Date of publication:

01/08/2026

Bangladesh

Do domestic laws and policies allow forcibly displaced and stateless persons to own, lease, rent or inherit housing and land? 

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Bangladeshi domestic laws and policies do not provide refugees or asylum-seekers with access to the acquisition of movable or immovable property, nor do they grant refugees or asylum-seekers rights related to such property. 

Article 13 of the Constitution of the People’s Republic of Bangladesh recognizes both cooperative and private ownership of property. However, the right to acquire, hold, transfer or otherwise dispose of property is limited to citizens.1 The Constitution does not guarantee the right of property to non-citizens including refugees or asylum-seekers. 

Relevant housing, land and property (HLP) laws do not explicitly prohibit HLP related rights or discriminate between citizens and non-citizens. However, in practice narrow interpretation of laws and restrictive government policies/instructions create challenges in accessing HLP rights equally. When it comes to HLP, the foundational legal instruments include the Non-Agricultural Tenancy Act of 1949 (NAT) and State Acquisition and Tenancy Act of 1950 (SAT) which are applicable to all people regardless of citizenship. These Acts were enacted to reform the landlord system at that time and to protect tenants, their security of tenure, fair rent, eviction rules and to create a land ceiling. As the rights to movable or immovable property of the Rohingya population is limited, the provisions of these foundational legal instruments are irrelevant.  

In addition, the Transfer of Property Act 1882, Acquisition and Requisition of Immovable Property Act 2017 and Registration Act 1908 are relevant instruments. The Transfer of Property Act 1882 and the Registration Act 1908 are the two main laws which regulate transfer of property in Bangladesh. These two laws do not have any specific provisions related to foreigners, meaning the laws do not explicitly restrict foreigners from purchasing land and rather may allow a foreigner to purchase and transfer land in Bangladesh. The Transfer of Property Act 1882 does not create any barriers for foreigners to transfer immovable property, as under the Act, every person who has the capacity to contract and can hold property can transfer any property under the provisions of this Act. The Sale of Goods Act, 1930 deals with transfer of movable property and also permits non-citizens to gain ownership of movable property under certain conditions. However, in practice, these laws are restrictively applied to refugees and asylum-seekers in Bangladesh.  

The main barrier for refugees and asylum-seekers to acquire ownership of immovable property is set by the Registration Act, 1908. The Act creates an obligation for parties to register property-related documents, and failure to register make the documents void.2 Registration of documentation requires both the buyer and seller to present their Bangladeshi national ID or passport which Rohingya refugees and asylum-seekers do not possess. Without Bangladeshi documentation, refugees and asylum-seekers are unable to register any property in their name. 

Regarding movable property, Rohingya refugees and asylum-seekers can acquire and possess personal items for daily use, but again are unable to acquire movable property that requires formal registration due to lack of Bangladeshi documentation. Publicly-available reports from NGOs suggest that the Government occasionally issues confidential circulars and orders pursuant to Section 3 of the Foreigners Act, 1946 further restricting refugees’ access to land and property.3

  • 1

    Article 42, The Constitution of People’s Republic of Bangladesh 

  • 2

    Section 17B, The Registration Act, 1908

  • 3

    Section 3, The Foreigners Act, 1946 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Foreigners Act

    Legal provision

    Article 3 - Power to make orders

    3. (1) The Government may by order make provision, either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into Bangladesh or their departure therefrom or their presence or continued presence therein. (2) In particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner- (a) shall not enter Bangladesh, or shall enter Bangladesh only at such times and by such route and at such port or place and subject to the observance of such conditions on arrival as may be prescribed; (b) shall not depart from Bangladesh, or shall depart only at such times and by such route and from such port or place and subject to the observance of such conditions on departure as my be prescribed; (c) shall not remain in Bangladesh or in any prescribed area therein; (d) shall remove himself to, and remain in, such area in Bangladesh as may be prescribed; (e) shall comply with such conditions as may be prescribed or specified- (i) requiring him to reside in a particular place; (ii) imposing any restrictions on his movements; (iii) requiring him to furnish such proof of his identity and to report such particulars to such authority in such manner and at such time and place as may be prescribed or specified; (iv) requiring him to allow his photograph and finger impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or specified; (v) requiring him to submit himself to such medical examination by such authority and at such time and place as may be prescribed or specified; (vi) prohibiting him from association with persons of a prescribed or specified description; (vii) prohibiting him from engaging in activities of a prescribed or specified description; (viii) prohibiting him from using or possessing prescribed or specified articles; (ix) otherwise regulating his conduct in any such particular as may be prescribed or specified; (f) shall enter into a bond with or without sureties for the due observance of, or as an alternative to the enforcement of, any or all prescribed or specified restrictions or conditions; (g) shall be arrested and, in the interest of the security of Bangladesh, detained or confined: Provided that a person shall not be detained for a period exceeding six months unless an Advisory Board consisting of three persons appointed by the Government, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention. (3) An order made under sub section (2) may make provision for such incidental and supplementary matters as may, in the opinion of the Government, be expedient or necessary for giving effect to the provisions of this Act.

    Registration Act

    Legal provision

    Effect of unregistered contract for sale executed prior to section 17A becomes effective

    B. (1) Where a contract for sale of immovable property is executed but not registered prior to coming into force of section 17A- (a) the parties to the contract shall, within six months from the date of coming into force of that section,- (i) present the instrument of sale of immovable property under the contract for registration, or (ii) present the contract for sale itself for registration; or, (b) either of the parties, if aggrieved for non compliance with any of the provisions mentioned in clause (a), shall, notwithstanding anything contained to the contrary in any law for the time being in force as to the law of Limitation, institute a suit for specific performance or recession of the contract within six months next after the expiry of the period mentioned in clause (a), failing which the contract shall stand void. (2) The provision of sub-section (1) shall not apply to any contract for sale of immovable property on the basis of which a suit has been instituted in a civil court before coming into force of section 17A.