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Rules on RE Purchase by Overseas Organizationzs & Individuals
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From time to time, we got inquiries like this: "Can a foreigner buy real estate in China? If can, how?" Please check the following rules for the answer:1. Overseas individuals shall be allowed to purchase a set of residential property in China for self use. Overseas organisations which have established a branch office or representative office in China shall be allowed to purchase non-residential real estate for office use in the city of registration, unless otherwise stipulated by laws and regulations.1、境外个人在境内只能购买一套用于自住的住房。在境内设立分支、代表机构的境外机构只能在注册城市购买办公所需的非住宅房屋。法律法规另有规定的除外。
2. Real estate administrative authorities at all localities shall, in addition to inspection of the materials stipulated in the Administrative Measures on Urban Commodity Housing Presale and the Measures on Real Estate Registration and verification of the home ownership status of the home buyer, inspect the following when processing the filing of commodity housing presale contract and registration of property rights by overseas individuals:2、各地房地产主管部门在办理境外个人的商品房预售合同备案和房屋产权登记时，除应当查验《城市商品房预售管理办法》、《房屋登记办法》规定的材料及验证购房人持有房屋情况外，还应当查验：
(1) certification issued by the relevant authorities that the overseas individual (excluding Hong Kong, Macau and Taiwan residents and Chinese compatriots) has worked in China for more than one year; in the case of Hong Kong, Macau and Taiwan residents and Chinese compatriots, certification that he/she is working, studying or residing in China.(1)有关部门出具的境外个人（不含港澳台居民和华侨）在境内工作超过一年的证明；港澳台居民和华侨在境内工作、学习和居留的证明。
(2) a written undertaking by the overseas individual that he/she does not own any other residential property in his/her name in China.(2)境外个人名下在境内无其它住房的书面承诺。
3. Real estate administrative authorities at all localities shall, in addition to inspection of the materials stipulated in the Administrative Measures on Urban Commodity Housing Presale and the Measures on Real Estate Registration and verification of the real estate ownership status of the real estate buyer, inspect the following when processing the filing of commodity housing presale contract and registration of property rights by overseas organisations:三、各地房地产主管部门在办理境外机构的商品房预售合同备案和房屋产权登记时，除应当查验《城市商品房预售管理办法》、《房屋登记办法》规定的材料及验证购房人持有房屋情况外，还应当查验：
(1) an approval document issued by the relevant authorities for establishment of branch office or representative office in China and a registration certificate.(1)有关部门出具的在境内设立分支、代表机构的批准文件和注册证明。
(2) a written undertaking by the overseas organisation that the real estate purchased is for office use.(2) 境外机构所购房屋是实际办公所需的书面承诺。
4. Overseas organisations and individuals shall apply for foreign exchange settlement for real estate purchase strictly pursuant to the Notice on Issues Relating to Standardising Foreign Exchange Control in Real Estate Market.Designated foreign exchange banks shall strictly examine the application materials submitted by overseas organisations and individuals for foreign exchange settlement for real estate purchase for the applicants; for applicants which comply with the provisions, designated foreign exchange banks shall, upon processing foreign exchange settlement for real estate purchase for the applicants, forthwith process filing registration in the foreign exchange control information system for direct investments of the foreign exchange bureau strictly pursuant to the relevant provisions. 4、境外机构和个人申请购房结汇，应当严格按照《关于规范房地产市场外汇管理有关问题的通知》办理。外汇指定银行在为申请人办理购房结汇时，应当严格审核境外机构和个人提交的申请材料，对于符合规定的，外汇指定银行在为申请人办理购房结汇手续后，应当严格按照相关规定，在外汇局直接投资外汇管理信息系统办理即时备案登记。
Note: In those cities where purchase restriction policy apply, the purchaser also need to check the local specific requirements on real estate purchase注意：在适用限购政策的城市，购房者还需要了解当地关于购房资格的具体要求。
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