Can Transferable Development Rights be Applied in the Chinese Context? A Comparative Study between China and the United States

Abstract

Transferable development right (TDR) is an innovative land management tool created under zoning system in the United States and widely applied in the preservation of historical buildings and natural resources. Chinese scholars have introduced it and conducted extensive research, advocating for the establishment of a trading market for land development rights. However, there are significant misunderstandings that need clarification. Firstly, In China's property rights system, "development rights" is implicitly included within the "land use rights" specified in the Civil Code. Secondly, China's quotas-trading between governments differs from the TDR system in the United States, where land development rights are traded among private landowners. Additionally, the transfer of floor area ratio (FAR) between land users does not hold practical significance in the Chinese context. Keywords: TDR, FAR, land use control, property rights