Etihad Law

Etihad Law Firm advises clients on construction projects, infrastructure developments, and construction disputes in Iraq such as comprehensive real estate legal services in Iraq, advising developers, investors, lenders, government entities, and private clients on the full spectrum of property transactions and regulatory matters. As Iraq’s real estate sector expands driven by reconstruction, urban development, foreign investment, and a growing private housing market the need for experienced real estate legal counsel in Iraq has never been greater.

Our real estate lawyers in Iraq advise on acquisitions, disposals, development projects, financing, leasing, joint ventures, and dispute resolution. We work closely with our corporate, finance, tax, and regulatory practice groups to deliver integrated legal advice across the entire lifecycle of a real estate asset, from initial site acquisition through to construction, operation, and eventual exit.

Whether you are a foreign investor entering the Iraqi market, a local developer structuring a mixed-use project, a lender financing a commercial development, or a government body managing a public-private partnership, Etihad Law Firm delivers clear, commercially focused, and results-driven real estate legal services tailored to the specific demands of the Iraqi market.

Acquisitions and Disposals

The acquisition and disposal of real estate assets in Iraq involves a complex web of title verification, regulatory approvals, foreign ownership restrictions, and transactional structuring considerations. Our team guides clients through every stage of the process, ensuring that transactions are properly structured, legally sound, and commercially optimized.

Our real estate acquisition and disposal services in Iraq include:

  • Conduct title due diligence and ownership verification for residential, commercial, and industrial properties in Iraq
  • Advise on foreign ownership restrictions and the structures available to international investors seeking to hold Iraqi real estate
  • Draft and negotiating sale and purchase agreements, transfer documentation, and ancillary transaction documents
  • Advise on the regulatory approvals required for real estate transactions, including those involving government land or licensed investment areas
  • Structuring real estate acquisitions through corporate vehicles, joint ventures, and investment entities
  • Advise on the tax implications of real estate acquisitions and disposals in Iraq
  • Support portfolio acquisitions and disposals involving multiple properties or mixed-use assets
  • Advise on the acquisition and disposal of distressed real estate assets and non-performing property loans

Acquisitions and Disposals

• Conduct title due diligence and ownership verification for residential, commercial, and industrial properties in Iraq • Advise on foreign ownership restrictions and the structures available to international investors seeking to hold Iraqi real estate • Draft and negotiating sale and purchase agreements, transfer documentation, and ancillary transaction documents • Advise on the regulatory approvals required for real estate transactions, including those involving government land or licensed investment areas • Structuring real estate acquisitions through corporate vehicles, joint ventures, and investment entities • Advise on the tax implications of real estate acquisitions and disposals in Iraq • Support portfolio acquisitions and disposals involving multiple properties or mixed-use assets • Advise on the acquisition and disposal of distressed real estate assets and non-performing property loans

Finance and Lending

• Advise lenders and borrowers on secured real estate lending transactions, including mortgage facilities and construction loans • Draft and negotiating loan agreements, security documents, and intercreditor arrangements for real estate financings • Advise on the creation, registration, and enforcement of mortgages and other security interests over Iraqi real estate • Structuring mezzanine and preferred equity financing arrangements for real estate projects in Iraq • security on Islamic finance structures applicable to real estate transactions in Iraq • Support the financing of public-private partnership projects and government-linked real estate developments • security on loan restructuring, enforcement, and recovery in relation to distressed real estate assets • Conduct finance-side due diligence on real estate assets offered as security

Joint Ventures and Investment Structures

• Structuring joint ventures between local and international developers, investors, and financial partners • Draft and negotiate joint venture agreements, shareholders’ agreements, and co-investment arrangements • Advise on the regulatory framework applicable to foreign participation in Iraqi real estate projects • Structuring investment vehicles for holding and managing Iraqi real estate assets • Advise on profit-sharing, waterfall mechanisms, and exit arrangements in real estate joint ventures • Advising on the tax structuring of real estate joint ventures and investment entities in Iraq • Support dispute resolution between joint venture partners in real estate projects

Foreign Investment

• Advise foreign investors on the legal framework governing real estate ownership and investment in Iraq • Structuring foreign investment in Iraqi real estate through compliant and tax-efficient vehicles • Advise on investment licensing requirements applicable to real estate development projects in Iraq • Guide foreign developers and investors through the approval processes required by relevant Iraqi authorities • Advise on free zone real estate investment and the applicable regulatory regime • Advise on repatriation of returns and profits from Iraqi real estate investments • Support foreign investors on exit structuring and the disposal of Iraqi real estate assets

Development and Construction

• Advise on land assembly, site acquisition, and the legal structuring of development projects in Iraq • Advise on planning permissions, development approvals, and regulatory compliance for construction projects • Draft and negotiating construction contracts, engineering agreements, and project management arrangements • Advise on contractor selection, procurement processes, and public tendering requirements for development projects • Structuring development joint ventures between local and international partners • Advise on off-plan sales, pre-sale agreements, and residential development schemes • Manage legal risk during construction, including delay claims, variation disputes, and contractor default • Advise on project handover, defects liability, and post-completion obligations

Commercial Leasing and Property Management

• Draft and negotiate commercial lease agreements for office, retail, industrial, and mixed-use properties in Iraq • Advise landlords on lease structuring, tenant selection, and management of lease portfolios • Advise tenants on lease terms, rent review mechanisms, break rights, and exit strategies • Advise on subleasing, assignment of lease interests, and landlord consent requirements • Advise on lease incentives, fit-out contributions, and rent-free arrangements • Manage lease renewals, rent reviews, and lease expiry processes • Advise on property management agreements and facilities management arrangements • Represent clients in lease disputes and dilapidations claims

Public-Private Partnerships and Government Real Estate

• Advise on the legal framework for public-private partnerships in Iraq’s real estate and infrastructure sectors • Represent private sector clients in negotiations with government entities on PPP and concession arrangements • Advise on government land allocation, usufruct rights, and long-term lease arrangements with public bodies • Structuring PPP transactions to optimize risk allocation between public and private partners • Advise on procurement compliance and competitive tender requirements for government-linked real estate projects • Support the development of housing, commercial, and mixed-use projects under government investment programmes • Advise on the regulatory approvals required for large-scale urban development and master-planned communities in Iraq

Dispute Resolution

• Represent clients in real estate litigation before the Iraqi courts, including title disputes, boundary conflicts, and ownership claims • Advise on and pursuing construction disputes, including contractor claims, delay penalties, and defects liability • Represent clients in lease disputes, including rent arrears, dilapidations, and contested lease renewals • Advise on expropriation and compulsory acquisition matters involving Iraqi government entities • Represent clients in joint venture and partnership disputes relating to real estate projects • Pursue and defending real estate fraud and misrepresentation claims • Advise on arbitration and alternative dispute resolution as options for resolving real estate disputes in Iraq • Provide pre-dispute legal risk assessments and strategic advice on managing real estate litigation exposure

Experience

  • Advise foreign investors on the structuring and acquisition of commercial real estate assets in Iraq
  • Support developers on land assembly, development approvals, and construction contracts for large-scale residential projects
  • Advise lenders on the financing and security structuring of commercial real estate developments in Iraq
  • Draft and negotiate joint venture agreements for mixed-use development projects between local and international partners
  • Represent clients in title disputes and ownership conflicts before the Iraqi courts
  • Advise on the leasing of office and retail space in Iraq’s major commercial centres
  • Support government-linked entities on PPP arrangements for urban development and housing projects in Iraq
  • Advise on the acquisition and disposal of hospitality and hotel assets in Iraq
  • Conducting real estate due diligence for corporate transactions involving Iraqi property assets
  • Advise on the restructuring of distressed real estate loans and enforcement of property security