- Foreign individuals may buy — but the national baseline is one self-use residential property, and only after working or studying in China for over one year. 全国性口径：在华工作或学习满一年以上，可购买一套自用自住住房。
- City-level purchase restrictions apply on top of the foreign-buyer rule — in Shanghai both layers must be cleared. 上海还须同时满足本地限购政策，两层规则叠加适用。
- Purchase funds must enter China through the compliant property-purchase settlement channel — not through informal transfers. 购房资金应经合规结汇渠道入境。
- Freehold does not exist: apartments sit on granted land-use rights (70 years residential, renewable under the Civil Code). 住宅建设用地使用权 70 年，期满自动续期。
- Rules are policy-sensitive and vary by city and over time — verify eligibility before paying any deposit; figures here are subject to current regulations. 政策随时调整，付定金前先核资格。
The eligibility framework
The national baseline comes from the 2006 Opinions on Regulating the Access to and Administration of Foreign Investment in the Real Estate Market (Jian Zhu Fang [2006] No. 171, the “171 Document”): a foreign individual who has worked or studied in China for more than one year may purchase one residential property for own use and own residence — not for letting out as a business, not as a portfolio. Foreign institutions without a China establishment, and individuals not meeting the one-year test, are outside the door. Over the years enforcement has loosened and tightened with the property cycle, and some cities have relaxed aspects of it in recent policy rounds — which is precisely why eligibility should be confirmed against current local practice, not against a forum post.
全国性依据为建住房〔2006〕171 号文：在境内工作、学习超过一年的境外个人可购买一套自用自住住房。历年执行口径随楼市周期松紧变化，购前应按当地现行执行口径核实。
In Shanghai, the city’s own purchase-restriction regime sits on top: non-local buyers have historically needed a qualifying record of social insurance or individual income tax payment in Shanghai (commonly described as five years; adjusted for certain districts and statuses in recent policy rounds), with married/single status affecting how many units a household may hold. A foreign buyer must clear both layers. Holders of a Chinese permanent residence card are in a materially better position, being treated comparably to Chinese residents for many purposes — subject to current regulations.
在上海，外籍买家须同时满足本市限购（历史口径为连续缴纳社保或个税满五年，近年多轮政策对部分区域和人群有所放宽）；持中国永久居留身份证者待遇明显更优。以现行规定为准。
The transaction, step by step
| Stage 阶段 | What matters for a foreign buyer 外籍买家要点 |
|---|---|
| 1 · Eligibility check 资格核验 | Confirm the one-year work/study test, Shanghai restriction compliance and name-spelling consistency across passport, permits and tax records — before any deposit. |
| 2 · Due diligence & contract 尽调与合同 | Title check (mortgages, seizures, co-owners, tenancies), and a bilingual review of the sale contract — the registered Chinese contract is what binds you, not the agent’s translation. |
| 3 · Funds & payment 资金与付款 | Inbound purchase funds go through the bank’s property-purchase settlement review with the sale contract and eligibility documents. Structuring the money through friends’ accounts to skip the review creates foreign-exchange compliance risk — see the Money guide. |
| 4 · Taxes & registration 税费与登记 | Deed tax on purchase (rate depends on size and holdings), VAT and individual income tax exposure on a later resale depending on holding period and whether it is the seller’s only home — rates are policy-adjusted, subject to current regulations. Ownership passes on registration at the real estate registry, not on payment. |
Frequently asked
For contested transactions — seller default, deposit disputes, tenancy conflicts, defect claims — the matter runs with Delta Law’s real estate department (Chinese-language column), with this desk as your English interface.
- Opinions on Regulating the Access to and Administration of Foreign Investment in the Real Estate Market (Jian Zhu Fang [2006] No. 171)《关于规范房地产市场外资准入和管理的意见》 —— the eligibility conditions for purchases by foreign individuals, supporting "The eligibility framework".
- Civil Code of the PRC, Book II (Real Rights), Art. 359《民法典》物权编 —— the renewal of residential construction land-use rights, supporting "The eligibility framework" and "Frequently asked".
- Shanghai municipal housing purchase restriction policies as currently in force —— supporting the Shanghai eligibility tests in "The eligibility framework".
- SAFE rules on property-purchase settlement by foreign individuals —— supporting the funding and settlement steps in "The transaction, step by step".
This page is general legal information, not legal advice on any specific case. Figures and thresholds are subject to current regulations. 本页为一般性法律信息，不构成个案法律意见；具体标准以现行规定为准。
