(Approved by the State Council on August 2, 1984 and promulgated by the Ministry of Urban and Rural Construction and Environmental Protection on August 25, 1984)
For the purposes of strengthening the administration of private houses owned by foreigners in the territory of China and protecting the legitimate rights and interests of the house owners, and in accordance with the relevant laws and regulations, these Regulations are formulated as follows:
I. The administration of the residential and non-residential houses owned individually by one foreigner or jointly by two or more foreigners in the territory of China and for their own use or for renting out (hereinafter referred to as "foreigners' private houses") shall be in conformity to the provisions of the Regulation on the Administration of Urban Private Houses.
II. The owner of a foreigners' private house must carry out the registration formalities for the ownership at the real estate administration authority of the people's government (hereinafter referred to as "real estate administration authority") in the place where the house is located and shall acquire, after being examined and verified, the house owner's certificate therefrom; with respect to the transfer of the ownership of, or the change of the present conditions of, a house, or the owner's nationality, the owner must carry out the registration formalities for the transfer or change at the real estate administration authority in the place where the house is located.
III. In carrying out the registration formalities for the ownership of foreigners' private house, the transfer or changes, the certificates of nationality and occupation as well as the following documents must be presented:
1. in the case of newly-built, rebuilt or expanded house, the construction license approved by the planning administration department in the place where the house is located and the building drawings are required;
2. in the case of a newly-bought house, the original certificate of title, the contract for house transaction and the title deed of the house are required;
3. in the case of a house accepted as gift, the original certificate of title, the deed of gift or deed of demised house and the title deed of the house are required;
4. in the case of a house exchanged, the certificates of title of both parties, the written agreement signed by both parties and the title deeds of the houses are required;
5. in the case of an inherited house, the original certificate of title, the document for the inheritance and the title deed of house are required;
6. in the case of a house allotted from one's family properties, the original certificate of title, list of the said allotment and the title deed of the house are required;
7. in the case of a house the demolition of which has been approved, the original certificate of title and the permit of demolition are required.
If the required documents are incomplete or the ownership of the house involved is uncertain, the registration shall be postponed until conditions are ripe.
IV. In the case where a foreigners' private house is rented or lent out, the lease contract or the lending document involved shall be submitted for the record to the real estate administration authority in the place where the house is located.
V. The owner of a foreigners' private house who is unable to carry out personally the registration formalities for the ownership or for the transfer of ownership or for other changes may delegate authority to an agent or a Chinese lawyer; and if so doing, the power of attorney shall be required.
The owner of a foreigners' private house who, by reason of his absence from the place where his house is located or by other reasons, is unable to manage affairs concerning his house, may delegate authority to an agent residing in the place where the house is located. If so doing, the power of attorney shall be required.
VI. All documents and certificates for the registration of the ownership and the transfer of ownership or other changes and for the delegation of agents must be notarized. A document notarized in a foreign country shall be verified and confirmed by the Ministry of Foreign Affairs of the said country or by its authorized agency, and by the Chinese embassy or consulate in the said country.
Such documents and certificates must be the originals. If they are prepared in foreign languages, notarized and verified translations in the Chinese language must be resented at the same time.
VII. These Regulations are not applicable to houses owned by Chinese-foreign equity joint ventures, Chinese-foreign contractual ventures and foreign-capital enterprises.
VIII. These Regulations shall enter into force on the date of promulgation.
