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Real Estate

China

As an investor, developer, occupier, construction consortium or asset manager, your real estate deals are executed to tight deadlines within complex local legal systems. With over 450 lawyers in more than 40 countries, we give consistent legal advice across borders, coordinated from your home market.

Whether you are market leaders in the construction industry, small and medium-sized construction companies, builders and property developers, architects, engineers and project managers, public corporations, banks, savings banks and insurance companies, institutional investors, property administrators and facility managers, wholesale and retail operations or industrial enterprises, we have the specialists to help.

Through decades of experience of doing deals in China, our team has gained extensive experience. We advise clients on a wide range of projects and disputes related to real estate, such as acquisition and development of real estate, drafting and negotiation of construction, lease and service contracts and development agreements, and public procurement law. If you are launching or operating a real estate fund or setting up a real estate related joint venture, our funds and corporate experts can give you country-specific support. This approach allows us to guide your tax, planning, debt financing, construction and management issues in addition to your traditional real estate portfolio and property management work.

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23/01/2015
New Reg­u­la­tion Fo­cus on PRC Uni­form Real Es­tate Re­gis­tra­tion Sys­tem
The cur­rent PRC real es­tate re­gis­tra­tion sys­tem is very scattered and ves­ted in dif­fer­ent au­thor­it­ies. At present, the Min­istry of Land and Re­sources is in charge of re­gis­tra­tion of land use right cer­ti­fic­ates...
10/03/2015
China In­sight - Real Es­tate
On 3 Feb­ru­ary 2015, the PRC Min­istry of Civil Af­fairs (“MCA”), the Min­istry of Land and Re­sources as well as oth­er eight gov­ern­ment­al au­thor­it­ies jointly is­sued the Im­ple­ment­ing Opin­ions on En­cour­aging...

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15 January 2021
CMS, China ranks in ten prac­tice areas in Leg­al 500 Asia Pa­cific
We are pleased to an­nounce that CMS, China has been ranked and re­com­men­ded in ten areas in the Leg­al 500 Asia Pa­cific 2021 edi­tion. We con­tin­ue to be re­cog­nised in the areas of An­ti­trust and com­pet­i­tion...
14 January 2021
The rise of the glob­al ex­pert ser­vices prac­tice: Court of Ap­peal guid­ance...
A Court of Ap­peal de­cision earli­er this week has up­held an in­junc­tion gran­ted by the TCC pre­vent­ing an in­ter­na­tion­al ex­pert ser­vices firm from act­ing for more than one party to an in­ter­na­tion­al con­struc­tion...
01 December 2020
PRC Su­preme People's Court Is­sues Draft of In­ter­pret­a­tions Ap­plic­able to...
On 9 Novem­ber 2020, the PRC Su­preme People's Court ("SPC") pro­mul­gated the In­ter­pret­a­tions Ap­plic­able to Se­cur­ity-re­lated Parts of the Civil Code of the People's Re­pub­lic of China (Draft for Com­ment)...
30 November 2020
CMS, China Guide on New PRC Civil Code
On 28 May 2020, the Civil Code of the People's Re­pub­lic of China (“PRC Civil Code”), which is the People’s Re­pub­lic of China’s first com­bined co­di­fic­a­tion of the civil law ever, has been ad­op­ted...
10 November 2020
Belt and Road videocast: Avoid­ing and man­aging risks, plan­ning for suc­cess
Leg­al and reg­u­lat­ory is­sues are the risks most of­ten as­so­ci­ated with the Belt and Road Ini­ti­at­ive (BRI), ac­cord­ing to a re­cent CMS sur­vey. In the first videocast of our BRI series, CMS part­ners dis­cuss...
20 October 2020
Dr. Oliv­er Maaz in­tro­duced Chin­a's new Civil Code and Su­preme Court reg­u­la­tions...
On 20 Oc­to­ber 2020, Dr. Oliv­er Maaz, Part­ner and Head of Real Es­tate & Con­struc­tion at CMS, China was in­vited to give a speech at the event "Real Es­tate and Con­struc­tion - Op­por­tun­it­ies & Risks, In­nov­a­tion...
09 October 2020
Over­view on the Newly Amended Law of the People’s Re­pub­lic of China on­Pre­ven­tion...
02 October 2020
Belt and Road Ini­ti­at­ive
China’s Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve, of­fer­ing new op­por­tun­it­ies for na­tions, com­munit­ies and busi­nessesIt is now ex­pli­citly aligned with many areas that are in­creas­ing pri­or­it­ies for in­ter­na­tion­al busi­nesses, such as ESG prin­ciples and sus­tain­ab­il­ity. But in 2020 it faces un­pre­ced­en­ted head­winds, in­clud­ing the glob­al pan­dem­ic and trade dis­putes.As a lead­er in many Belt and Road sec­tors, CMS has polled and in­ter­viewed over 500 BRI par­ti­cipants around the world, about their cur­rent think­ing on BRI and the pro­spects they see for it. Our find­ings from China, Asia Pa­cific, Cent­ral and East­ern Europe, Middle East and North Africa re­gion are avail­able now.Re­ports on the Africa and Lat­in Amer­ica will be pub­lished in the com­ing months.me­di­um­me­di­um­me­di­um­me­di­um­me­di­um­me­di­um
02 October 2020
BRI - View from APAC
The Asia-Pa­cific re­gion (APAC) has seen ex­tens­ive Belt and Road (BRI) in­vest­ment already, and prom­ises much more.But our sur­vey of BRI par­ti­cipants in APAC re­veals un­ex­pec­ted levels of am­bi­val­ence about some as­pects of BRI pro­jects.Can these po­ten­tial dif­fi­culties be tackled in a way that will ad­dress con­cerns about is­sues such as trans­par­ency and sus­tain­ab­il­ity, and en­cour­age the great­er in­volve­ment of in­ter­na­tion­al busi­nesses that China hopes to see? And how are the un­pre­ced­en­ted prob­lems of 2020, in­clud­ing the glob­al pan­dem­ic and trade dis­putes, af­fect­ing the pro­spects of BRI?Our APAC re­port looks at is­sues in­clud­ing:Dif­fi­culties in BRI pro­jects ex­per­i­enced by APAC par­ti­cipants, and the po­ten­tial for resolv­ing these.The ef­fects of Cov­id-19 on BRI.Mit­ig­at­ing BRI risk and man­aging dis­putes.Po­ten­tial trends in the fin­an­cing of BRI pro­jects.The sec­tors at­tract­ing the most in­terest among BRI par­ti­cipants.The im­pact of BRI 2.0.
30 September 2020
Over­view on the Newly Amended Law of the Peoples Re­pub­lic of China on Pre­ven­tion...
The newly amended Law of the People’s Re­pub­lic of China on the Pre­ven­tion and Con­trol of En­vir­on­ment­al Pol­lu­tion Caused by Sol­id Waste (“Sol­id Waste Law”) came in­to force on Septem­ber 1, 2020. This...
28 September 2020
BRI - View from China
The Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve. Its par­ti­cipants are in­creas­ingly look­ing to meet the trends of the fu­ture. Af­ford­able pro­jects, em­bra­cing mod­ern tech­no­lo­gies and meth­ods, as well the “open, green and clean” ap­proach of BRI 2.0, will of­ten be those that stand the greatest chance of suc­cess – a point un­der­lined by China’s re­cently an­nounced tar­get for car­bon neut­ral­ity and Pres­id­ent Xi Jin­ping’s call for a green re­cov­ery of the world eco­nomy.But how are the un­pre­ced­en­ted dif­fi­culties of 2020, in­clud­ing the glob­al pan­dem­ic and trade dis­putes, af­fect­ing the pro­spects of BRI?Wel­come to the first of a series of re­ports that as­sess the chal­lenges for BRI and the steps that BRI par­ti­cipants can take to achieve both suc­cess for them­selves and a pos­it­ive fu­ture for BRI. This re­port is in­ten­ded primar­ily for a Chinese read­er­ship and is there­fore avail­able in both Eng­lish and Chinese.The re­port ex­am­ines:Why Chinese par­ti­cipants in BRI are more gen­er­ally pos­it­ive about it than non-Chinese par­ti­cipants, and how this may be re­solved.The ef­fects of Cov­id-19 on BRI, and new en­thu­si­asm for the Health Silk Road.How to mit­ig­ate BRI risk and man­age dis­putes.Po­ten­tial trends in the fin­an­cing of BRI pro­jects.The im­pact of BRI 2.0.
27 August 2020
Tail­ings Man­age­ment and New Stand­ards of Reg­u­la­tion
Tail­ings dam fail­ures have put the min­ing in­dustry in the head­lines for the wrong reas­ons in re­cent years. Dam fail­ures can have dis­astrous con­sequences in terms of loss of life and en­vir­on­ment­al dam­age...