Before Signing House Contract
Notice before Signing House Contract
A foreigner may find a house in Beijing himself or through a real estate agency. However, due to your special status as a foreigner, you need to obtain a written consent from relevant authorities in Beijing before signing the contract.
Therefore, once you have found a suitable house or apartment, you must ascertain firstly whether the property management unit concerned has the Certificate for house leasing issued by Beijing Municipal Housing and Landing Administration with “foreign-related” stamp on it.
You may not rent if any of the following circumstance applies:
- there is no legal proof of ownership;
- houses sealed up by rulings or decisions of judicial or administrative organs, or housing and land rights restricted in other was by these organs;
- houses of joint ownership without the prior consent from other joint owner(s);
- ownership is disputed;
- the building is illegal;
- the houses don't meet safety standards;
- mortgaged houses without consent of the mortgagee;
- houses that do not meet requirements set by public security, environmental protection, health or other competent authorities;
- other hoses that may not be rented according the laws, regulations and rules
when you have chosen the house to rent, you need to ask your foreign institution or foreign chamber of commerce to send a note as soon as possible to the administrative department of Ministry of Foreign Affairs, PRC, information department of Ministry of Foreign Affairs, PRC or Beijing Foreign Enterprise Service Company(FESCO) according to the use of the house to make a written application for renting the house.
The note should state clearly the name and title of ther renter, the intended use of the house, the address of the house(detail street name, building number and apartment number) etc.
Only after you have received the consent in a reply from the competent authorities can you sign the lease with the lessor. If your application is turned down for failing to meet relevant requirements of Beijing Municipality, you have to give up the house and try to locate another one.
How to find a proper house
If you are a new comer in China, you may find it difficult to locate a house for yourself. The housing company of the Beijing Diplomatic Service Bureau and FESCO will provide free consult service on office or residence housing, including recommending to foreign institutions suitable candidate houses when necessary. You may also rely on trust-worth housing agencies to do the job for you. When purchasing house, you need to check whether the real estate developer has the full se of formalities for the sale. After you have chosen the house you need to go through relevant formalities with Beijing Municipal Housing and Land Administration Bureau.