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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh

Issue No: 132
August 22, 2009

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Law letter

Dreams of a flat and the reality

It's quite natural that people can have a sweet dream to be the owner of a beautiful flat for better living. To fulfill the dream people don't hesitate to collect money by any means e.g. selling valuable properties, availing bank loans etc. But many flat purchasers fell into great problem in respect of land and size of the flat as per specification and sometimes not get handed over the flat at the stipulated time by the developers. Therefore people suffer a lot and gather a bitter experience in this regard. Even sometimes legal complexities regarding land and ownership are found after long period. In many cases the title of land of the flat concerned are not good enough. But how can the miseries of the flat purchaser be terminated? It may furnish in two ways viz.,

1. By proper searching and identification of land as well as flat specification
2. Effective rules for protecting flat purchasers' rights as well as developers' responsibilities

Every body should remember the well said proverb, "Buyer be aware". Because after selling of a property the liability lies to the buyer in case of any previous defect. Therefore, it is the first and foremost duty of a flat purchaser to verify the land along with all required documents. Following vital measures to be taken for an immualte land identification:
1. Collection of a set of all required documents of the land and flat
2. Approaching to a good civil lawyer to check the genuinity of the documents as well as vetting there of
3. Ensuring proper approval from the concerned authorities.
4. Physical verification of the land from the concern land office in respect of name and title of the existing owner up to date payment of rent.
5. Proper checking from the concern registration office in respect of any type of encumbrance on the land

At least one can verify the Mutation Certificate of the last owner from the land office concern along with DCR and rent receipt of current year to minimize the risk.

If we give a little bit effort to verify the title and ownership of the land and we can get rid of the miseries of legally defective flats. One can go to a good civil lawyer from the very beginning of purchasing any flat along with all relevant land documents.

There are also some measures has already been taken by the Government to minimize the hassle of the flat purchasers by enacting appropriate laws regarding the protection of flat purchasers rights e.g. the Govt. has already taken some initiatives to enact laws concerning this issue which has already been protested by the REHAB. But it should not be, cause there is not any strong law concerning these issues.

Although, some laws were enacted for land improvement viz., The Building Construction Act, 1952, Town Improvement Act, 1953 etc.,but there was no specific provisions in this regard.

After a long period, a significant attempt was made in 2008 through Dhaka Metropolitan Building (Construction, Development, Protection and Removal) regulation, 2008, published in Bangladesh Gazette on may 29 of 2008 which is an attempt to eradicate the irregularities of this sector.

Thereafter The Real Estate Development and Management Ordinance 2008 which is a dynamic step towards protection of land/apartment purchasers rights. As per clause 6 sub clause 4 of the aforesaid Act enumerates that, each developer will provide all the documents relating to the approval of the authorities as well as the ownership of the land to the purchaser. Land/Apartment purchasers also need to observe the corroboration of two vital clauses i.e. clause 9, 10 and 11 of the aforesaid ordinance for ensuring the ownership as well as other facilities.

In fine we can consider the aforementioned vital matters must be considered before purchasing a land/ flat rather than being emotional which may help us to put on smile forever.


Md. Anwar Hussain
LL.B. (Hons.) LL.M. (C.U.)


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