Can the developer's bank or creditors take the land my off-plan apartment is built on?

Key facts#

Before you register

You hold only a personal right; the land stays in the seller's name^[1]

Where charges show

The Land Registry extract: mortgages, seizures and pending court actions^[5,6]

Charges already on the folio

Pass to the buyer unless cleared before the purchase^[1]

Who ranks first

Date of entry in the registry's daily journal, not the date of signing^[3]

Protecting your rank

Provisional inscription of the promise of sale, according to Kallas Law Firm^[1,2]; it lapses after one month, six months, two months or up to one year^[3], and how it works for off-plan units is unconfirmed

Releasing a mortgage

For an interest-bearing debt, prior approval of the tax departments^[7,8]; a Land Registry fee of 1% of the debt released^[8], according to Kallas Law Firm

Unpaid building-violation sums

A privileged debt on the folio, with interest at 12% a year^[9]

How to check the plot and protect your rank#

1. 1
   Get the plot's identifiers from the developer. A registry request needs the governorate, district, real estate zone, property number, section and block^[5,19], the last two where they apply. For an off-plan flat this is the plot's number, because the flat has no folio yet.
2. 2
   Get an official extract (ifadeh aqariyeh). It is issued at the land registry office for the property's area^[5,20]. According to Legalmondo, a law firm (June 2025), it is requested in person and costs USD 5^[5]. The same firm says anyone may request one, so a lawyer or someone you trust in Lebanon can collect it. Online and OMT copies are unofficial and for reference only^[5,6,19,21].
3. 3
   Read every charge on it. Look for mortgages, pledges, seizures and pending court actions^[5,6]. Legalmondo says no certificate is issued while a lien or registration on the plot is still in process^[5]. If the office refuses one, ask why before you pay. If the owner is a company, an individual company certificate shows who manages it; Kallas puts it at 2 business days but names neither the office nor the fee^[6]. A lawyer can request it for you.
4. 4
   Match the paper to the ground. Check that the plot number is the land you visited. Where the cadastral plan and the ground differ, the plan prevails^[3,22]. Our sources give no procedure or fee for getting the plan, so ask the land registry office for the property's area^[5,20] or a lawyer how to obtain it. See how to get a cadastral map or survey.
5. 5
   Deal with any mortgage in writing before paying. Release of a mortgage securing an interest-bearing debt needs prior approval of the tax departments^[7,8]. Have a lawyer write into the contract who obtains the release, when, and what happens to your money if it does not come.
6. 6
   Ask for a provisional inscription of your promise of sale. It is made on the plot's folio, and Kallas Law Firm says it keeps your rank against later mortgages^[1,2]. Our sources do not say who files it, which documents it needs or what it costs, so ask the lawyer or the notary (kateb adel) drafting the promise to handle it and confirm the cost. It lapses after one month, six months, two months or up to one year^[3], depending on how it was made, and how it works for an off-plan unit is unconfirmed. Ask for a new extract afterwards that shows your inscription.
7. 7
   Pull a fresh extract before each instalment. In a June 2026 police case in Halat, a buyer learned that a deed was forged only when he tried to register, after paying^[23]. A recent extract before each payment is your own check, independent of the developer or the agent.
8. 8
   Register the moment you can. Inscription should follow the deed without delay^[1]. See how to register your flat after completion.

It depends on#

• Whether a mortgage is already on the plot. If it is, it ranks ahead of anything entered after it^[3]. Ask a lawyer to negotiate its release before you pay.
• Whether your promise of sale is provisionally inscribed. Kallas Law Firm says that without it, a later mortgage or a buyer acting in good faith can take priority^[1,2]. Ask your lawyer to confirm the inscription and when it lapses.
• The developer's finances. No source we found explains what happens to promised units if the developer becomes insolvent. A lawyer can check court actions noted on the folio^[5,6].
• Building violations. Unpaid violation sums sit on the folio as a privileged debt^[9]. Ask the municipality whether the project has open violations.
• Who acts for you from abroad. Forged powers of attorney have been used to mortgage property^[16,17,18]. Keep a record of every POA you sign.

Common questions#