The Developer’s Role in the Surging Chinese Condominium Housing: Through the Comparative Lens of the US System

Chen, Lei

Abstract

Although the Chinese Property Code of 2007 has formalised condominium ownership, the minimal provisions regulating developers in creating condominium projects are incompatible with the crucial role they play. This oversight in Chinese law has been the root cause for many problems and disputes arising from the developers’ management of building projects and administrative practices. This paper explores a wide spectrum of roles that developers play in the planning, construction and management of condominiums in China. This paper also engages in a critical analysis by comparing current Chinese law and practices with the American Uniform Common Interest Ownership Act. It concludes that developing rules to improve regulation of developers willprovide legal certainty and predictability for purchasers.

Citation

Chen, L. (2010). The Developer’s Role in the Surging Chinese Condominium Housing: Through the Comparative Lens of the US System. Asia Pacific Law Review, 18(2), 233-242. https://doi.org/10.1080/10192557.2010.11788234

• Journal Article Type: Article
• Online Publication Date: Nov 4, 2016
• Publication Date: 2010-12
• Deposit Date: Sep 22, 2023
• Journal: Asia Pacific Law Review
• Print ISSN: 1019-2557
• Electronic ISSN: 1019-2557
• Publisher: Taylor and Francis Group
• Peer Reviewed: Peer Reviewed
• Volume: 18
• Issue: 2
• Pages: 233-242
• DOI: https://doi.org/10.1080/10192557.2010.11788234
• Public URL: https://durham-repository.worktribe.com/output/1740181