Construction & Real Estate

PRC land law presents complex challenges to local and foreign investors alike. Both types of investor frequently under-estimate or are unaware of the unique concepts relating to land and real estate in China, particularly with relation to land ownership and land-use rights. Navigation of this unique area is therefore often difficult and those unfamiliar are constantly at risk of falling into any number of pitfalls.

With extensive experience and expertise in this area of law, our Construction & Real Estate team is able to provide authoritative strategic and commercial solutions on a full range of construction and real estate projects throughout China.

Client Services

Sales & Acquisitions

• Due diligence on the legal status of real property and related rights, including transfers and grants, and verifying the related documents
• Matters pertaining to the land acquisition process, including land-use rights grants and transfers  
• Advising on real estate transfer/pre-sale contracts and other relevant documents
• Preparing and reviewing property management agreements
• Assisting with the legal handover (including registration) of acquired or leased real property
• Preparing and reviewing decoration and renovation contracts
• Assisting with negotiations and the resolution of contract disputes
• Preparing and reviewing mortgage contracts, secured loan agreements and other similar agreements
• Assisting with all matters pertaining to real estate investment trusts

Leases

• Preparing master leases to be used by local subsidiaries
• Conducting legal due diligence on the qualifications of landlords, including the right, capability and authority of landlords to grant a lease, and verifying the related documents
• Drafting, reviewing and revising leases and other relevant documents
• Assisting with the transfer and registration of leases

Manufacturing Facilities

• Advising on asset purchases, M&A and OEM arrangements
• Assisting with mortgage and land-use rights registration
• Advising on environmental and other regulatory compliance issues

Representative Transactions

• Represented the Reignwood Group (Hua Bin) on its luxury retail and property development projects, its management agreement with Fairmont International Hotels in Beijing, and on the exclusive Pine Valley Golf Resort and Pine Valley Polo Club
• Served as PRC counsel for the US$ 245 million IPO of Xinyuan Real
  Estate, the first Asian real estate company to be listed on the
  NYSE, as well as advised on issues relating to both commercial and residential properties
• Advised a U.S. hedge fund on its investments in a local real estate developer and a property management company, with a total investment amount of approx. US$ 224 million
• Advised Intel on issues relating to land-use rights and title transfers
• Advised Bovis Lend Lease on PRC land law, property development, foreign investment and RMB funds
• Advised a private European consortium with respect to the renovation and development of the historic and symbolic Qianmen Avenue site in Beijing with a total investment of approx US$ 1 billion
• Advised Rinker Materials (Cemex) on issues relating to their factory building erected on collectively owned land
• Advised Duty Free Shoppers (DFS) on office and residential leases in Shanghai
• Advised Philip Morris on office leases in major cities in China, and prepared a standard lease for all of its local entities
• Assisted Sperian Protection on negotiations with a leading local real estate company in Shanghai and prepared the relevant transaction documents
• Advised Electronic Arts on office and residential leases, and assisted in related negotiations
• Assisted Tyco International in negotiations on plant and building leases and prepared the relevant transaction documents
• Advised Semperit on land transfer issues, the construction period extension for its transferred land, and the compensation payment for its plant's relocation
• Advised Rolex on property appraisals

Government Relations and the 2008 Olympics

TransAsia also enjoys an excellent working relationship with the PRC Ministry of Land & Resources, Ministry of Commerce and other key government agencies.  

As a result of our recognized expertise in this area, the Beijing Municipal Housing & Land Bureau and the Beijing Municipal Government Development & Planning Commission retained TransAsia for the clearance and resident relocation issues relating to the 2008 Olympic Village site, and the preparation of all public tendering documents for the construction of the major stadium for the 2008 Olympics.

Publications

Together with the PRC Ministry of Land & Resources, TransAsia conceptualized and produced A Professional's Guide to PRC Land Legislation (Sweet and Maxwell 1999), a loose-leaf, bilingual guide to all aspects of Chinese land law.

Representative Clients