Can a developer legally sell me an apartment in a building with no occupancy permit?
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Short answer
Not as a final, registered sale of the flat. Decree 15874/2005 bans selling or transferring parts of a building without a final occupancy permit[1]. The Land Registry normally cannot split a building into separate flats without an occupancy permit plus electricity and water connection certificates[2]. Nobody has confirmed whether the ban also covers a promise of sale signed before completion, so ask a Lebanese lawyer.
Also asked as: “Can a developer legally sell apartments in a building with no occupancy permit in Lebanon?” · “Buying a flat before the occupancy permit” · “Is it legal to sell off-plan apartments in Lebanon?” · “Can I register an apartment without an occupancy permit?”
No source we found says whether the Decree 15874 ban reaches promises of sale or sales of shares in the plot, or what sanction a developer faces for breaking it[1]. This page covers what was published up to 17 October 2026.
Key facts
- The ban
- Decree 15874/2005 Art. 5, as amended by Decree 617/2007[1]
- Exception
- Units under Law 539/1996[1]
- To split a building into separate flats
- an occupancy permit plus electricity and water connection certificates[2]
- Provisional occupancy permit
- Allows utilities and living in the unit, not sale or final registration[1]
- Occupancy permit decision
- Due within one month[2] of the application
- Building permit validity
- six years, renewable once for two years[2]
- One substitute for the permit
- An official statement that the building was completed before 13 September 1971[2]
What the law says
Decree 15874/2005 Art. 5 prohibits selling, transferring or disposing of parts of a building that has no final occupancy permit, except units under Law 539/1996[1]. The same article bars occupying a building more than 3 years after the permit period ends without a final permit. Once the permitted building is complete, external facades included, the owner applies to the competent technical administration for the occupancy permit (رخصة الإشغال)[2].
Law 646/2004 Art. 7 adds a rule for the registry itself. It bars the Land Registry and survey departments from finally subdividing a building into separate units unless the owner shows an occupancy permit plus electricity and water connection certificates[2]. Without that subdivision, a flat has no real folio (registry page) of its own. Kallas Law Firm adds that no real right can be registered on a defined part of a plot until that part gets its own folio. Before then, what can be registered is a number of shares in the whole plot[3].
Provisional and final permits
A provisional occupancy permit is renewed every year until the building permit expires. It lets the building get temporary water, electricity and phone connections and lets people live in the unit. It is not valid for final subdivision, sale or final registration[1]. When a developer says "we have the permit", they may mean the provisional one, so ask which. More in provisional versus final occupancy permits.
Flats over 300 m² have their own rule. The building can count as complete for a final permit without interior painting, joinery, sanitary and electrical fittings or kitchen units, as long as the sale contract says so[1]. See selling a shell apartment over 300 m².
Why flats are offered before completion, and what is not known
Developers and brokers do advertise flats in unfinished buildings. One OLX listing by Dyarcom Real Estate offers 150 m² flats under construction in Rabieh and says they come with a title deed[4]. A flat cannot be finally registered without an occupancy permit, so a deed at that stage could only show shares in the plot, not the flat itself[2].
Three things are not answered by any source we read. Does signing a promise of sale or selling plot shares before the final permit fall under the Decree 15874 ban? Is such a contract void? What penalty does the developer risk? A Lebanese property lawyer can answer, ideally with the contract in front of them. Ask them in writing: "Is this contract a sale of building parts under Decree 15874 Art. 5, and can I enforce it against the developer?"
What protects you before the permit exists
Until the sale is registered, you hold only a personal right against the seller, not ownership[5,6]. You can sue to force registration. Until that happens the property stays in the seller's name, and the seller can sell or mortgage it, or the seller's creditors can seize it[3,7]. Kallas Law Firm says a promise of sale can be provisionally inscribed on the property's folio, which keeps your rank against any later sale or mortgage[5,8].
That inscription has limits. According to Kallas, an annotation based on an ordinary sale contract or a power of attorney does not transfer ownership. Your right stays personal, with a ten-year limitation, until final registration[9]. Kallas does not write about off-plan units, so have a lawyer confirm how this works for a flat that has no folio yet. More in is a promise of sale enough for an unbuilt flat.
How to check before you pay a deposit
- Get the plot's identifiers from the developer. To request a property certificate you need the governorate, district, real estate zone, property number, section and block[10,11]. Here is how to check the seller owns the land and has a permit.
- Get an official Land Registry extract. Legalmondo (June 2025) says it is issued only in person at the competent land registry office and costs USD 5[11]. We could not read an official current fee, and it may be charged in LBP, so ask the land registry office (أمانة السجل العقاري) for the district before you go. Copies from online services or OMT are unofficial[10,11,12,13]. If you are abroad, ask a lawyer how they would get the official one for you.
- Ask for the building permit and its dates. The head of the municipality issues it, or the governor or caimacam outside municipal areas[2]. It is valid for six years, renewable once for two years. Ask the municipality to confirm the permit is real and current. See how to check a building permit.
- Ask which occupancy permit exists. Find out whether it is provisional or final, and which part of the building it covers. The owner applies for it at the competent technical administration, and a final permit can cover the whole works or only one building or block once its common parts are complete[2]. Ask the municipality or that administration to confirm what has been issued. A provisional permit does not allow final registration[1].
- Have a lawyer read the contract before you sign. Ask what you are buying (a promise, plot shares or the flat), whether the contract can be provisionally inscribed, and what happens if the permit never comes.
It depends on
- What the contract sells. A promise of sale, shares in the plot and a registered flat each give you different rights. A lawyer can tell you which one you hold.
- The building's age. Law 646/2004 accepts substitutes for the permit, such as an official statement from the municipality head, governor, caimacam or finance department that the building was completed before 13 September 1971[2]. Ask the notary which papers the registry will accept.
- Whether the building complies. Units can be registered separately only if the construction complies with the building laws[14]. An engineer can compare the building with the permit plans.
Common questions
Can I live in a flat that has only a provisional occupancy permit?
Yes. A provisional permit allows temporary water, electricity and phone connections and living in the unit, but it is not valid for sale or final registration[1].
Can I get my own title deed for the flat before the occupancy permit?
Normally no. The Land Registry cannot finally subdivide a building into separate units without an occupancy permit plus electricity and water connection certificates[2]. Law 646/2004 accepts a few substitutes, such as proof that the occupancy request was not decided in time plus an engineer's conformity certificate, and a lawyer can tell you whether any applies. Here is how registration works after completion.
Is a promise of sale for an unfinished apartment illegal?
That is not confirmed. Decree 15874/2005 bans selling building parts without a final occupancy permit, but no source says whether the ban covers a promise of sale[1]. Ask a Lebanese property lawyer before you sign.
Sources
Checked against these sources. The numbers in the text point here.
- 1.Decree 15874 of 5/12/2005 implementing the Building Law, as amended by Decree 617 of 8/8/2007
General Directorate of Urban Planning (DGU), Ministry of Public Works and Transport · 5 Dec 2005 · read 17 Oct 2026
- 2.Law 646 of 16/12/2004 (Building Law), amending Legislative Decree 148 of 16/09/1983
Lebanese Republic, Ministry of Public Works and Transport, Directorate General of Urban Planning (DGU) · 16 Dec 2004 · read 17 Oct 2026
- 3.The Land Registry in Lebanese Law — Part Six of the Practical Guide to the Code of Real Property
Kallas Law Firm · 25 May 2026 · read 16 Oct 2026
- 4.Rabieh under-construction project with instalment plan (DY2490)
OLX Lebanon (listing by Dyarcom Real Estate) · undated · read 17 Oct 2026
- 5.How to Buy Property in Lebanon: The Legal Steps from Verification to Inscription
Kallas Law Firm · 9 Jun 2026 · read 16 Oct 2026
- 6.Legislative and Administrative Land and Property Rights Framework. Lebanon
GLTN / UN-Habitat · May 2024 · read 16 Oct 2026
- 7.The Irrevocable Power of Attorney for the Sale of Property in Lebanon: Its Limits and Prescription
Kallas Law Firm · 9 Jun 2026 · read 17 Oct 2026
- 8.The Promise of Sale, the Right of Pre-emption, and Acquisitive Prescription in Lebanese Real-Property Law (Part Five of the Practical Guide to the Code of Real Property)
Kallas Law Firm · 25 May 2026 · read 17 Oct 2026
- 9.Real estate sale in Lebanon: ordinary sale contract, irrevocable power of attorney and registration in the land registry
Kallas Law Firm (klfi.net) · 12 Apr 2025 · read 17 Oct 2026
- 10.OMT: Viewing Title Registers (Land Registry service page)
OMT (Online Money Transfer S.A.L.) · undated · read 17 Oct 2026
- 11.How to Find Real Estate and Land Register Information in Lebanon
Legalmondo · 17 Jun 2025 · read 17 Oct 2026
- 12.Viewing Title Registers Electively Through OMT
OMT (Online Money Transfer S.A.L.) · 13 Oct 2020 · read 17 Oct 2026
- 13.Lebanon Asset Search: How to Find Real Estate and Company Ownership Records
Kallas Law Firm · 25 Oct 2025 · read 17 Oct 2026
- 14.Condominium Ownership of Built Immovables in Lebanese Law — Eighth and Final Part of the Practical Guide to the Lebanese Code of Real Property
Kallas Law Firm · 25 May 2026 · read 17 Oct 2026
- 15.Banque de l'Habitat - Purchase loan details
Banque de l'Habitat S.A.L. (BDH) · undated · read 17 Oct 2026
- 16.BDH USD Purchase Loan Key Fact Statement (BDH - CPU - KFS - Feb 26)
Banque de l'Habitat (BDH) · February 2026 · read 17 Oct 2026
Related questions
- What is the difference between a provisional and a final occupancy permit in Lebanon?A provisional permit lets you live in a flat but not divide, sell or register it; that needs a final permit. How to check before you pay.
- Is a promise of sale enough to protect me when I buy an apartment that is not built yet?Not on its own. A promise binds others only if inscribed at the Land Registry, and an unbuilt flat has no folio yet. Risks, limits and checks.
- How do I get my off-plan apartment registered in my name once the building is finished?The building's owner gets a final occupancy permit, divides the building into units at the Land Registry, then your sale is registered. Steps, fees, checks.
- How do I check that a building has a valid building permit and occupancy permit before I buy or rent?Get copies from the seller, then check them at the municipality, on the Land Registry extract and with an engineer. What each permit proves.
- How do I check that an off-plan seller owns the land and has a building permit?Have someone you trust pull the official Land Registry certificate, then confirm the permit with the municipality. Steps, costs, POA risks and gaps.
- Can an apartment over 300 m² be sold unfinished and still get an occupancy permit?Yes, if the sale contract lists the exempt works: flats over 300 m² can get a final occupancy permit unfinished inside. What is exempt and what is not.
- How do I get my own title deed for an apartment in a new building in Lebanon?Only once the building's owner divides it into units at the Land Registry. What must happen first, what your deed shows, fees and how to protect yourself.


