Instructions on Property Lease and Transactions
ⅠInstructions on Property Lease
1. Scrutinize the property title deed and the original of the identity paper and household registration book of the property owner to ensure his or her qualification to lease the property, and find out the property’s ownership and mortgage status;
2. If the leased property is to be devoted to office or business purposes, it must have been designated as commercial property and the land on which it stands must have been designated as non-residential; otherwise, the tenant will not be able to obtain a business license;
3. It is recommended to use the standard form contract, which is jointly made by the industrial and commercial department and housing administration department. You can download it from SCXX.WHFCJ.GOV.CN;
4. Check if the property is currently held under lease. If yes, the new lease agreement cannot be registered and filed by the authorities;
5. Ask for a receipt for any rent paid.
ⅡInstructions on Property Transactions
Foreign nationals who intend to reside or study in China for more than one year are allowed to purchase commercial properties needed for personal occupations. They are not, however, allowed to purchase commercial properties that are not for personal occupations.
Overseas entities and individuals who are allowed to purchase commercial properties for their own occupation should make the purchase under their real names and complete the land use rights and property title registration formalities with the local land and property authority by presenting valid certificates (certificates showing the Chinese government approvals permitting their work or studies in China).
A property deal that involves a foreign party should be notarized, and a power of attorney that authorizes the disposal of a property should also be notarized or witnessed by a lawyer.