Purchasing an apartment in Dhaka is often one of the largest financial commitments a buyer or Non-Resident Bangladeshi (NRB) will ever make. However, the complex nature of land documentation, developer agreements, and urban regulatory approvals means that legal oversight is crucial.

Before booking an apartment or signing a sales contract, every buyer should go through this legal due diligence checklist to ensure clear land ownership, structural compliance, and peace of mind.

1. Trace the Title Deed & Chain of Ownership

A clear title is the absolute foundation of safe real estate acquisition. You must verify that the land on which the building stands belongs legally to the developer or the original landowner.

• The Mother Deed (Original Deed): Review the foundational property transfer records to verify how the current owner acquired the land (through purchase, inheritance, or partition).
• Chain of Title: Trace past transactions over several decades using historical land records (CS, SA, RS, and City Survey Khatians). A gap in the record line can signal an unresolved ownership dispute.
• Joint Venture (JV) Agreement: If buying from a developer built on third-party land, inspect the Registered Power of Attorney (POA). Ensure the developer has explicit, legally binding permission from the landowner to construct, market, and register units.

                     [ ORIGINAL LANDOWNER ]
                               │
               (Registered Power of Attorney / POA)
                               ▼
                        [ DEVELOPER ]
                               │
                     (Registered Sale Deed)
                               ▼
                         [ BUYER ]

2. RAJUK Plan & Regulatory Approvals

In Greater Dhaka, all residential building projects must be sanctioned by the Rajdhani Unnayan Kartripakkha (RAJUK). Unapproved or over-built structures risk demolition, fines, or denial of utility lines.

• Land Use / Planning Permit: Verify that the land is zoned specifically for residential use under the Detailed Area Plan (DAP).
• Approved Building Layout: Examine the official RAJUK-sanctioned architectural layout. Cross-check the floor count, setback distances, and basement parking plans against the actual site layout.
• High-Rise Clearances: For buildings exceeding 10 stories (or 33 meters in height), confirm that the developer has obtained mandatory clearance certificates from the Fire Service, Civil Aviation, DPDC, WASA, and Environmental Department.

3. Land Mutation & Tax Receipts

A property deed alone is incomplete without proper government registration records reflecting current ownership.

Document	Purpose	What to Look For
Mutation Khatian (Namjari)	Updates state land records to reflect current ownership.	Ensure the seller’s or developer’s name is recorded at the local Assistant Commissioner (Land) office.
Land Development Tax (Khajna)	Proof of updated land tax payments to the government.	Review the latest payment receipt to verify there are no outstanding tax arrears.
Holding Tax Receipt	City Corporation tax clearance (DNCC / DSCC).	Check that holding taxes are fully settled up to the current fiscal period.

4. Encumbrance & Lien Checks

Ensure the apartment or underlying land isn’t secretly tied up as collateral for an unpaid bank loan.

• Non-Encumbrance Certificate (NEC): Request an NEC from the local Sub-Registry Office. This document proves the plot is free from mortgages, legal liens, or attachment orders by courts.
• Bank NOC: If the developer took a project loan mortgaging the land, demand a formal No Objection Certificate (NOC) from the lending financial institution releasing the specific apartment unit from the mortgage before payment.

5. Reviewing the Deed of Agreement (Bikroy Chuktipatra)

The agreement for sale defines your rights as a buyer. Do not rely on verbal promises; ensure the following points are explicitly documented:

1. Undivided Land Share: The contract must state your exact percentage of undivided and undemarcated land ownership tied to the unit.
2. Detailed Property Schedule: Specific floor level, flat identifier, exact square footage (distinguishing net usable area from common space allocation), and assigned car parking spot.
3. Handover & Penalty Clauses: A firm handover date accompanied by compensation terms payable to the buyer in the event of project delays.
4. Specification List: Written commitments detailing building fixtures, lift specifications, generator capacity, and structural finish standards.

Navigating real estate contracts and land administration in Bangladesh requires meticulous attention. Always consult an independent legal expert to cross-verify original documents at the land office before signing agreements or executing financial transfers. Protecting your title upfront ensures your property remains a safe asset for generations.