Is a promise of sale enough to protect me when I buy an apartment that is not built yet?
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Short answer
Not on its own. A promise of sale gives you only a personal right against the seller until the sale is registered[1,2]. It holds against later buyers and lenders only if it is provisionally inscribed on the property's folio[1,3]. How that works for a flat without its own folio is not published, so ask a lawyer.
Also asked as: “Is a promise of sale enough to protect me when I buy an apartment that is not built yet in Lebanon?” · “Does a promise of sale protect an off-plan buyer in Lebanon?” · “Provisional inscription of a promise of sale” · “Can I register an off-plan apartment before it is built?”
The law firm commentary this page relies on does not deal with apartments that are not built yet, and no source explains how a promise on a future unit is inscribed or what it protects. This page covers what was published up to 17 October 2026. Have a Lebanese lawyer read your promise before you pay anything.
Key facts
- How long an inscription lasts
- one month, six months, two months or up to one year[4], depending on how it was made
- Who ranks first
- The right entered first in the registry's daily journal, not the first one signed[4]
- When your flat gets its own folio
- Only after the building is subdivided, which needs an occupancy permit plus electricity and water connection certificates[6]
What a promise of sale does and does not do
A purchase in Lebanon runs from a Land Registry extract, through an optional promise of sale and a notarial deed, to inscription at the Land Registry. You own the property only once it is inscribed[1]. Until then, Kallas Law Firm says, the property stays in the seller's name and is exposed to any sale, mortgage or attachment entered before your inscription. Rights and court actions on a property count against third parties only from the date they are inscribed on its folio[4].
The registry protects whoever relies on it. Someone who acquires a right relying on the registry entries keeps it, unless they knew of the defect beforehand[4]. Kallas says selling the same property twice is fraud under the Penal Code[7]. Between two buyers, though, the one entered first in the daily journal ranks first. A promise kept in a drawer does nothing against either risk. For more on contracts that never reach the registry, see what happens if you only have a sale contract.
Provisional inscription and its limits
Kallas Law Firm reads the Code of Real Property as allowing a promise of sale to be provisionally inscribed on the property's folio, which keeps your rank against any later sale or mortgage. Kallas also reads Art. 220 as capping the promise's option period at 15 years[1,3].
That inscription does not make you an owner. Kallas says an annotation entered on the strength of an ordinary sale contract or a power of attorney does not transfer ownership. Your right stays personal, and subject to the ten-year limitation, until final registration[8]. Separately, Kallas's summary of the registry decree says a provisional inscription expires after one month, six months, two months or up to one year[4], depending on whether it rests on a deed, on the parties' agreement or on a court order. No source we found explains how the 15-year option period and these expiry rules fit together, so ask a lawyer whether your inscription will need renewing and when.
If the seller later refuses to complete, Kallas says you can sue the seller or the seller's heirs to force registration or claim damages. Open, continuous and unchallenged possession of the property interrupts the time limit[4,9]. With an unbuilt flat it is unclear what you could possess, so ask a lawyer whether this safeguard can apply to you.
The off-plan problem: your flat has no folio yet
Kallas says no real right can be registered on a defined part of a plot until the plot is partitioned and that part gets its own folio[4]. Until then, what can be registered is a number of undivided shares in the whole plot, and those shares give you no right to a specific piece of it[2,4,10]. A flat under construction looks like such a defined part, and it has no folio of its own yet.
The flat gets its own number and folio only when the building is divided into units. Each unit then gets a number added to the property number, with private units numbered from 4[11]. Dividing the building is the owner's choice. It also needs a final occupancy permit[6], and the construction must comply with the building laws. A provisional occupancy permit is not valid for subdivision, sale or final registration[12]. Decree 15874/2005 also bars selling parts of a building that has no final occupancy permit. Whether that ban reaches a promise of sale on an unbuilt unit is not confirmed.
We found nothing published on these points:
- how a promise on a future flat is inscribed: on the parent plot, and against which shares;
- what that inscription protects against a mortgage the developer later puts on the plot;
- how it turns into a title for your unit after the occupancy permit and subdivision;
- what you can do if the developer never divides the building.
Any charge already on the plot's folio carries over unless it is cleared[1]. Read whether the developer's bank or creditors can take the land before you sign.
How to protect yourself before you pay
- Get an official extract for the parent plot. At the land registry office for the property, give the governorate, district, real estate zone, property number, section and block[13,14]. Legalmondo (June 2025) says the official certificate is issued only in person and costs USD 5[14]. Online and OMT copies are unofficial[13,14,15,16]. The extract lists the owners, mortgages, seizures and pending court actions[14,16]. In a case the Internal Security Forces reported in June 2026, the buyer of a property in Halat (Jbeil) found the deed was invalid only when he tried to register[17]. Check before you pay, not at registration.
- See the plot on the ground. Ask a surveyor to match the plot number to the cadastral map and survey and to confirm that the building site sits on that plot.
- Check who you are dealing with. Kallas says an individual company certificate, which shows a company's shareholders and management, takes about 2 business days[16]. Kallas does not name the office or the fee. The commercial register is the likely place, but ask a lawyer to confirm and to request it for you. Compare the names with the owner on the extract, and see how to check the seller owns the land and has a permit and how to check a developer.
- Have a lawyer draft or review the promise. It should name the plot number, the real estate zone, the future unit and the shares concerned. Ask the lawyer in writing how it will be inscribed, against which shares, and when the inscription must be renewed. Assukna, a property venture, advises diaspora buyers to have a lawyer do full title checks first and to walk away if problems appear[18].
- Ask your lawyer to inscribe it on the parent plot's folio as soon as it is signed, if they confirm it can be done. Priority goes by the date of entry in the registry's daily journal, and by the hour for requests filed the same day[4]. The fee and processing time for a provisional inscription are not published; the land registry office for the plot will tell you. Keep the registry receipt and a new extract showing your inscription.
- Follow it through to your own title. Dividing the building into units is the owner's choice[11], and it needs an occupancy permit plus electricity and water connection certificates[6]. The steps, documents and timeline after subdivision are not published, so ask the notary or a lawyer. What we know is in registering your flat after completion.
It depends on
- What is already on the plot's folio. A mortgage, seizure or court action already entered ranks before your promise and carries over unless it is cleared[1]. Ask a lawyer to read each entry with you.
- Where the project is. A draft law on property sales in occupied southern towns, as LBCI reported it in September 2026, would exclude buildings being built and properties sold by developers[22]. The final text may differ, so ask a lawyer.
Common questions
Is a promise of sale the same as owning the apartment?
What if the developer sells my apartment to someone else?
Kallas Law Firm says selling the same property twice is fraud under the Penal Code[7]. Between two buyers, the one entered first in the registry's daily journal ranks first[4]. An inscription on the plot's folio is what normally keeps your rank[1,3], but how it works for a unit without its own folio is not published. Ask a lawyer before you pay.
Does a provisional inscription last indefinitely?
No. According to Kallas Law Firm's summary of the registry decree, it expires after one month, six months, two months or up to one year[4], depending on how it was made. Ask a lawyer whether yours needs renewing.
Sources
Checked against these sources. The numbers in the text point here.
- 1.How to Buy Property in Lebanon: The Legal Steps from Verification to Inscription
Kallas Law Firm · 9 Jun 2026 · read 16 Oct 2026
- 2.Legislative and Administrative Land and Property Rights Framework. Lebanon
GLTN / UN-Habitat · May 2024 · read 16 Oct 2026
- 3.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
- 4.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
- 5.Palestinian Refugees' Right to Inherit under the 2001 Amendment Law – Beirut Test Case
Norwegian Refugee Council · January 2016 · read 16 Oct 2026
- 6.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
- 7.Theft, fraud and breach of trust: how Lebanese law distinguishes the three crimes
Kallas Law Firm · 23 Aug 2026 · read 17 Oct 2026
- 8.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
- 9.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
- 10.Definition of Real Property and Types of Ownership in Lebanese Law (Part One of the Practical Guide to the Code of Real Property)
Kallas Law Firm · 25 May 2026 · read 17 Oct 2026
- 11.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
- 12.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
- 13.OMT: Viewing Title Registers (Land Registry service page)
OMT (Online Money Transfer S.A.L.) · undated · read 17 Oct 2026
- 14.How to Find Real Estate and Land Register Information in Lebanon
Legalmondo · 17 Jun 2025 · read 17 Oct 2026
- 15.Viewing Title Registers Electively Through OMT
OMT (Online Money Transfer S.A.L.) · 13 Oct 2020 · read 17 Oct 2026
- 16.Lebanon Asset Search: How to Find Real Estate and Company Ownership Records
Kallas Law Firm · 25 Oct 2025 · read 17 Oct 2026
- 17.ISF: arrest of suspect forging a property deed in Halat
Internal Security Forces (ISF), Lebanon · 24 Jun 2026 · read 17 Oct 2026
- 18.Is It Safe to Buy Lebanese Real Estate in 2026?
Assukna · 27 Apr 2026 · read 17 Oct 2026
- 19.حاولوا الاستيلاء على عقار بقيمة نصف مليون دولار... ما علاقة كاتب العدل؟
Annahar · 19 Oct 2025 · read 17 Oct 2026
- 20.Photograph of a suspect arrested for fraud and forgery circulated: Have you been a victim of his crimes?
Internal Security Forces · 14 Jul 2026 · read 17 Oct 2026
- 21.Sanitized Cases – 2023 Forgery Report (STR)
Special Investigation Commission · undated · read 17 Oct 2026
- 22.A new law could reshape property sales in southern Lebanon's occupied towns
LBCI (LBC Group) · 26 Sept 2026 · read 17 Oct 2026
Related questions
- 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 the developer's bank or creditors take the land my off-plan apartment is built on?Yes, if a mortgage or seizure reaches the Land Registry before your purchase does. How to check the plot, protect your rank and what is unclear.
- 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.
- I bought with a sale contract but nothing is registered. Am I the owner?No. Until the sale is inscribed at the Land Registry you hold only a claim against the seller. The risks, time limits, fees and how to register.
- How can I check that a property developer in Lebanon is reliable before I pay a deposit?We found no register of developers, so check the project: the plot's Land Registry extract, the company's records and the permit. Steps and costs.
- My developer stopped building after taking my money. What can I do?Civil remedies for stalled projects are not published, so see a lawyer. What to check at the Land Registry and municipality, and when it is fraud.
- Can a developer legally sell me an apartment in a building with no occupancy permit?Not as a registered sale: Lebanese law bans selling building parts without a final occupancy permit. What is unclear, what protects you and what to check.
- How do I check a title deed in Lebanon before buying?Get your own official Land Registry extract and read it before you pay. Where to get it, the cost, red-flag entries and what it does not show.

