Key points
- Ownership of real estate passes only by registration at the Shahr Aqari.
- A judgment on validity of signature does not prove ownership.
- Search for mortgages, lawsuits, unpaid instalments and arrears before paying.
- Read the contract for whether a payment is an arbun or part of the price.
Why is checking the title so important in Egypt?
Under the Real Estate Registration Law No. 114 of 1946, ownership of real estate passes only by registration at the Real Estate Publicity office, known as the Shahr Aqari. This applies between the parties and toward everyone else. A signed sale contract that is not registered gives the buyer personal rights against the seller. It does not by itself make the buyer the registered owner.
Many properties in Egypt are not registered. They are held through a chain of unregistered contracts that goes back to a registered owner, a developer or a state allocation. Buying such a property is common. It means your checks matter more.
Many unregistered contracts are backed by a court judgment. A judgment on the validity of a signature only confirms that the signature is genuine. It does not prove that the seller owned the property, and it does not transfer ownership.
A judgment on the validity and enforcement of a sale contract goes further and can be registered. Even so, it is only as strong as the title of the person who sold. Read these judgments as part of the chain, not as proof on their own.
What should you check about the seller?
Start with the person who will sign. Then trace how that person came to hold the property.
- Identity: the national ID or passport matches the name on the title documents
- The chain of title: every contract from the registered owner or the original allocation down to the seller, with no gaps
- Agents: if someone signs for the owner, read the power of attorney, confirm it expressly allows sale, and confirm it has not been revoked
- Heirs: if the owner has died, all heirs must take part, and the inheritance must be properly established
Is the property free of debts and disputes?
For registered property, ask for an official search at the Real Estate Publicity office. It shows registered rights such as mortgages. For unregistered property, there is no single register to rely on, so the checks are wider.
- Mortgages and other security in favour of banks or the developer
- Pending lawsuits over the property, including claims by earlier buyers
- Unpaid instalments owed to the developer or to the state body that allocated the land
- Arrears of real estate tax, utilities and service charges
- Whether the unit is occupied by a tenant, and under which rent law
Was the building built legally?
Check the building permit and compare it with what was actually built. Extra floors or changes beyond the permit can expose the unit to violation procedures, fines, and problems with utilities and registration. Ask whether a reconciliation of building violations has been applied for or completed.
Check the legal status of the land too. Building on agricultural land is restricted by law. In new cities, check that the land was allocated by the competent authority and that the developer has met the allocation conditions.
Buying off plan: what should the contract say?
When you buy from a developer before completion, the contract is most of your protection. Read it for these points:
- That the developer owns or holds rights to the land and has the permits for the project
- A clear description of the unit: area, floor, specifications and finishing
- The payment schedule, and what happens if a payment is late
- The delivery date, and the remedy if delivery is late
- Service charges, the maintenance deposit and the owners' association
- How either side can end the contract, and what is refunded
What about deposits and payment?
Pay through a bank or another traceable method, not cash. Keep receipts in your name.
Make sure the contract names the parties in full, describes the property with its address and boundaries, states the price and how it is paid, and says who bears registration fees and taxes.
Be careful with the word arbun. Under the Civil Code, unless the contract says otherwise, an arbun gives each side a right to withdraw. A buyer who withdraws loses the arbun. A seller who withdraws returns double. Make sure the contract states whether a payment is an arbun or part of the price. Foreign buyers face additional rules and limits on owning property, and should check them before paying anything.
When to speak to a lawyer
The right moment is before you pay any deposit. A lawyer can review the chain of title, run the searches, and draft or amend the contract. Al-Amthal Law Firm has advised on real estate matters in Cairo since 1977.
This article is general information, not legal advice. Procedures, fees and requirements change, so get advice on your own case.
Common questions
Is a judgment on validity of signature enough to prove ownership?
No. It only confirms that the signature on the contract is genuine. It does not confirm that the seller owned the property, and it does not transfer ownership. A judgment on validity and enforcement goes further, but it still depends on the seller's own title being sound.
Can I buy a property that is not registered at the Shahr Aqari?
Yes, and many people do. The risk is higher, because there is no single public register showing every claim. You need to trace the chain of contracts back to a registered owner or an official allocation, and check for earlier sales, debts and lawsuits before you pay.
What is the difference between an arbun and a down payment?
Under the Civil Code, an arbun gives each side a right to withdraw from the contract, unless the contract says otherwise. The buyer who withdraws loses it, and the seller who withdraws returns double. A down payment that is part of the price carries no such right. The contract should say which one you are paying.
This guide gives general information about Egyptian law. It is not legal advice, and procedures and deadlines change. Speak to a lawyer about your own case.