The demand for housing can be roughly divided into two categories: self-use and commercial. In the face of different needs, we will face the following situations and choices.
One is to buy self-occupied real estate.
Before buying a self-occupied property, foreigners need to make the following preparations:
1. Buyers should know whether they can buy a house in China.
Let's take Beijing as an example to illustrate. Foreigners who want to buy a house in Beijing must meet at least three criteria:
(1) Have lived in China for one year;
(2) There is no second house in China;
(3) The purchased property is used for self-use and self-occupation.
2065438+February 2006, Beijing adjusted the above standards, and the Notice of the Ministry of Housing and Urban-Rural Development on Adjusting the Relevant Policies on Foreign Investment Access and Management in the Real Estate Market cancelled the time limit for overseas individuals to work in China for more than 1 year.
Beijing Since February 4th, 20 16, Hong Kong, Macao and Taiwan residents and overseas Chinese who work, study and live in China, and overseas individuals who work in China (excluding Hong Kong, Macao and Taiwan residents and overseas Chinese) can buy a self-occupied house in Beijing; Overseas institutions that set up branches and representative offices in Beijing (except those approved to engage in real estate business) may purchase non-residential houses needed for working in Beijing.
2. Buyers should know whether the pre-sale permit of the purchased property is an export house.
If the commercial housing project is an export house, you can sign a contract for the purchase of commercial housing; If not, the developer should report to the National Security Bureau and change the building into an export house before both parties can sign a commercial housing sales contract.
Second, the purchase of non-residential real estate (commercial housing)
Foreigners need to follow the following basic requirements when purchasing non-residential real estate:
The owner of the house should provide his own tax bill, the original running water, and a valid domestic labor employment contract with a term of more than one year. Specific precautions are as follows:
1. This labor contract shall use the title of "labor contract" or "employment contract" as the contract name;
2. The employing unit in this labor contract, that is, the place where the company is registered is the same as my place of work;
3. The labor term exceeds 1 year, that is, the labor contract exceeds 1 year from the effective date of signing to the date of house ownership transfer or pre-sale registration of commercial housing, and it is still within the validity period;
4. The wages agreed in the labor contract should be compatible with the price of the purchased commercial house and within a reasonable range;
5. The labor contract shall be in Chinese, and if it is in English, a Chinese translation shall be issued;
6. It is recommended to provide a copy of the company's business license with official seal.
Third, the materials needed to buy a house
Content requirements of materials needed for house purchase: Taking Beijing as an example;
Foreigners:
1. Passport
2. Certificate of residence of overseas individuals in China issued by the Exit-Entry Administration Office of Beijing Public Security Bureau.
3 foreign examination and approval form issued by the foreign examination and approval office.
4. The business license of the branch or representative office of an overseas institution in Beijing or the registration certificate issued by the relevant administrative department; The embassies of various countries and the representative offices of international organizations in China submitted a note from the Ministry of Foreign Affairs agreeing to purchase houses.
Hong Kong and Macao personnel:
1. Pass for Hong Kong and Macao personnel to and from the Mainland
2. Hong Kong and Macao resident identity cards
3. Proof of residence of overseas individuals in China.
4. A foreign-related examination and approval form issued by the foreign-related examination and approval office.
Residents of Taiwan Province Province:
1. mainland travel permit for taiwan residents
2. Proof of residence of overseas individuals in China.
3 foreign examination and approval form issued by the foreign examination and approval office.
Overseas Chinese:
1. Passport of the People's Republic of China
2. Identity documents for long-term residence in the host country
3. Proof of residence of overseas individuals in China.
4. A foreign-related examination and approval form issued by the foreign-related examination and approval office.
Fourth, the purchase process
So far, overseas Chinese, Hong Kong, Macao and Taiwan, and foreigners are basically similar to mainlanders in the process of buying houses, and only need to add an examination and approval procedure for a foreign-related examination and approval office. The specific process is as follows:
1. The buyer and the seller sign a sales contract with the brokerage company;
2. The buyer shall go to the foreign-related examination and approval office for examination and approval;
3. The seller and the buyer shall submit the relevant information about the transfer;
4. The buyer and the seller shall go through the formalities for the transfer of house property rights;
5. get a real estate license.
Foreigners who buy a house in cash in China can apply with their passports; If you purchase by means of commercial loans, you can apply with your passport, temporary residence permit in China, income certificate and marriage certificate, but your passport must be translated before you can apply for transfer.
Whether it is the buyer or the seller, one party in the transaction is a foreigner, and it must be notarized when applying for transfer. (Notarial fee: contract price * 0.3%)
If you entrust others to act as an agent, there are two situations according to whether the property buyer is in China:
1. If the buyer is in China, submit the power of attorney notarized by the domestic notary office and a copy of the valid certificate that can prove his identity;
2. If the property buyer is not in China, he shall provide a notarized and valid power of attorney and entrust others to act as an agent. The authority of the entrusted agent can be loan matters such as contract notarization, mortgage registration and insurance in the process of borrowing money from the bank on behalf of the purchaser.
5. Information required for loan application and loan interest rate.
Foreigners have to pay the same taxes and fees as mainland residents, and they can also apply for bank housing mortgage loans. When applying for a mortgage loan, in addition to academic credentials, marriage certificate and income certificate, you should also provide a resident ID card or passport.
The proof of income is preferably a confirmation letter from the work unit or a certificate of employment. If it is an income certificate of an overseas company, it needs notarization. If it is an English certificate, a notarized translation is required.
Foreigners can choose a variety of bank loans to buy a house, and the currency can be foreign currency or RMB. The interest rate enjoys the same treatment as that of Chinese people, and is subject to the individual housing loan interest rate stipulated by the People's Bank of China.
Matters needing attention about intransitive verbs
In the process of buying a house, there are the following matters that need special attention:
1. Pre-sale registration and ownership registration.
Original and photocopy of passport, pass or identity certificate of overseas personnel, residence identity certificate of overseas individuals in China, letter of commitment and purchase contract, etc., go to the local construction committee for pre-sale registration and ownership registration.
2. Overseas people make settlement and transfer through designated banks, and pay the house price.
Foreigners can't use foreign currency to buy a house in China. When buying domestic commercial housing, they need to convert foreign currency into RMB first, and then pay the purchase price; If the payment is made directly in RMB, proof of the legal source of RMB is required.
Foreign individuals apply to designated foreign exchange banks with the following documents:
(1) Commercial housing sales contract or pre-sale contract;
(2) Proof of identity such as valid passport;
(3) Relevant certificates such as registration and filing of pre-sale contracts of commercial houses purchased in this city;
(4) A valid employment contract or student status certificate for more than one year.
When Hong Kong, Macao and Taiwan residents and overseas Chinese go through the formalities of settlement of foreign exchange, the supporting materials they hold include:
(1) Commercial housing sales contract or pre-sale contract;
(2) "Hong Kong and Macao residents to and from the mainland pass", "mainland travel permit for taiwan residents" and other identity certificates;
(3) Relevant certificates such as registration and filing of pre-sale contracts of commercial houses purchased in this city.
After verifying the authenticity, the designated foreign exchange bank will transfer the foreign exchange funds for house purchase to the RMB account of the real estate development enterprise after settlement.
Seven. Questions and answers
1. Is it convenient for foreign Chinese and China people to get married and buy a house?
It doesn't matter. If two people need to buy a house, they can buy it together.
2. Are the documents submitted by foreigners to buy a house in foreign languages or Chinese?
The real estate ownership registration authority only uses China registration ownership documents. If the documents, certificates and names submitted by foreigners when purchasing a house are in a foreign language, a notarized Chinese translation shall also be submitted.
Provincial and municipal policies will be adjusted at any time according to the actual situation. The above articles are for your reference, and the specific policies are subject to the government's policies at that time.