FOREIGN COMPANIES AND INDIVIDUALS’S REAL ESTATE ACQUISITION IN PRC

Monday, August 14, 2023, By Nan Chen, Legal assistant

Since July 2006, foreign companies and individuals are no longer permitted to directly acquire and hold PRC real estate for “investment purposes” (eg, greenfield evelopment projects and acquisition of buildings for investment holding and/or leasing). Today, foreign companies and individuals must obtain approval from the PRC foreign investment authority to set up a local company to carry out real estate
investment.

I. INTRODUCTION

According to the current law, foreign companies and individuals may directly acquire PRC real estate for “self-use” or “self-residence” purposes in certain limited circumstances. Foreign companies may purchase a “reasonable quantity” of buildings for self-use for their representative offices or branches in China. Note, however, that foreign companies and individuals from countries without diplomatic relations with China could be restricted from acquiring PRC real estate even for self-use purposes.

II. APPLICATION MATERIALS

For application with the designated bank, foreign individuals and entities need to submit the following materials:

1. Branches or representative offices established by foreign entities

(1) Sales or pre-sales contract for the property;
(2) Approval documents for the establishment of the domestic branch or representative office and valid registration certificate;

(3) Relevant certificates issued by the competent real estate authority regarding the registration and filing of the pre-sales contract of the property signed by the domestic branch or representative office; and
(4)A written undertaking stating that the purchased property meets the principle of self-use.

2. Foreign individuals who have worked or studied in China for more than one year

(1) Sales or pre-sales contract for the property;
(2) Identification certificates;
(3) Valid employment contract or study certificate for more than one year;
(4) Relevant certificates issued by the competent real estate authority regarding the registration and filing of the pre-sales contract of the property signed by the foreign individual.

III. LOANS

In addition, according to a statement issued by China’s National Development and Reform Commission in 2012, medium and long-term loans (i.e. loans exceeding one year in duration) given to foreigners by foreign banks for the purpose of home purchases will not be permitted. This statement applies to all foreign banks in China, which means foreign banks can no longer borrow money from overseas to provide medium and long-term loans to foreigners for the purposes of home purchases.
However, such banks can still use their own funds to provide mortgages to foreigners.
Alternatively, foreigners have the option of seeking home mortgages from domestic
Chinese banks.
Reference

1. https://www.china-briefing.com/news/regulations-on-real-estate-property-purchases-by-foreigners-in-china/

2. https://resourcehub.bakermckenzie.com/en/resources/global-corporate-real-estate-guide/asia-pacific/china/topics/real-estate-law

3. https://www.mohurd.gov.cn/gongkai/zhengce/zhengcefilelib/200607/20060726_1577

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ETHNOBOTANICAL GARDEN OF THE CITY OF OAXACA: A SPACE DEDICATED TO THE CARE AND PROPAGATION OF ENDEMIC PLANTS OF THE STATE.

Friday, August 11, 2023, By Jessica Hernández, Real estate advisor and marketing analyst in SILMÉXICO

Located just behind the church of Santo Domingo de Guzmán, is the ethnobotanical garden, a space dedicated to the safeguarding and study of endemic flora of the state of Oaxaca, it is one of the favorite places of nationals and foreigners who visit the City.

How did this sanctuary come about?

The Garden is part of the Santo Domingo Cultural Center, which occupies the old convent that was built in the 16th and 17th centuries for Dominican friars. The land of the Garden was part of the old orchard of the convent.

This space served as a barracks from the mid-19th century until 1994, and was used as dormitories, parking lots, sports fields, and other military facilities. In colonial times it had other uses linked to the life of the convent, as can be seen in the remains that have been restored inside the Garden: irrigation and drainage channels, ponds, lime kilns, laundry rooms, a ceramic oven, and a paved road for the carts that supplied food and fuel. 

The hundreds of plants that can be seen in the garden began to be planted in July 1998, and since then, the arduous task of collecting, planting, propagating, and caring for them, etc, has been carried out.

Why was it called Ethnobotanical?

In addition to exhibiting the plant species that inhabit the state, this garden was founded to show the close relationship between plants and culture, since a large part of them, both in ancient times and today, are used as food, medicine, condiments, dyes, and have been a source of inspiration in art.

In addition to a nursery, the garden has a seed bank, a herbarium, and a specialized library where visitors can consult information on flora, ecology, and botany.

Do not forget to visit this site on your next visit to the City, and let yourself be surprised by the beautiful flora of the different regions that make up our state. Besides that, it is a place where you will be happy to take more than 1 photo.

TOPOGRAPHY AND ITS IMPORTANCE IN CONSTRUCTION

Wednesday, August 9, 2023

By Edilberto Bautista Cruz

Civil Engineer at SILMÉXICO

Topography is the science dedicated to the study of land and its forms through coordinates (X, Y, Z), planimetric and altimetric, through which a three-dimensional representation of the terrain can be made. 

This science is one of the primary tools for civil engineering, it is responsible for geometry to process and disseminate information on the physical, geographical, and geological characteristics of a certain terrain to later bring them to a plane and carry out construction projects.

On rough terrain, topography is even more important, as unevenness can make construction difficult and increase costs. 

For example, if the terrain is very steep, it may be necessary to build retaining walls or embankments to level it. Which will result in a significant increase in construction costs.

To measure the surface of the land it is necessary to make use of different techniques, including the use of theodolites, levels, and total stations, to obtain precise information for the creation of maps and plans that help make decisions about the design and building of a project.

Within the construction services offered by SILMÉXICO, we take care of carrying out soil studies with the help of topography,

visiting the site to reconnoiter the terrain, and reviewing where the key points will be, such as the baseline, landmarks, and necessary references. In the case of photogrammetry, a drone is used for a preliminary flight to reconnoiter the terrain and the area, to plan another flight for a later visit, with this information a work table is made in which the surveyor selects which are the coordinate points to be able to do its survey, either with a total station, with a GPSRTK or with a drone, once this work is done, that cloud of points is processed to be able to define the sections and profile that will help to know the conditions of the terrain to seed the architectural project and match it physically. All this is done by returning to the field and restating the tied project.

Once the data has been compared in the field and the office, the work is carried out, in which topography continues to play the main role, since it is in charge of laying out and leveling the land that will be cut to form the platform on which the construction will be planted, the topography will closely follow the entire construction process of the work, since with its guide the outline of the walls and placement of the floor levels will be carried out. Likewise, care will be taken to avoid collapses in the walls and columns during the process. At SILMÉXICO we will help you ensure that your construction is in optimal conditions throughout the process, taking care of each of the vertical and horizontal details.

For more information about our wide range of construction, accounting, marketing, and legal services in the real estate branch, contact us through any of our communication channels,

info@silmexico,

951 127-13-80,

or visit any of our offices in the state of Oaxaca.

WHAT IS TURN-KEY REAL ESTATE?

Tuesday, August 8, 2023

By Jessica Hernández 

Real Estate advisor in SILMÉXICO

Maybe in your search for your new home or your next investment, you have found properties with the title “turn-key” on real estate websites, and you may not have a clear definition of it.


First, we will set its overall definition, most of the people in the industry mention that a turn-key property is one that is occupied or move-in ready, with appliances in working condition and no obvious structural or electrical issues. Although “turnkey” homes are not fixer-uppers, they may nonetheless require cosmetic upgrades or a refreshing.

    • What are the advantages of investing in turn-key properties

    • The benefits of turnkey properties are numerous, especially when you invest within emerging markets. These turnkey properties already reside in strong neighborhoods, so you immediately have a positive property investment in place. 

    • Another benefit of turnkey properties is the rental cash flow they create. And when you work with a real estate investment firm, they help you seek out tenants and show you how to successfully keep them long-term. You’re guaranteed a steady stream of cash flow, which is essential to keep your investment thriving. 
    • While rental income is one of the most common reasons to invest in turnkey properties, the ability to resell is what sets these investments apart. Sure, you can flip a home or build a condo complex for a quick payout, but with a rental property, you’re building equity, generating passive or semi-passive income, and you’ll still have the property to resell.
    • There should be minimal repairs or renovations needed on the property. 

In conclusion, generally speaking, turn-key properties don’t have to be “new” or “modern”, however, they have to be livable and ready to rent out upon purchasing. If they meet those requirements, they are considered turnkey. 

If you found yourself interested, find out about the wide range of real estate that we offer in SILMÉXICO and contact us through any of our different communication channels:

info@silmexico.com 

951-127-1380