Legal Checklist for Buying an Apartment

Buying an apartment is a significant investment, and while the excitement of owning a new home is unparalleled, it’s equally important to ensure the purchase is legally secure. Many buyers overlook legal formalities, which can lead to disputes, financial losses, or delayed possession. To help you make a safe and informed purchase, here’s a comprehensive legal checklist for buying an apartment in Bangladesh.

1. Verify the Developer’s Credibility

Before finalizing any deal, ensure the real estate developer is legitimate and trustworthy. Check for:

• Registration with the RAJUK (for Dhaka) or the relevant city development authority.
• Approval for the project, including land use certificates and building permits.
• Past projects and customer reviews to assess reliability.

2. Check Apartment Title and Ownership

It’s crucial to confirm that the property’s ownership is clear and undisputed:

• Request a copy of the land deed or sale deed.
• Verify the NOC (No Objection Certificate) for construction and possession.
• Ensure there are no mortgages, liens, or legal disputes on the property.

3. Review the Sale Agreement

The sale agreement is a legally binding document. Carefully review it to ensure it contains:

• Total cost and payment schedule.
• Details of the apartment, including size, floor, and amenities.
• Possession timeline and penalties for delays.
• Clauses on maintenance charges, parking rights, and ownership transfer.

4. Verify Approvals and Licenses

All necessary approvals and licenses should be in place:

• Land use approval from RAJUK or relevant authorities.
• Environmental clearance if applicable.
• Fire safety and building compliance certificates.
• Confirm that the apartment is ready for legal transfer.

5. Check Utility Connections and Taxes

Ensure there are no pending legal obligations:

• Verify electricity, water, and gas connections are legal and functional.
• Confirm property tax clearance and utility bill payments.
• Check if the property is free from unpaid service charges or government dues.

6. Seek Legal Advice

Even if everything seems in order, it’s wise to consult a real estate lawyer before signing any documents. A professional can:

• Review the sale deed and agreements.
• Ensure all legal compliances are met.
• Advise on risk mitigation and dispute resolution.

7. Registration and Handover

Finally, complete the registration process legally:

• Register the apartment with the sub-registrar office to obtain a formal ownership certificate.
• Ensure the possession handover includes all keys, documents, and amenities.
• Keep copies of all documents safely for future reference.