Residential Property and Apartment Purchase in Bangladesh

by Barrister Tahmidur Rahman | Oct 21, 2026

Projects & Real EstateBuy your home with confidence8 min read

Residential Property and Apartment Purchase in Bangladesh

Legal support for buying residential property in Bangladesh, from apartments in Dhaka and Chattogram to houses and plots, covering title verification, developer and RAJUK checks, sale agreements, payments, registration, mutation, home loans, buyers living abroad and disputes with developers or sellers.

Overview

Buying residential property in Bangladesh safely

Buying residential property is often the largest financial decision a family makes, and in Bangladesh the legal risks are real. Title may be split between heirs, records may not match possession, a plot may be under acquisition or litigation, and an apartment project may lack approvals or be built beyond its permit. Our real estate lawyers in Bangladesh act for buyers of apartments, houses and residential plots, checking what is being bought, negotiating the documents and seeing the transaction through to registration and mutation, so that the buyer ends up with clean, registered and recorded ownership.

Apartment purchases from developers are governed by the Real Estate Development and Management Act 2010 and its 2011 rules, which require developers to register, prohibit selling before project approval, require payments through the banking system, and set out obligations on handover, registration, delay compensation and cancellation. In Dhaka, RAJUK's land use clearance, design approval, construction permit and occupancy certificate are central to checking a project. The framework around RAJUK and building regulation was revised by new legislation in 2026, and the Detailed Area Plan for Dhaka was revised and gazetted in December 2025. We check each project against current requirements.

For resale apartments, houses and plots, the focus shifts to the seller's title. We trace the chain of deeds, compare the record of rights and mutation khatian with the deeds, check land development tax payments, search for mortgages, acquisition notices and pending suits, and confirm that every person with an interest is joining the sale. Inherited residential property needs particular care, because all heirs must usually consent and sign. On leasehold plots and flats in government housing schemes, transfer conditions apply, although a November 2025 notification removed the need for prior lessor approval for many listed residential transfers.

Registration is where ownership passes, and costs are significant. The buyer generally pays stamp duty, registration fee, local government tax and source tax, and VAT may apply on new apartments bought from developers. Rates and valuation rules change through Finance Acts and government orders, so we confirm the current figures before the deed is executed. After registration, the buyer should apply for mutation so that land records reflect the new owner, and keep paying land development tax. Many disputes arise because buyers stopped at the sale agreement or never completed mutation, leaving the residential property exposed to competing claims.

We act for resident buyers, non-resident Bangladeshis buying from abroad, foreign nationals where purchase is permitted, and families arranging gifts or transfers within the family. Barrister Tahmidur Rahman advises on finance and larger transactions, and Adv Syed Wahid leads property litigation, including claims against developers and challenges to fraudulent deeds. Where buyers live overseas, we work through properly executed powers of attorney and coordinate with counsel abroad.

Our dispute resolution team handles contested matters. To discuss a residential property purchase, please contact our Dhaka office before you pay any booking money. Early advice costs far less than a later dispute.

01 · What we handle

Core workstreams

  • Title and record verification
  • Developer and project checks
  • Sale and allotment agreements
  • Registration and mutation
02 · How it runs

Four clear stages

  1. 01Pre-purchase review
  2. 02Negotiate the agreement
  3. 03Registration day
  4. 04Mutation and aftercare
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

How we help residential property buyers

Workstream 01Projects & Real Estate

Title and record verification

  • Pre-purchase review
  • Negotiate the agreement
  • Registration day
  • Mutation and aftercare
Workstream 02Projects & Real Estate

Developer and project checks

  • Pre-purchase review
  • Negotiate the agreement
  • Registration day
  • Mutation and aftercare
Workstream 03Projects & Real Estate

Sale and allotment agreements

  • Pre-purchase review
  • Negotiate the agreement
  • Registration day
  • Mutation and aftercare
Workstream 04Projects & Real Estate

Registration and mutation

  • Pre-purchase review
  • Negotiate the agreement
  • Registration day
  • Mutation and aftercare
Workstream 05Projects & Real Estate

Home loans and NRB purchases

  • Pre-purchase review
  • Negotiate the agreement
  • Registration day
  • Mutation and aftercare
Workstream 06Projects & Real Estate

Developer and title disputes

  • Pre-purchase review
  • Negotiate the agreement
  • Registration day
  • Mutation and aftercare
01

Title and record verification

We search the sub-registry and land records, trace title through the chain of deeds, compare record of rights, mutation khatian and survey maps, confirm land development tax payments and check for mortgages, attachments, acquisition, khas or vested property issues and pending litigation. Our written report explains each risk in plain language and states clearly whether the residential property can be bought safely and on what conditions.

02

Developer and project checks

For apartments, we check the developer's registration, the joint venture agreement and registered power of attorney from the landowner, RAJUK land use clearance, design approval and construction permit, any occupancy certificate, conformity with the approved design, and whether the project or the land is mortgaged. We also review the developer's track record in public records, litigation and REHAB complaints where available to us. Gaps are flagged before any payment.

03

Sale and allotment agreements

Developer allotment letters and agreements are usually drafted in the developer's favour. We negotiate payment schedules, specifications, completion dates, delay compensation, cancellation and refund terms, parking and common area rights, and handover and registration obligations, using the protections in the 2010 Act. For resales, we draft the bainanama or sale agreement with conditions protecting the buyer's advance payment. We also check common area rights.

04

Registration and mutation

We prepare the sale deed, calculate and arrange payment of stamp duty, registration fee, local government tax, source tax and any VAT, attend the sub-registry for execution and registration, and obtain the registered deed. We then apply for mutation, follow it through to the new khatian and confirm the buyer's name appears correctly in the land records for the residential property. Original documents are returned safely.

05

Home loans and NRB purchases

We advise buyers using bank housing finance on loan and mortgage documents, including the 2026 Bangladesh Bank limits on single-borrower housing loans and the debt-equity ratio. For non-resident Bangladeshis, we advise on foreign exchange rules, funding from abroad, remittance-backed loans and powers of attorney for family members in Bangladesh to sign and register documents on the buyer's behalf. Bank requirements are checked early.

06

Developer and title disputes

When a developer delays handover, changes specifications, fails to register or sells the same unit twice, or when a seller's title is challenged after purchase, we advise on remedies. These include negotiated settlement, the dispute mechanism under the 2010 Act, mediation, civil suits for specific performance or declaration, criminal complaints for fraud and proceedings to protect possession of the residential property. We aim for practical outcomes.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

Partner-led, on every matter.

Projects & Real Estate matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

Meet the firm →
01

What checks should we carry out before paying booking money for an apartment in Dhaka?

Before any payment, confirm that the developer is registered, that the landowner has signed a registered joint venture agreement and power of attorney, that RAJUK has issued land use clearance, design approval and a construction permit for this building, and that the land is not mortgaged or in dispute. The 2010 Act prohibits developers from advertising, booking or selling before approval and transfer authority are in place. We review the documents, search the records and visit the sub-registry, and advise whether the project is safe before any residential property payment is made. Payments should only follow a clear report.

02

How do we verify title to a resale flat, house or residential plot?

We trace ownership through the registered deeds going back over a sufficient period, compare them with the record of rights from the relevant surveys and the current mutation khatian, and check land development tax receipts. We search for mortgages, court orders, acquisition notices and government claims, and confirm the seller's identity and authority to sell. Where ownership came by inheritance, every heir or a properly authorised representative must join. Our report identifies gaps and practical steps to cure them before the buyer commits to the residential property. Gaps are common in older family holdings and inherited land.

03

What costs does a buyer pay to register residential property in Bangladesh?

Registration costs usually include stamp duty, registration fee, local government tax and advance income tax at source, calculated on the deed value or the government's minimum valuation, whichever applies. New apartments bought from developers may also attract VAT. Rates differ by area and type of property and are changed through Finance Acts and government orders, so we confirm the current figures before execution. Our insight article on property registration fees gives worked examples. We give each client a written cost estimate so that funds are ready on the day of registration. Budget for these costs from the outset.

04

When should a new apartment be registered in the buyer's name by the developer?

Under the 2010 Act, the developer must hand over possession and execute and register the transfer deed within a set period after the buyer has paid the full price. In practice some buyers wait years because the developer delays, the building lacks an occupancy certificate or the landowner and developer disagree on allocation. Possession without a registered deed leaves the buyer exposed. We press developers to register on time, use the statutory and contractual remedies where they do not, and advise buyers not to hand over final payments without a clear registration timetable. Keep every payment receipt safely.

05

Can a non-resident Bangladeshi buy residential property from abroad?

Yes. Non-resident Bangladeshis can buy residential property in Bangladesh, funding the purchase through inward remittances or permitted housing finance. Because they are often not in the country, most use a power of attorney executed abroad before a Bangladesh mission or properly notarised and authenticated, then registered or endorsed in Bangladesh as required. Rules on power of attorney identification documents were relaxed in 2025 for certain expatriate transactions. We advise on the documents, review the attorney's authority and handle due diligence and registration directly, so the buyer is not dependent on informal arrangements with relatives or agents.

06

Can foreign nationals buy an apartment, house or other residential property in Bangladesh?

Foreign nationals face a more restrictive regime. Ownership of land by foreigners is generally limited, and purchases may need approvals, payment in foreign currency through banking channels and careful structuring. Some government agency projects are closed to foreign buyers. Foreigners married to Bangladeshi citizens, foreign investors buying for business purposes and those buying through a company each raise different questions. We advise on what is permitted for the particular buyer before any agreement is signed, and our insight article on foreign investment in Bangladesh real estate explains the main structures in more detail. Each structure has tax consequences too.

07

What can we do if the developer delays handover or changes the apartment?

The 2010 Act gives buyers meaningful remedies. If handover is delayed beyond the agreed date, the developer may have to refund amounts paid with contractual compensation, or a statutory amount where none is fixed. Building outside the approved design is an offence. The Act also provides for settlement and arbitration before court proceedings. We review the agreement and payments, write to the developer setting out the claim, use REHAB mediation where the developer is a member, and if needed bring arbitration, civil suits or complaints to RAJUK or the police to protect the buyer's investment.

08

Why does mutation matter after buying residential property, and how long does it take?

Registration transfers ownership, but the land records maintained by the land administration still show the previous owner until mutation, known as namjari, is completed. Without mutation, the buyer may struggle to pay land development tax in their own name, obtain utility connections, mortgage or sell the residential property, or defend it against competing claims. Mutation applications are now largely made online, but objections and record errors can cause delays. We apply for mutation promptly after registration, respond to hearings and objections, and correct the khatian where it contains errors. Delays usually reflect record errors or unresolved objections from others.

How a matter runs

From first call to resolution.

  1. 01

    Pre-purchase review

    Before any payment, we review the property documents, developer approvals and seller's title, carry out searches and give a written report on risks and conditions, so the buyer can decide whether and on what terms to proceed.

  2. 02

    Negotiate the agreement

    We negotiate and draft the allotment or sale agreement, protecting advance payments, setting clear completion and registration dates, specifications and remedies, and confirming that payments go through bank channels as the law requires. Every clause is explained to the buyer.

  3. 03

    Registration day

    We prepare the deed, confirm stamp duty, registration fee, taxes and any VAT, attend the sub-registry with the parties or their attorneys, and obtain the registered deed and receipts for the buyer's records. Nothing is left to chance.

  4. 04

    Mutation and aftercare

    We apply for mutation, follow it to completion, confirm the land development tax account is in the buyer's name, collect all original documents and remain available if any later claim or dispute arises. We remain on call for later questions.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

Do I really need a lawyer to buy residential property in Bangladesh?
It is not legally required, but it is strongly advisable. Title defects, unapproved projects, missing heirs and unregistered sales are common, and most problems are far easier to avoid than to fix after payment. A lawyer acting only for the buyer checks the documents independently, negotiates fair terms and handles registration and mutation, rather than relying on the developer's or seller's own representatives and advisers. Independent advice protects the buyer's residential property investment and family.
How long does a residential property purchase usually take in Bangladesh?
A straightforward resale with clean title can often be completed within a few weeks once due diligence is done and funds are ready. Apartment purchases from developers depend on construction progress and the developer's registration timetable. Title gaps, inheritance issues, bank finance and buyers living abroad can all add time. We give a realistic timetable after reviewing the documents and keep the buyer informed at every stage. Clear and complete documents keep residential property purchases on schedule.
What is a bainanama and is it enough to protect a residential property buyer?
A bainanama is an agreement for sale, setting out the price, payment terms and conditions before the final sale deed. Agreements for sale of immovable property must be registered to be enforceable in the usual way, and a bainanama does not itself transfer ownership. Buyers who stop at the agreement stage remain exposed. We draft the agreement carefully and then complete the registered sale deed and mutation. Registration and mutation are what make residential property ownership secure.
Should we buy an apartment that is still under construction?
Many buyers do, often at a lower price, but the risks of delay, specification changes and developer default are higher. Check approvals, the joint venture documents, the developer's financial position and the payment schedule carefully, and negotiate protections tied to construction milestones. We advise on whether the particular project is reasonable and on terms that reduce the risk to the buyer's money. Ask for evidence of every approval before paying any instalment to the developer.
Can we gift residential property to a family member instead of selling it?
Yes. Gifts between close family members can be made by registered deed, often at reduced registration cost, and Muslim law recognises the oral hiba subject to formalities, although registration is now expected. Gifts have tax and inheritance consequences, and a proposed new law on gifts with reserved use rights was under discussion in 2026. We advise on the right method for the family's circumstances. Each option affects how the residential property later passes to the family's heirs and successors.
What if the seller dies before the deed is registered?
The seller's heirs generally step into the seller's position, and the buyer may need their cooperation or a court order to complete the sale. A registered agreement for sale, clear payment records and prompt action make enforcement much easier. We review the documents, identify the heirs, negotiate with them where possible and, if necessary, bring a suit for specific performance to protect the buyer. Prompt legal advice protects the buyer's position and the residential property itself.
Can TRW act if we have already paid and something has gone wrong?
Yes. We regularly advise buyers after problems arise, such as a developer who will not register, a double sale, a forged deed or an encroachment. We review the documents and payments, advise on the strongest remedies and act quickly to protect the position, including by registering caveats, issuing notices, seeking injunctions and bringing claims. Early action often makes the difference in residential property disputes. Delay usually makes recovery harder, slower and considerably more expensive.
How are your fees for residential property work charged?
For defined work, such as due diligence on a single apartment or a full purchase through registration and mutation, we usually offer a fixed fee agreed in advance. Disputes and complex transactions are generally charged by time or by stage. Government fees, stamp duty and taxes are separate and paid at actual cost. We confirm the arrangement in writing after reviewing the documents for the property. There are no hidden professional charges, and estimates are given upfront.

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