Property Due Diligence in Egypt — The 10-Point Checklist (2026)
By Counselor Mohamed Khaled Abdel Hady
Property due diligence in Egypt is the legal check-run before you pay: it confirms the seller is the registered owner — ownership passes only by registration under Law 114/1946 as amended by Law 9/2022 — and that the property is free of mortgages, liens, disputes and unpaid tax. Our 10-point checklist also covers zoning, the building licence and the Circular 41/2024 FX rule for foreign buyers. Last reviewed 8 October 2026.
Property Due Diligence in Egypt
Under Law 114/1946 (as amended by Law 9/2022) and Civil Code Article 934, ownership of real property transfers only by registration with the Real Estate Publicity and Registration Department (الشهر العقاري) under the Ministry of Justice [VERIFIED — Law 114/1946; Law 9/2022]. A hand-written contract, a power of attorney or a signature witnessed by a notary is not the same thing as registered ownership. Due diligence exists to close that gap before money changes hands.
Why due diligence matters in Egypt
A large share of Egyptian property is not formally registered — studies cite roughly 92–95% of holdings without normal title [UNVERIFIED — cited in secondary literature]. When title is weak, a buyer can pay, move in, and still lose the property to a registered third party, an heir, a mortgagee or an objection. The ten checks below are the practical answer.
The 10-point due-diligence checklist
- Title deed and chain of title. Verify the seller is the registered owner — assignment and property description; obtain the title deed and certificate of properties, and the inheritance notice if the seller is an heir [VERIFIED — Law 114/1946; Law 9/2022].
- Registration / notarisation status. Confirm the transfer was actually registered. Notarial “validation of signature” (ṣaḥḥa taqīʿiyya) gives limited protection and is insufficient for bank loans or resale [VERIFIED — Law 114/1946; Law 186/2020].
- Zoning and land use. Residential versus commercial, agricultural or military land; foreign-ownership limits differ by zone [VERIFIED as to authority — Law 230/1996; local zoning].
- Construction licence. The building must have been built with a valid licence — especially relevant for properties built after 2 June 1992 [VERIFIED — Building law].
- Mortgages and liens / third-party rights. Check the register for registered mortgages, liens, easements and requests on the property [VERIFIED — Law 114/1946; Real Estate Finance Law 148/2001].
- Litigation and disputes. Pending claims and objections to registration; Law 9/2022 created a 30-day registration deadline with a 7-day objection window (about 37 days in total) [VERIFIED — Law 9/2022].
- Property tax and utility clearance. Obtain a tax clearance certificate and utility clearance/connection; a registration number has been required since Law 186/2020 [VERIFIED — Egyptian Tax Authority; Law 186/2020].
- Developer / state-land verification. For off-plan or developer sales, confirm the developer’s allocation from the state and that the developer is not under investigation [VERIFIED — NUCA / governorate].
- FX source of funds (foreign buyers). The foreign buyer’s payment must come from abroad in foreign currency through a CBE-authorised bank [VERIFIED — Circular 41/2024].
- Antiquity status. Confirm the property is not protected as an antiquity [VERIFIED — Law 230/1996].
What changed with Law 9/2022
Law 9/2022 (published 6 March 2022) amended Law 114/1946 to (a) cancel the linkage of registration to the 2.5% property-tax payment, (b) abolish the “chain of title” prerequisite for registration or notarisation, and (c) set a 30-day registration completion deadline with a 7-day objection window [VERIFIED — Law 9/2022]. In practice this shortened and simplified registration, but it did not remove the need to check who is registered as owner today.
The FX rule for foreign buyers — Circular 41/2024
Since 26 March 2024, the purchase price for property sold to a foreigner must be transferred from abroad in foreign currency to a CBE-authorised bank. Where the price is stated in a foreign currency, prior CBE approval is required, and the notary may not authenticate the sale otherwise [VERIFIED — Circular 41/2024, in force 26 March 2024]. Any property plan for a foreign buyer must clear this gate first.
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Written by Counselor Mohamed Khaled Abdel Hady — immigration lawyer in Egypt (15+ years).
Last reviewed: 8 October 2026.
Legal sources: Law 114/1946 and Law 9/2022 (Real Estate Registration); Law 186/2020; Law 230/1996; Civil Code Article 934; Circular 41/2024 (Central Bank of Egypt); Real Estate Publicity and Registration Authority (realestate.gov.eg); Egyptian Tax Authority (eta.gov.eg); New Urban Communities Authority (nuca.gov.eg).
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