TRW Insight / Bangladesh
Land-for-flats joint ventures build most of urban Bangladesh, and they fail in predictable ways: delay, disputed shares, substituted materials and revoked powers of attorney. The 2010 Act, the 2012 power of attorney law and recent High Court Division rulings decide what each side can do next.
Developer landowner dispute Bangladesh: how the 2026 framework works
A developer landowner dispute Bangladesh courts and arbitrators see today usually starts with a document signed years earlier: a joint venture agreement that swapped a plot of land for a share of the flats to be built on it, backed by a registered power of attorney that let the developer build and sell. When the building is late, the share is short, the specification slips or one side walks away, both parties discover how much of their bargain is regulated by statute rather than by the contract they negotiated.
This guide is written for landowners, developers and their advisers who are already in, or heading towards, a dispute. It explains what the Real Estate Development and Management Act 2010 requires of each side, how the Power of Attorney Act 2012 controls revocation, where RAJUK approvals and the revised Detailed Area Plan fit in, how the High Court Division has read the statutory arbitration route in section 36, and which civil and criminal remedies actually move a stalled project. For the wider property framework, read our guide to real estate law in Bangladesh; this article goes deeper on the dispute itself.

Summary: Most landowner–developer disputes in Bangladesh turn on four documents and three statutes: the joint venture agreement required by section 10 of the Real Estate Development and Management Act 2010, the registered irrevocable power of attorney governed by the Power of Attorney Act 2012, the approved building plan, and the handover papers. The 2010 Act sets a negotiate-then-arbitrate route in section 36, makes delay and wrongful revocation criminal offences, and sits alongside ordinary contract remedies such as specific performance, rescission and damages.
Key point: A landowner cannot simply tear up a registered irrevocable power of attorney given for land development. The Power of Attorney Act 2012 requires 30 days' notice by registered post, filed with the sub-registry, and suspends the power while the statutory dispute process runs; revoking without notice is a separate offence under section 29 of the 2010 Act.
At a glance
Written JV agreement
Section 10 of the 2010 Act requires a written bilateral agreement stating the developer's share, the power of attorney and start and finish dates.
Registered power
An irrevocable power of attorney for land development must be registered and has a fixed term; ending it needs 30 days' registered notice.
Section 36 route
Disputes over listed offences or breach of the agreement go first to negotiation, then to a joint arbitral tribunal formed within 30 days of notice.
Criminal exposure
Late delivery of the landowner's share, abandonment, late handover of land and wrongful revocation are all offences, tried summarily by a magistrate.
Civil remedies
Specific performance, rescission, cancellation, damages and injunctions remain available, subject to strict limitation and registration rules.
Table of Contents
Why landowner–developer projects break down
Across Dhaka, Chattogram and the larger district towns, most apartment buildings on privately held plots are produced through a joint venture between the person who owns the land and a company that builds. The landowner contributes the land and, often, receives a cash signing payment. The developer funds design, approvals and construction, then keeps an agreed percentage of the finished floor space to sell. The landowner's percentage is usually delivered as identified flats, parking spaces and a proportionate share of the land beneath them.
The model spares both sides the full cost of the project but ties them together for years. The developer controls the site, approvals and sales; the landowner holds the title the developer's buyers ultimately need. Each side therefore has leverage over the other, and a developer landowner dispute Bangladesh practitioners handle is rarely about one breach. It is usually a chain: a late approval leads to a late start, the late start leads to a cost overrun, the overrun leads to substituted materials or a demand to renegotiate the ratio, and the landowner responds by withholding cooperation or revoking the power of attorney.
Where the friction comes from
The same pressure points recur. Developer templates leave key terms vague: what counts as "completion", how flats are allocated, who bears utility connection delays and what happens if the plan approval changes the buildable area. Landowning families are often large, so a single heir who refuses to sign can block the project. Developers sell their share before the building is finished, which brings buyers into the dispute. And when the law changes the buildable floor area, as the revised Detailed Area Plan has done, both sides argue that the original ratio no longer reflects the bargain.
The legal framework for a developer landowner dispute Bangladesh courts will apply
The central statute is the Real Estate Development and Management Act 2010 (Act No. 48 of 2010). Its penal provisions in sections 19 to 32 took effect immediately on enactment, while the remaining provisions are deemed effective from 7 December 2008, the date of the predecessor ordinance.[1] The Act applies to private developers and to public–private joint ventures, but not to wholly government projects, and it extends to an individual or group who builds on their own land for sale.[1] For projects that were already running when it came into force, section 37 applies the Act so far as possible without prejudice to the parties' existing contracts.[1]
Section 10: the joint venture agreement
Section 10 requires the landowner and the developer to sign a written bilateral joint venture agreement. That agreement must state the share the developer receives, include the condition that the landowner will execute a power of attorney authorising the developer to execute and register deeds of its share in favour of its nominated buyers, and specify when the development or construction work will start and finish. The work must then start and finish in accordance with those terms.[1] A gap in any of these three elements usually explains the conflict.
The statute uses "joint venture agreement" for a contractual land-for-flats arrangement, not a joint venture company; for incorporated ventures see our guide to joint ventures in Bangladesh.
Section 9: deeds for the developer's buyers
Section 9 deals with the moment the developer's flats are ready to transfer. Where the developer has received the land under a power of attorney, the power must authorise it to execute deeds for its share itself. If the landowner has not given that authority, the landowner must execute the deed in favour of the buyer within 15 days of the developer's written request. If the landowner fails to do so, the developer may itself execute the deed for its share as though it were the owner of the land and building, notwithstanding any other law.[1] Landowners should take advice before refusing to sign.
Registration, project approval and selling off-plan
Every developer must register with the relevant authority, which the Act identifies as the city development authority (such as RAJUK or the Chattogram Development Authority), the city corporation, the municipality, the cantonment board or, elsewhere, the National Housing Authority. Registration lasts five years and is renewable.[1] A developer may not advertise a project before the authority has approved it and the developer has power to execute transfer deeds, may not sell or agree to sell any unit before project approval, and must show buyers the approval and the land ownership documents.[1] Operating without registration, and starting or selling an unapproved project, are offences carrying up to two years' imprisonment or a fine of up to Tk 10 lakh.[1]
Buyers in the middle
The 2010 Act also governs buyers' rights, including 15 per cent default compensation for late handover under section 15, covered in our real estate law guide.[1] Those rights often collide with the landowner's: a developer may have sold flats that the landowner says belong to the landowner's allocation, or a buyer may be waiting for a deed the landowner refuses to sign.
Which court now hears the dispute
The Commercial Courts Act 2026 (Act No. 23 of 2026), deemed effective from 1 January 2026, defines commercial disputes to include construction and infrastructure contracts, contracts relating to immovable property used for trade or business, joint venture agreements, and arbitration agreements, proceedings and awards under the Arbitration Act 2001.[6] Whether a residential land-for-flats agreement falls within the "joint venture agreement" category has not yet been settled, so parties should plead jurisdiction carefully. Where a suit is commercial and no urgent interim relief is sought, pre-suit mediation applies once rules prescribe it, and appeals from a final judgment lie to the High Court Division within 60 days.[6]
The registered power of attorney: the developer's key and the landowner's leverage
Without the power of attorney the developer cannot obtain approvals in the owner's name, mortgage the project or sell its share. It is the document most often revoked when relations sour, and the one the law protects most closely.
The irrevocable power of attorney under the 2012 Act
The Power of Attorney Act 2012 (Act No. 35 of 2012) defines an irrevocable power of attorney to include one given to authorise land development and the execution of deeds in exchange for consideration. Every such development power must have a fixed term and remains irrevocable during that term.[2] Registration is compulsory, and the instrument must clearly state the grantor's purpose and the attorney's duties, powers and functions, with photographs and national identity documents of both parties attached.[2] Acts done by the attorney bind the grantor as if the grantor had done them.[2]
Two features protect the developer further. First, even after the term expires, the attorney's power to sell its share, contract for sale or mortgage it for a loan continues until exercised.[2] Second, the Contract Act 1872 provides that where an agent has its own interest in the property that is the subject of the agency, the agency cannot, absent an express contract, be terminated to the prejudice of that interest.[5] A developer with a contractual share in the land has exactly that kind of interest.
How revocation actually works
The 2012 Act does allow a development power to be ended, but only through a defined procedure. If the purpose or conditions of the power are frustrated, or a party is suffering loss, either the grantor or the attorney may terminate it by giving 30 days' notice by registered post, with a copy sent to the sub-registry for recording.[2]
Once the notice is served, the power is suspended until the dispute is finally resolved, and it cannot be terminated while a dispute under section 13 of the Act is pending.[2] Section 13 requires the parties first to try to settle, then allows one party to call for a neutral mediator to be appointed jointly within 30 days; if no mediator is appointed, either party may sue.[2]
The criminal law adds a further deterrent. Under section 29 of the 2010 Act, a landowner who, after entering a development agreement, cancels the registered power of attorney given to the developer without at least 30 days' prior notice faces up to two years' imprisonment, a fine of up to Tk 10 lakh, or both.[1] A "deed of revocation" registered overnight, without notice, is therefore both legally ineffective as a shortcut and a potential offence.
Death, incapacity and multiple heirs
Landowner deaths are a frequent trigger for disputes. Where a development power has several grantors and one dies before its purpose is achieved, the deceased's heirs step into that grantor's place and act as if the death had not occurred.[2] More generally, if the grantor or a sole attorney dies or loses legal capacity before the term ends, the rights and liabilities under the instrument pass automatically to the legal heirs or successors.[2] Developers should still map every heir at the outset and obtain consents from all co-sharers; our guide to land ownership verification explains the title checks.

RAJUK approvals, building rules and the revised DAP
In many cases, a developer landowner dispute Bangladesh lawyers are asked to resolve begins with approvals. The joint venture agreement usually starts the construction clock from plan approval, so a slow or refused approval moves every later date and invites argument about who caused the delay.
Who approves the building
Within the capital region, the Rajdhani Unnayan Kartripakkha Act 2026 (Act No. 67 of 2026) now governs RAJUK. No building may be constructed or demolished in RAJUK's area without approval from the authorised officer or committee under the Building Construction Act 1952, and no other authority may grant that approval.[7] Under the 2010 Act, architectural and structural designs must be prepared and supervised by qualified professionals under the 1952 Act, must follow the applicable building construction rules and the Bangladesh National Building Code, and cannot be altered without the authority's approval.[1]
Deviation from the approved plan
Building outside the approved plan is an offence under both statutes: up to three years' imprisonment or a fine of up to Tk 20 lakh under section 26 of the 2010 Act, and up to two years or a fine of up to Tk 50 lakh within RAJUK's area under section 54 of the 2026 Act.[1] [7] Common spaces and facilities shown in the approved plan may not be reduced through deviation.[1] For a landowner, an unauthorised extra floor is no windfall: it invites enforcement and can make the landowner's own flats harder to sell.
The revised Detailed Area Plan and share renegotiation
The Detailed Area Plan 2022–2035 was revised in 2025 alongside the draft Dhaka Metropolitan Building Rules 2025, raising height limits and floor area ratios across much of the RAJUK area; in Khilgaon, for example, the ratio rose from 2 to 3.4, and in Mirpur from 2.8 to 3.4.[13] The revised plan was gazetted on 14 December 2025.[14]
For projects not yet approved, more buildable area means more flats, and landowners commonly ask for the additional space to be shared in the agreed ratio, while developers argue the extra cost of building higher justifies a different split. Unless the agreement deals expressly with changes in permitted floor area, neither side has an automatic right to renegotiate, and the dispute is one of contract interpretation.
Typical developer landowner dispute Bangladesh scenarios
Each developer landowner dispute Bangladesh clients bring has its own evidence and pressure points, but most fall into the categories below.
Delay and abandonment
Delay is the commonest complaint. The 2010 Act makes it a criminal offence for a developer, after entering a development agreement, to fail to complete the work properly and hand over the landowner's share, or its possession, within the agreed time: up to two years' imprisonment or a fine of Tk 20 lakh, or both.[1] Abandonment is treated more seriously still. A developer who signs a development agreement and then takes no action, or leaves the work unfinished without reason and without paying the landowner any financial compensation, commits a "fraudulent offence" under section 27, punishable with up to two years' imprisonment or a fine of up to Tk 20 lakh.[1]
Developers usually answer that the delay was caused by the landowner, the approving authority, utility providers, political unrest or price shocks. The 2010 Act protects a developer from liability for late utility connections where it applied in time and kept pursuing the providers.[1] Everything else turns on the force majeure and extension clauses and on dated correspondence.
Share allocation and flat selection
Disputes over the ratio itself are less common than disputes over which flats make up each share. Agreements that say "50 per cent of the built area" without a floor-by-floor allocation invite conflict over orientation, frontage, height and parking. Developers sometimes sell units before allocation is fixed, and landowners then find that the best flats have gone to buyers. The safest agreements attach an allocation schedule to the plan, require a joint allocation memorandum once the plan is approved, and prohibit the developer from selling unallocated units.
Quality, specification and measurement
The landowner's flats are usually built to the same specification as the developer's sale units, and the agreement should list fittings and finishes. Using inferior materials, or less material than promised, with intent to profit is an offence against buyers carrying up to three years' imprisonment or a fine of up to Tk 20 lakh, and the 2010 Act requires developers to repair construction defects at their own cost for at least two years after handover.[1] Landowners commonly rely on a pre-handover inspection by an independent engineer and a measured survey of carpet and common area to quantify their claim.
Landowner default: possession, interference and revocation
Landowners breach too. A landowner who fails to hand over possession of the land within the agreed time commits an offence under section 28 punishable by up to two years' imprisonment or a fine of up to Tk 10 lakh.[1] Other recurring defaults include refusing to sign approval applications, obstructing the site, re-entering a near-complete building, revoking the power of attorney without notice and refusing to execute deeds for the developer's buyers. The last of these is largely neutralised by section 9, which lets the developer execute the deeds itself after 15 days.[1]
Termination and walking away
Under the Contract Act 1872, where one party refuses to perform or disables itself from performing its promise in its entirety, the other may end the contract unless it has acquiesced in its continuance; and where time is of the essence, failure to perform by the fixed date makes the unperformed part voidable at the innocent party's option.[5] Terminating a part-built project is rarely clean: the power of attorney must be ended under the 2012 Act procedure, buyers' rights dealt with and the value of work done agreed. A termination notice sent without that groundwork often turns a delay claim into a much larger dispute.

Section 36 and the arbitration clause: which route applies
Section 36 of the 2010 Act creates a statutory dispute route that every developer landowner dispute Bangladesh advisers assess must be measured against. If, at any stage of a project, a dispute arises between a buyer, developer or landowner about the offences in sections 21 to 25 and 27 to 30, or about breach of any provision of their agreement, the parties must first try to settle it themselves.[1]
If that fails because of one party's non-cooperation, the other may give notice of its intention to go to an arbitral tribunal under the Arbitration Act 2001, and the recipient must jointly constitute the tribunal within 30 days. The resulting award binds the parties and anyone claiming through them, and the section states that no objection may be raised against it in any court. If the tribunal is not constituted, either party may sue in the appropriate court.[1]
How the High Court Division has read section 36
The case law is not fully settled, and the outcome of a developer landowner dispute Bangladesh judges hear under section 36 often depends on how the dispute is framed and what the contract says.
- A failed joint tribunal leads to court, not a second arbitration: in Shara Khan v Dr Mandy Karim, a flat purchase dispute, the High Court Division held that if the parties fail to constitute a joint tribunal under section 36, the remedy is a case in the appropriate court under section 36(5), and set aside an appointment of arbitrators made on an application under section 36 read with section 12 of the Arbitration Act.[9]
- The District Judge must appoint, not delay: in Md Nur-un Nabi v Karamat Ali Chowdhury (10 March 2025), concerning a Chattogram project where the landowner alleged that the construction period had expired with less than a third of the building complete, the court held that once 30 days pass after a notice nominating an arbitrator, the District Judge must appoint the defaulting side's arbitrator himself rather than ask the parties for names.[10]
- Follow the clause's first step: in Ariful Islam v Nagar Homes Ltd (1 July 2025), where the developer alleged that the landowners had not delivered vacant possession of a RAJUK-approved site, the agreement required an attempt to appoint a mutually agreed sole arbitrator. Because the developer had not taken that step, its application for court appointment under section 12 was premature and was dismissed; the court said section 36(1) reinforced the contractual sequence.[11]
- Disputes outside the listed offences can use the contract clause: in Majeda Begum v Zipsam Developers Ltd (3 May 2026), the developer alleged that the landowners had dispossessed it from an almost complete building after it had sold flats, and claimed about Tk 7.07 crore. The court held that this dispute was not covered by the offences in sections 21 to 25 and 27 to 30, so the developer could rely on the agreement's arbitration clause under section 12 of the Arbitration Act, and upheld the District Judge's appointment of arbitrators for landowners who had not responded.[8]
The practical lesson is to follow both tracks in sequence: attempt settlement in writing, serve a notice that satisfies both section 36 and the contract clause, and, if the other side does not join in appointing the tribunal within 30 days, choose the forum on advice that reflects how the dispute is characterised.
Drafting the clause
One-line clauses, or a sole arbitrator "to be mutually agreed" with no fallback, both create delay. A workable clause fixes the seat, the number of arbitrators, the appointment mechanism and timetable, and whether the parties want institutional rules. Our guide to arbitration clause drafting in Bangladesh sets out model wording. It is also worth confirming that the entity signing the agreement is the same entity that will build and sell, because a party that did not sign the arbitration agreement may have no standing to invoke it.
After the award
Despite the language of section 36(4), parties continue to bring challenges under the Arbitration Act 2001, and the High Court Division has treated the 60-day period for applications to set aside an award as strict. Anyone dissatisfied with an award should act within that window; see our analysis of how to set aside an arbitral award in Bangladesh and of enforcing an arbitral award.
REHAB mediation and negotiated exits
The Real Estate and Housing Association of Bangladesh (REHAB) is the industry body for developers, and registration applications under the 2010 Act may include proof of membership of REHAB or the Land Developers Association.[1] REHAB has offered an out-of-court settlement option since 2004 through a mediation and customer service cell that developers, landowners and customers can use for a nominal fee, with the process coordinated by a former judge.[12] The association's president has described the process as forwarding the complaint to the other party for a response and then arranging one or more mediation meetings.[12]
REHAB mediation suits allocation, specification or modest delay claims against a member developer. It is not a substitute for arbitration or court where the developer is insolvent, the project has been abandoned or the landowner has re-entered the site. Record any settlement as a supplementary agreement amending the allocation schedule, completion dates and power of attorney, so it can be enforced if the relationship fails again.
Remedies for landowners and developers
The remedies available in a developer landowner dispute Bangladesh law recognises fall into civil, arbitral and criminal tracks. They are not mutually exclusive, but they have different deadlines and different leverage.
Specific performance
The Specific Relief Act 1877 allows the court, in its discretion, to order specific performance where money would not be adequate relief, and it presumes, until the contrary is proved, that breach of a contract to transfer immovable property cannot be adequately relieved by compensation.[3] That presumption helps a landowner seeking delivery and registration of identified flats, or a developer seeking execution of deeds for its share.
There are real limits. The Act bars specific performance of contracts so detailed or so dependent on personal qualifications that the court cannot enforce their material terms, and of contracts involving a continuous duty lasting more than three years from their date, both of which can be raised against an order to build.[3] Section 21A bars specific performance of a contract for sale of immovable property unless it is in writing and registered and the balance of the consideration is deposited in court on filing.[3] Limitation is tight: a suit for specific performance must be brought within one year of the date fixed for performance or, if none, from when the plaintiff has notice of refusal.[4]
Rescission and cancellation
A party interested in a written contract may sue to have it rescinded where it is voidable or terminable by that party, and a plaintiff seeking specific performance may ask in the alternative for rescission and cancellation.[3] Where a registered power of attorney, a sale deed executed under it or a revocation deed is void or voidable against the plaintiff, a suit for cancellation under section 39 of the Specific Relief Act is the usual route, and the court sends its decree to the registry to be noted against the instrument.[3] Our guide to the deed cancellation suit in Bangladesh covers limitation, court fees and evidence in detail.
Compensation
Under the Contract Act 1872, the party who suffers from a breach can recover compensation for loss that naturally arose from it or that the parties knew was likely, and where the contract names a sum payable on breach, the court awards reasonable compensation not exceeding that sum.[5] Most joint venture agreements specify monthly rent for the landowner's flats during any delay. That clause is valuable, but it is assessed as reasonable compensation rather than paid automatically, and landowners should keep evidence of the rent they are actually losing.
Injunctions and possession
Temporary injunctions stop a developer selling the landowner's allocation, prevent a landowner obstructing the site or preserve the status quo pending arbitration. The tests and procedure are set out in our guide to obtaining a temporary injunction in Bangladesh. Where one side has been physically dispossessed, see our analysis of recovery of possession.
Criminal complaints under the 2010 Act
Offences under the 2010 Act are compoundable, bailable and non-cognizable, so the police cannot investigate them without a magistrate's order and the aggrieved party ordinarily files a complaint before a magistrate.[1] They are tried by a first-class or metropolitan magistrate under the summary procedure in Chapter XXII of the Code of Criminal Procedure, and the magistrate may impose any penalty the Act permits.[1] Where a fine is recovered from a convicted developer, the court may order up to 50 per cent of it to be paid to the aggrieved landowner or buyer.[1] If the developer is a company, the owner, director or officer with whose knowledge and participation the offence was committed is personally liable.[1]
Complainants also sometimes add allegations of criminal breach of trust or cheating under the Penal Code 1860. Used properly, a criminal complaint creates genuine leverage. Used as a substitute for a civil claim, it invites an application to quash the proceedings as a civil dispute dressed up as a crime, and it can harden positions. Because the 2010 Act offences are compoundable, they also lend themselves to settlement. Our guide to filing a criminal case explains the complaint procedure.
| Remedy | Legal basis | Who uses it | Key condition | Practical point |
|---|---|---|---|---|
| Negotiation then arbitration | 2010 Act, s 36; Arbitration Act 2001 | Landowner, developer, buyer | Joint tribunal within 30 days of notice | Follow any contractual first step |
| Specific performance | Specific Relief Act 1877, ss 12, 21, 21A | Either side | One-year limitation; registration rules | Strong for transfer of flats, weaker for building works |
| Rescission or cancellation | Specific Relief Act 1877, ss 35, 39 | Usually the landowner | Contract voidable or instrument void | Deal with buyers and the power of attorney |
| Compensation | Contract Act 1872, ss 73, 74 | Either side | Proof of loss; reasonable sum | Delay rent clauses are not automatic |
| Terminating the power | Power of Attorney Act 2012, ss 4, 13 | Landowner or developer | 30 days' registered notice | Power suspended while dispute runs |
| Criminal complaint | 2010 Act, ss 27 to 30, 32, 33 | Landowner, developer, buyer | Complaint to a magistrate | Compoundable; up to 50% of fine to victim |
Step-by-step: handling a developer landowner dispute Bangladesh projects face
For landowner and developer alike, the order of steps matters more than speed.
Collect the documents
Gather the joint venture agreement, registered power of attorney, approved plan, allocation papers, sales records and all correspondence.
Map the breach
Identify which obligations were missed, by whom and when, and whether the facts also fit an offence under sections 21 to 30 of the 2010 Act.
Check the clocks
Diarise the one-year specific performance period, the 30-day notice windows and any contractual notice or cure periods.
Secure the site and title
Consider an injunction or status quo order to stop sales of disputed flats, re-entry or further construction.
Attempt settlement in writing
Make a documented settlement proposal, using REHAB mediation where the developer is a member, to satisfy section 36(1).
Serve the arbitration notice
Serve a notice that meets both section 36 and the contract clause, nominating an arbitrator or proposing a sole arbitrator.
Choose the forum
If no tribunal is formed within 30 days, apply for appointment or sue, depending on how the dispute is characterised.
Use criminal leverage carefully
File a complaint before a magistrate only where an offence is genuinely made out, and keep the civil claim moving.
Throughout, mark settlement proposals without prejudice and never let talks run past the one-year limitation period or the 30-day statutory windows without protective steps.[2] [4]

Mistakes to avoid in the agreement and the dispute
Most of the expensive outcomes in a developer landowner dispute Bangladesh clients bring to us were preventable at signing or in the first weeks of the dispute.
- Signing without title diligence: developers who sign with one heir, or on land with an unresolved khatian or mutation problem, inherit the family's dispute. Check title and record before money moves; see our guide to the property registration process.
- No allocation schedule: a percentage without a floor-by-floor allocation is an invitation to litigate.
- Clock tied to an undefined event: "completion within 36 months of plan approval" needs a long-stop date in case approval never comes, and a definition of completion that includes utilities and the occupancy documents.
- Revoking the power of attorney overnight: revocation without 30 days' registered notice is ineffective under the 2012 Act procedure and exposes the landowner to prosecution.[1] [2]
- Skipping the clause's first step: courts have dismissed premature applications where the contract's sole-arbitrator step was not attempted.[11]
- Ignoring the 60-day challenge window: a party unhappy with an award that waits to see how enforcement goes will usually find the challenge time-barred.
For a sector view of construction risk and project documentation, our real estate and construction law guide complements this analysis, and our breach of contract guide explains damages principles in more depth.
What to watch in 2026 and beyond
Three developments will shape developer landowner dispute Bangladesh practice over the next year. First, the revised Detailed Area Plan and the building rules that accompany it will continue to prompt renegotiation of ratios for projects not yet approved, and agreements signed now should address changes in permitted floor area expressly.[13] [14] Second, the Commercial Courts Act 2026 may draw joint venture and construction disputes into specialised courts with pre-suit mediation and shorter appeal timelines once the courts and rules are fully in place.[6] Third, the High Court Division's recent section 36 judgments show a court willing to keep developer–landowner disputes in arbitration where the contract supports it, while insisting that the contractual sequence is followed.[8] [11]
When a project stalls, the first decisions carry the most weight: which notice to serve, which forum to choose and what the realistic settlement looks like. TRW's real estate disputes practice acts for landowners and developers in negotiation, REHAB mediation, arbitration and litigation. Contact TRW to discuss your matter.
Frequently asked questions
Is a written agreement between a landowner and a developer mandatory in Bangladesh?
Yes. Section 10 of the Real Estate Development and Management Act 2010 requires a written bilateral joint venture agreement stating the developer's share, the power of attorney to be granted and the start and completion dates of the work.[1]
Can a landowner cancel the power of attorney given to a developer?
Only through the statutory procedure. An irrevocable development power under the Power of Attorney Act 2012 can be terminated on 30 days' notice by registered post, copied to the sub-registry, if its purpose is frustrated or a party suffers loss; the power is then suspended until the dispute is resolved.[2]
Is revoking a developer's power of attorney a criminal offence?
Revoking a registered power of attorney given under a development agreement without at least 30 days' prior notice is an offence under section 29 of the 2010 Act, punishable by up to two years' imprisonment, a fine of up to Tk 10 lakh, or both.[1]
What can a landowner do if the developer does not hand over the flats on time?
Must landowner–developer disputes go to arbitration?
What if the landowner refuses to sign deeds for the developer's buyers?
Where the power of attorney does not already authorise the developer, the landowner must execute the deed within 15 days of the developer's written request; if not, the developer may execute the deed for its share itself under section 9 of the 2010 Act.[1]
How long do I have to sue for specific performance?
One year from the date fixed for performance or, if no date was fixed, from when the plaintiff has notice that performance is refused.[4]
Can the police register a case against a developer under the 2010 Act?
Offences under the Act are non-cognizable, bailable and compoundable, so the aggrieved party files a complaint before a first-class or metropolitan magistrate, who tries it summarily.[1]
Does REHAB resolve disputes between landowners and developers?
REHAB runs a mediation and customer service cell, available since 2004, which developers, landowners and customers can use for a nominal fee. It is voluntary mediation, so any settlement should be recorded in a binding supplementary agreement.[12]
Source register
Primary legal and regulatory sources
Materials checked on 20 October 2026. Confirm the current official text before relying on any provision.
- Real Estate Development and Management Act 2010 (Act No. 48 of 2010) — Laws of Bangladesh
- Power of Attorney Act 2012 (Act No. 35 of 2012) — Laws of Bangladesh
- Specific Relief Act 1877 (sections 12, 21, 21A, 35, 37 and 39) — Laws of Bangladesh
- Limitation Act 1908, First Schedule (Article 113) — Laws of Bangladesh
- Contract Act 1872 (sections 39, 55, 73, 74 and 202) — Laws of Bangladesh
- Commercial Courts Act 2026 (Act No. 23 of 2026) — Laws of Bangladesh
- Rajdhani Unnayan Kartripakkha Act 2026 (Act No. 67 of 2026) — Laws of Bangladesh
- High Court Division, Majeda Begum v Zipsam Developers Ltd, Civil Revision No 2444 of 2024 (3 May 2026)
- High Court Division, Shara Khan v Dr Mandy Karim, Civil Revision No 2153 of 2022
- High Court Division, Md Nur-un Nabi v Karamat Ali Chowdhury, Civil Revision No 263 of 2024 (10 March 2025)
- High Court Division, Ariful Islam v Nagar Homes Ltd, Civil Revision No 5705 of 2024 (1 July 2025)
- The Daily Star, 24 December 2024 — Handover troubles? Act wisely (REHAB mediation cell)
- The Business Standard, 21 October 2025 — How much taller will Dhaka's buildings get under revised DAP?
- The Business Standard, 22 December 2025 — Dhaka's skyline transforms as flat owners reach 3.5 lakh (DAP gazetted 14 December 2025)
Related TRW assistance
Move from information to a defined next step
TRW acts for landowners and developers on joint venture agreements, powers of attorney, REHAB mediation, section 36 arbitration and property litigation. Explore our real estate disputes practice and construction claims practice, or contact TRW to discuss your matter.