The President of the Survey and Land Registration Bureau His Excellency Shaikh Salman bin Abdulla Al Khalifa issued Order No. (7) of 2015 with respect to registering off-plan sale, which was published in the Official Gazette Issue No. 3212 of 4th June 2015.

The Order includes the establishment of an off-plan sale register which enables a real estate developer to sell divided real estate units before beginning the construction or the completion of such construction.

The Order also specifies the real estate projects information that need to be provided and recorded on the off-plan sale register, as well as the documents required for submitting an application for registering in the Register.

The Order stipulates the right of the buyer to obtain a Registration Certificate evidencing the registering of the sold real estate unit showing the area of the unit, the common parts, all other attachments and facilities allocated to it, its value, the number of installment and the end date thereof.

The Order provides all the legal guarantees to protect the rights of the buyer and seller.

The Order is one of a series of orders that organize the implementation of Law No. (13) of 2013 with respect to the promulgation of the Real Estate Registration Law and Law No. (28) of 2014 with respect to Real Estate Development.

These laws and regulations will lead to the development of legal structure capable of coping with the changes in the real estate market in line with the policy of ensuring the protection and promotion of all parties' rights and duties in real estate trading.

This will no doubt enhance and strengthen the real estate market in the Kingdom of Bahrain.

The following is the complete text of the Order:

Order No. (7) of 2015
With Respect to Off-plan Sale

The President of the Survey and Land Registration Bureau:

In pursuance of the Land Registration Law No. (13) of 2013, And Law No. (28) of 2014 with respect to Real Estate Development, and Article 11 thereof in particular,

Upon the presentation by the Director General of Land Registration,

Hereby Orders:

Article (1)

In the implementation of the provisions of this Order, the following words and expressions shall have the meanings indicated against each of them, unless the context requires otherwise:
SLRB: Survey and Land Registration Bureau.
Directorate: Technical Affairs Directorate at SLRB.
Real Estate Development Project: Real estate development works or projects that are licensed in accordance with the provisions of Law No. (28) of 2014 with respect to Real Estate Development, irrespective of their nature (infrastructure or construction of buildings) or their purposes (commercial, industrial, private or public residences) or the method of financing (off-plan sale, financial leasing ending with ownership, leasing for the purpose of development, or Build, Operate and Transfer "BOT") or the person undertaking them (natural person or legal person).

Main Developer: A natural or legal person duly licensed to carry on the various real estate development works, such as construction and off-plan sale.
Sub-Developer: A natural or legal person duly licensed to carry out real estate development works entrusted to it by a Main Developer under an agreement between them to develop all or part of the property to be developed by the Developer.
Plan: Engineering drawing of the real estate units to be developed, which shall show the location, borders, area and specifications of the units in such detail as may be necessary to avoid ambiguity or uncertainty.
Real Estate Unit: Every property or a divided part thereof that has specified borders and area, and it may include the land and the building constructed upon it and all the common parts.
Off-plan Sale: The sale of divided real estate units prior to beginning the construction or completing the building thereof at the time of contract.
Register: A paper or electronic Off-plan sale register prepared at the Directorate to record the details mentioned in Articles (1) and (2) of this Order.
Registration Certificate: A certificate issued by the Directorate that evidences the registration of the project's permit or the contract of sale of one of its units in the Register.

Article (2)

There shall be established at SLRB a register to be called "Off-plan Sale Register" and it shall be either in the form of a paper register comprising a number of sheets or an electronic register. The Developers shall record in the Register the Real Estate Development Licence, the Units included in the Licence, sale contracts of real estate units and all legal disposals or acts affecting them.

Article (3)

There shall be recorded in the register all the details and information related to the Real Estate Development Project, the following in particular:

  1. The name of the Main Developer and Sub-Developer, if any.
  2. The real estate development works or projects licensed in accordance with the provisions of Law No. (28) of 2014 with respect to Real Estate Development, irrespective of their nature, purpose, method of financing, or the person undertaking it.
  3. The location of the property and its area.
  4. The number and types of the divided units.
  5. All common parts, facilities and services.
  6. Any other information that the Directorate sees fit to record in the Register.

Article (4)

An application for entry in the Register shall be submitted by the developer or his agent, who must be authorised by an official power of attorney, to the Directorate on the paper or electronic form prepared for this purpose, accompanied by the following documents:

  1. A copy of the title deed of the land of the real estate development project or an equivalent document of title, free of any in-kind rights or legal encumbrance that may obstruct the implementation of the project and the sale of its units, together with all the papers and documents that support the information/ details mentioned in the application.
  2. A copy of the memorandum and articles of association of the legal person and the authorized signatories.
  3. The final license/ permit issued for the real estate development project by the competent authority.
  4. A copy of a certificate evidencing the deposit by the developer of 20% of the estimated value of the real estate development project.
  5. Engineering, construction and architectural designs/ drawings of the real estate development project.
  6. Accurate plans or models showing the entire area and shape of the real estate development project, in addition to the details of what properties it contains, the number and type of divided units approved by the competent authority.
  7. A receipt evidencing the payment of the due fees.

An application for registration that has incomplete information shall be deemed as it did not exist. An application must be accompanied by the above- mentioned documents within fifteen days from the date of the submission of the application. The President of SLRB may by a reasoned decision extend such period by fifteen more days if acceptable reasons were given.

Article (5)

Receipt of applications for making an entry in the Register shall be given serial numbers in accordance with the date and time of the receipt thereof. The applicant shall be given a receipt evidencing the number and date of the application and a list of the papers and documents attached to it.
Accompanying documents and attachments to an application shall not be returned to the applicant, except in case they are insufficient to complete the entry into the Register, contain incomplete information or if the applicant decides to discontinue the procedures of the registration.

Article (6)

A real estate development project shall be entered in the Register in conformity with the submitted papers and documents. All details of the project shall be entered in accordance with the provisions of this Order.
A developer shall be entitled to obtain a Registration Certificate after fifteen days from the date of the submission of the application.

Article (7)

Subject to the provisions of Article (10) of Law No. (28) of 2014 with respect to Real Estate Development, if a developer disposes of a real estate development project in any way or form of disposal, the developer shall apply to the Directorate to enter such act/ disposal in the Register.

Article (8)

After the developer sells the entire units of the real estate development project, this will be entered in the Register and the project will be marked as closed.

Article (9)

An application for entering a sale contract of a real estate unit in the Register shall be submitted by the developer or his agent, who must be duly authorised by an official power of attorney, to the Directorate on the paper or electronic form prepared for this purpose. The application shall be accompanied by the original sale contract of the real estate unit in a format approved by the law and an evidence of the payment of the due fees.

Article (10)

A sale contract of a real estate shall be entered in the Register in conformity with the submitted papers and documents. All details of the sale contract shall be entered in accordance with the provisions of this Order.
The buyer shall after fifteen days from the date of the submission of the application be entitled to obtain a Registration Certificate evidencing the registering of the sold real estate unit showing the area of the unit, the common parts, all other attachments and facilities allocated to it, its value, the number of instalments and the end date thereof.

Article (11)

If the buyer sells the real estate unit to another person, or if he arranged any right on the property, the developer or the beneficiary of such right shall apply to the Directorate to register the right in accordance with Article (9) of this Order.

Article (12)

All sale contracts of real estate units that are subject to the provisions of Law No. (28) of 2014 with respect to Real Estate Development and were not registered in the Register as described in this Order shall be deemed invalid.

Article (13)

The Director General of Real Estate Registration shall implement this Order, which shall take effect from the next day following the date of its publication in the Official Gazette.

President of the Survey and Land Registration Bureau
Salman bin Abdulla Al Khalifa

Back to News