Modern societies are governed by law. Implementing the law is imperative for the smooth functioning of the system. Real Estate is one of the most significant sectors in Pakistan, and several laws have been designed and enforced for the property sector to adhere to real estate protocols.
This blog provides an understanding of real estate laws in Pakistan.
What is Property?
Any tangible or intangible asset that an individual can possess can be entitled as property.
Types of Properties
Generally, there are two types of properties. Moveable and immovable. Moveable properties can be shifted from one place to another, such as vehicles, jewelry, etc. In contrast, immovable properties cannot be transferred or moved, or they are attached or integrated with land, such as plots, houses, buildings, etc.
Types of Property Laws in Pakistan
Numerous laws have been passed to regulate ownership of property, acquisition, registration, Transfer, taxation, and tenancy rights of immovable properties in Pakistan, such as The Transfer of property act, 1882; The Land acquisition act, 1894; The registration Act, 1908; the provincial Land revenue act, 1967, etc.
Following are a few laws that regulate property in Pakistan.
Land Revenue Act, 1967
The land revenue act binds the government and landlords. Government is entitled to receive a part of the production from landowners that might be a maximum of 1/4th of their income after deducting expenditures. Provinces are empowered to amend it at their discretion.
Transfer of Property Act, 1882
This law defines and regulates all matters relevant to the Transfer of property in Pakistan. This law was passed in British India and comprised conditions and provisions required for transferring property in the shape of a lease, mortgage, sale, etc.
Registration Act, 1908
Registration of documents is carried out in the registration act 1908. All documentation required for property transfer or mutated property must be registered under this law.
Local and Special Laws
These laws regulate housing societies of all categories, whether belonging to the private sector, cantonment boards, cooperative societies, or mutual societies.
Stamp Act, 1899
Instruments charged with duty by the government are discussed in this act, enacted by British India in 1899. It binds buyers and sellers to pay a defined amount to the government for the record of their transactions. The government determines this amount.
It is a system of rules and regulations enforced by the supreme authority and governs the behavior of residents of a particular place.
The levy or tax imposed by the government on the Transfer of property is dubbed as stamp duty. It must be paid on time.
Yes. Foreigners can purchase properties in Pakistan after meeting the required standards. Permission from the interior ministry or respective provincial ministries is required other than set procedures.
Land revenue Act 1967, Transfer of property act 1882, and registration act 1908 regulate the Transfer of properties in urban areas, while the land revenue act 1967 governs the Transfer of rural agricultural land.