House leasing refers to the act where the owner of a house, as the lessor, leases the house to the lessee for use, and the lessee pays rent to the lessor.

Q: What conditions should real estate intermediary service institutions meet?
A:
  1. It has its own name and organizational structure;
  2. Have a fixed service location;
  3. Have the necessary property and funds;
  4. There are a sufficient number of professionals;
  5. Other conditions as prescribed by laws and administrative regulations.
To establish a real estate intermediary service institution, an application for establishment registration shall be made to the administrative department for industry and commerce. Only after obtaining a business license can it commence business.

Language

繁體中文

简体中文

日本語

close