Yes, but usually through a structure rather than by direct personal ownership. Foreign individuals face restrictions on holding land directly, so foreign investors typically invest through a Bangladeshi company, which can generally acquire land and buildings for its business, subject to land law limits and approvals. The investment is registered with Invest Bangladesh or BEPZA, and capital comes in through banking channels. We advise on the right structure for each real estate investment and on how dividends and sale proceeds can be repatriated later. Settle the structure before funds are remitted.

Common risks include breaks in the chain of title, discrepancies between deeds and survey records, incomplete mutation, inherited land not properly partitioned among heirs, claims of khas or vested property, pending suits, unregistered agreements for sale, forged documents and overlapping claims by developers or buyers. Agricultural land conversion and land ceiling rules can also matter. We trace title through deeds, record-of-rights, mutation records and court searches, and explain which risks can be cured before closing and which should be priced or excluded. Allow time for searches across several offices.

Protection comes from structure and documents. Investors usually hold shares in a platform company with board seats, reserved matters over budgets, acquisitions, borrowing and related party deals, information rights and audit access. Funding obligations, dilution protection and deadlock mechanisms set out what happens when the business needs money or partners disagree. Exit rights, such as drag and tag rights, put options and listing or sale provisions, need careful drafting so that they can be enforced in Bangladesh. We draft these terms and review their interaction with company law and exchange rules. Each right should be tested against the constitution.

In a typical Dhaka arrangement, the landowner contributes land and the developer funds and builds a project, with completed apartments or commercial space shared in agreed proportions, sometimes with a signing payment to the landowner. The agreement is supported by a registered power of attorney allowing the developer to obtain approvals and sell its share. Disputes often arise over delays, quality, allocation and changes in plans. RAJUK rules apply. We draft and review these agreements for investors, developers and landowners, and advise on remedies when a project stalls. Delivery dates and penalties for delay should be stated precisely.

Bangladesh has a fund framework under the securities regulator, and there has been longstanding discussion of real estate investment trusts and dedicated property funds. Whether a particular structure is currently available, and on what terms, depends on the rules in force when the fund is launched, which have been changing. Many international investors still use offshore funds investing through Bangladeshi companies. We review the current regulatory position for any proposed real estate investment fund, compare onshore and offshore options, and advise on registration, governance and tax for the chosen vehicle. The fund rules should be checked again immediately before launch.

Property transfers attract stamp duty, registration fees, local government tax and tax at source collected at registration, with rates varying by location and property type. Gains on sale may be taxed, and rental income is taxed with withholding in many cases. Share sales of property-owning companies have their own tax treatment, including withholding on transfers by non-residents. VAT may apply to apartments sold by developers. We model the expected tax cost of a real estate investment at entry and exit, working with tax advisers. Registration-stage costs belong in the deal budget from the start.

Foreign investors who brought capital in through banking channels and registered their investment can generally repatriate dividends after tax through the authorised dealer bank, subject to documentation. Proceeds of selling shares in a Bangladeshi company to another investor may need Bangladesh Bank processes, including valuation and evidence of the original investment. We set up the documentation trail at entry, so that repatriation works smoothly at exit, and advise on the approvals and tax clearances needed when a real estate investment is sold. Keep remittance advices, registration papers and valuation reports together.

Remedies depend on the investment documents and the type of default. Shareholder agreements may provide for dilution, step-in, buy-out at a discount, or forced sale, while development agreements may allow termination, damages or completion by another developer. Arbitration clauses can provide a faster forum than the courts, and interim relief may protect the site. We review the documents quickly, advise on the strongest route, and act in negotiation, arbitration or litigation to protect the project and the investor's capital. Notice of default should be served exactly as the contract requires.