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Real Estate & Construction

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 while the Min­istry of Hous­ing and Urb­an-Rur­al De­vel­op­ment is in charge of re­gis­tra­tion of real prop­erty own­er­ship cer­ti­fic­ate. This will cre­ate over­laps, omis­sions and some­times con­tra­dic­tion in the re­gis­tra­tion prac­tice. The scattered re­gis­tra­tion sys­tem usu­ally re­quires the right hold­er to go through dif­fer­ent gov­ern­ment­al au­thor­it­ies for in­quir­ies and changes in own­er­ship items. This is time-con­sum­ing and lacks ef­fi­ciency.Please ac­cess the News­let­ter to read more.
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 Private Cap­it­al to Par­ti­cip­ate in the De­vel­op­ment of Eld­erly Care In­dustry (the “Im­ple­ment­ing Opin­ions”). The Im­ple­ment­ing Opin­ions provide more de­tailed rules on land sup­ply, pref­er­en­tial policies on fees and taxes, in­vest­ment and fin­an­cing policies on na­tion­al level for the eld­erly care in­dustry. We high­light be­low the most sig­ni­fic­ant stip­u­la­tions in­tro­duced by the Im­ple­ment­ing Opin­ions.Please ac­cess the News­let­ter to read more.

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13/08/2020
Over­view on Key Is­sues of the Tort Li­ab­il­ity Part of China’s First Civil...
06 April 2020
CMS Ex­pert Guide to COV­ID-19 im­pact on con­struc­tion in­dustry
As the en­tire eco­nomy has been hit hard by the out­break of the COV­ID-19, also the con­struc­tion in­dustry is cur­rently fa­cing dra­mat­ic and dis­rupt­ive chal­lenges re­gard­ing fin­an­cial pres­sure, la­bour short­ages and sup­ply chain is­sues. In or­der to help our cli­ents, we have pro­duced a fre­quently up­dated, com­par­at­ive guide over the im­pact the COV­ID-19 has on the con­struc­tion sec­tor across vari­ous jur­is­dic­tions.
07 August 2020
Treaty claims for can­celled or mod­i­fied in­fra­struc­ture pro­jects in the...
A re­cent IC­SID tribunal has denied an in­vestor’s claim con­cern­ing the de­vel­op­ment of an air­port pro­ject in Latvia. The in­vestor was un­able to pro­ceed with the con­struc­tion of its pro­ject due to nu­mer­ous...
7/23/2020
China re­vises key Con­struc­tion and Plan­ning Laws
31 March 2020
CMS Ex­pert Guide to COV­ID-19 im­pact on lease agree­ments
COV­ID-19 is dom­in­at­ing the glob­al news and af­fect­ing all areas of busi­ness life. For both land­lords and ten­ants, the ques­tion arises as to the im­pact of the COV­ID-19 pan­dem­ic on their lease re­la­tion­ships. In this guide you will find a use­ful over­view of the im­pact COV­ID-19 has on leases across vari­ous jur­is­dic­tions. Please note that this com­par­at­ive ana­lys­is is based on our cur­rent eval­u­ation and is a sub­ject to fur­ther up­dates and amend­ments.
23 July 2020
China re­vises key Con­struc­tion and Plan­ning Laws
1. Short In­tro­duc­tion In ac­cord­ance with the De­cision of the Stand­ing Com­mit­tee of the Na­tion­al People's Con­gress, re­vi­sions were made to pub­lic con­struc­tion and plan­ning laws in China in­clud­ing the Con­struc­tion...
09/07/2020
CMS, China Talks About the PRC Civil Code on China Law Pod­cast
01 July 2020
PRC Su­preme People's Court An­nounces Guid­ing Opin­ions (III) on Tri­al of...
On 08 June 2020, the Su­preme People's Court (“SPC”) of the People’s Re­pub­lic of China (“PRC”) pro­mul­gated the Guid­ing Opin­ions (III) on Sev­er­al Is­sues Con­cern­ing Law­ful and Prop­er Tri­al of Civil...
6/24/2020
Over­view on Key Is­sues of the Con­tract Part of China’s First Civil Code
24 June 2020
Over­view on Key Is­sues of the Con­tract Part of Chin­a's First Civil Code
The People’s Re­pub­lic of China’s (“PRC”) first com­bined co­di­fic­a­tion of the civil law ever, i.e. the PRC Civil Code (“PRC Civil Code”), was ad­op­ted on 28 May 2020 and con­sists of 7 Parts and...
6/16/2020
Over­view on the Stip­u­la­tions on Prop­erty Rights in China’s First Civil...
16 June 2020
Over­view on the Stip­u­la­tions on Prop­erty Rights in Chin­a's First Civil...
The Civil Code of the People’s Re­pub­lic of China (“PRC Civil Code”) which was ad­op­ted on 28 May 2020 and will take ef­fect on 1 Janu­ary 2021 con­sists of 7 parts and sup­ple­ment­ary pro­vi­sions at the...