Real Estate Law and Cross‑Border Investments: Guidance from our London Office

About our Holborn Gate service

From our London office at Holborn Gate, 330 High Holborn, WC1V 7QH, our team advises international investors and occupiers on the legal and commercial issues that commonly arise when acquiring, developing or leasing property abroad. This note focuses on preparing for transactions that involve property in Bangladesh from the perspective of England and Wales law and international practice. It is not a substitute for jurisdiction‑specific advice.

Key cross‑border considerations

Cross‑border real estate work commonly requires attention to areas where English practice and local rules diverge. Typical matters to address early include:

• Title and registration: confirm the nature and security of the title and the system for registration of interests in land.
• Regulatory approvals and foreign investment restrictions: identify any approvals, notifications or licences that may be required for foreign purchasers, developers or landlords.
• Tax and currency controls: assess local taxation on acquisition, ongoing ownership and disposal, and any foreign exchange or repatriation constraints.
• Planning, zoning and permitted use: review local planning controls and statutory consents relevant to the intended use or redevelopment.
• Environment, contamination and liabilities: allocate risk for historic contamination, remediation and related compliance.

Due diligence, transaction structure and risk allocation

Properly staged due diligence and choice of acquisition vehicle reduce execution risk. Consider whether to acquire via equity or asset purchase, whether to use escrow or staged completion, and how to secure obligations (charges, guarantees, completion bonds). Take into account local insolvency regimes and how security will be enforced in practice.

Practical checklist before instructing local counsel

1. Define commercial objectives and exit strategy (time horizon, yield, redevelopment plans).
2. Compile preliminary documents: corporate ownership, existing leases, permits, title documents and any encumbrances.
3. Identify potential regulators and required approvals for acquisition, construction and operation.
4. Undertake initial tax and FX review to model after‑tax returns and repatriation options.
5. Engage reputable local counsel and technical advisers for jurisdiction‑specific due diligence and closing mechanics.

Risk management and ongoing compliance

Implement AML/KYC processes consistent with UK obligations, and build contractual protections for breach, title defects and post‑completion liabilities. For development projects, use phased draws, performance guarantees and independent certifiers to manage construction risk.

Jurisdiction and sources

• HM Land Registry (England & Wales)
• GOV.UK (guidance on buying, selling and tax)
• The Law Society (guidance on international transactions)
• Solicitors Regulation Authority (SRA)
• Foreign, Commonwealth & Development Office (FCDO) country information
• High Commission for Bangladesh in London (for consular and official contacts)

General information only; not legal advice and not a substitute for advice on a particular matter.