Foreign Participation in Housing Development in Mainland China: Legal Concerns on Property Ownership

Abstract

Since the economic reform in the 198Os, real property development, especially in the housing sector, has become one of the major economic activities in mainland China. Housing development was commercialized initially for the overseas market, particularly for the Chinese emigrants, as foreign capital was much needed. Under the new socialist market economy, a clear legal definition is still to be established for ownership of real property, which is a crucial issue for any real property development. This paper critically reviews the evolving concept of property ownership and evaluates the major pieces of legislation that govern participation of foreign investors in “commodity units” housing development. A critical evaluation highlights the legal concerns that hinder foreign involvement in “commodity unit” housing development.