중국의 집합건물 법제에 관한 연구 - ｢중화인민공화국 민법전｣의 구분소유권과 관리 제도를 중심으로 - = A Study on China's Legal Framework for Condominium Ownership and Property Management - Focusing on Condominium Ownership and Property Service Contracts under the Civil Code of the People’s Republic of China -

중국 집합건물의 구분소유권과 관리 제도를 검토했다.

In China, ‘high-density urban housing’ and the ‘commodification of condominiums’ have necessitated a legal framework to provide a coherent legal framework for exclusive areas, common areas, and joint management relationships. Mainland China does not have an independent condominium legislation equivalent to Korea's Condominium Act.

Instead, the ownership and management of multi-unit housing and complex buildings are regulated by combining the division of ownership of buildings in the Property Rights section of the Chinese Civil Code, building management service contracts in the Contracts section, the State Council's "Regulations on Property Management," judicial interpretations by the Supreme People's Court, and local norms.

This study analyzes the formation and structure of the current normative framework, the content of condominium ownership, rights regarding common areas, and joint management rights, the autonomy of owners' general meetings and owners' committees, double majority voting, management contracts, income derived from common areas, special repair funds, and dispute relief, focusing on the national-level legal system of mainland China as of July 2026.

Furthermore, it examines judicial trends following the implementation of the Civil Code by reviewing recent reference and typical cases published by the Supreme People's Court regarding electric vehicle charging facilities, the termination of management contracts, and the collection of management fees. The Civil Code has made significant progress in codifying the complex rights structure of subdivided building ownership and management contracts, and in strengthening standards for information disclosure, the attribution of common-property income, and the replacement and handover of management companies.

However, the effectiveness of the system is still constrained by discrepancies in voting standards between the 2018 edition of the Regulations on Property Management and the Civil Code, the unclear legal status of owners’ organizations, high participation requirements in large-scale complexes, developer-led pre-management, a lack of transparency regarding public revenue and repair funds, and procedural differences across regions. The Chinese legal framework is characterized by a mixed-type communal housing governance that recognizes private subdivided ownership while combining it with the support of resident committees.