Can an apartment over 300 m² be sold unfinished and still get an occupancy permit?

Also asked as: “Can a 300 m2+ apartment be sold as a bare shell and still get an occupancy permit in Lebanon?” · “Shell and core apartment occupancy permit Lebanon” · “Decree 15874 large apartment exemption” · “Can I buy a big flat without finishes in Lebanon?”

What the exemption allows#

Normally a building counts as complete for a final occupancy permit only when the facades and the interior works are done^[1]. Article 5 of Decree 15874/2005 makes an exception for flats over 300 m²: they may be handed over without interior painting, joinery, sanitary and electrical fittings and kitchen units, if the sale contracts say so. If the contract has no such clause, the exemption does not apply.

The decree measures the 300 m² including areas that do not count toward the plot's surface and general exploitation factors^[1]. We found no source that lists exactly which areas that brings in. Ask the engineer who checks the plans to confirm in writing that the flat is above the threshold on the decree's measure.

The exemption covers the inside only. Once the permitted building is complete, external facades included, the owner applies to the competent technical administration for the occupancy permit^[2]. Our sources do not say which office that is for a given building, so ask the municipality where the building stands.

Why the final permit matters to you#

Decree 15874/2005 bars selling or transferring parts of a building without a final occupancy permit, except units under Law 539/1996^[1]. The Land Registry cannot divide a building into separate units unless the owner shows a duly issued occupancy permit and certificates that the building is connected to electricity and water^[2]. Without that division, your flat cannot get its own folio and title deed. Here is how an apartment in a new building gets its own deed.

A provisional permit does not replace the final one. It allows living in the unit and temporary utility connections, but it is not valid for final subdivision, sale or final registration^[1]. More on provisional and final occupancy permits. With the exemption, a shell flat over 300 m² can still reach a final permit and, through it, a separate deed.

Finishing the shell after you buy#

The works left out still need paperwork later. When such a flat is handed over without interior finishes, the works not yet done need a declaration receipt or a renovation permit^[1]. Under Law 646/2004, renovation of a lawful or regularised building needs only a written declaration, signed by a responsible engineer, endorsed by the Order of Engineers and valid for one year^[2]. Our sources do not publish the Order's fee for the declaration, so ask your engineer. See whether you need a permit to renovate.

The exemption does not remove fines for unfinished facades^[1]. If the external facades are unfinished when the building permit expires, the owner has one year to finish them. After that a yearly fine of 15% of the permit fees per year^[2] is imposed and registered on the property's folio as a privileged debt, so it stays with the property when you buy it.

What the decree does not tell you#

We found only the decree text. There is no official guide or law-firm commentary on how municipalities apply it, and no source gives model contract wording. Whether your municipality calls the document an occupancy permit or a completion certificate is not confirmed^[2]. Ask the municipality's technical office, the General Directorate of Urban Planning or a Lebanese engineer, and have a lawyer read the contract clause.