Real Estate & Construction
Real Estate & Construction in Iraq
Etihad Law Firm advises developers, investors, contractors, financiers, and public authorities across the full spectrum of real estate and construction matters in Iraq. From large-scale infrastructure and housing developments to commercial property transactions and construction disputes, our team provides the legal expertise that enables clients to structure, execute, and protect their interests in one of the region’s most active and consequential real estate markets.
Iraq’s real estate and construction sector presents significant opportunity and significant legal complexity. Sustained demand for housing, commercial space, and public infrastructure, combined with growing engagement from international developers and investors, has created a market of considerable scale and ambition. Our role is to ensure that our clients are positioned to capture that opportunity with clarity, confidence, and full legal protection at every stage.
Core Services
Property Acquisition and Title Due Diligence We advise clients on the acquisition of real property in Iraq, conducting thorough title due diligence to identify ownership history, encumbrances, registration irregularities, and legal risks associated with the target property. Iraq’s property registration system presents particular challenges including gaps in historical records and competing ownership claims arising from displacement and confiscation during prior decades and our team has the experience to navigate these complexities and provide clients with reliable, actionable assessments of title risk.
Investment Structuring for Foreign Investors Foreign investors seeking to participate in Iraq’s real estate market must operate within a legal framework that restricts direct property ownership by non-Iraqi nationals. We advise international developers, funds, and corporate investors on structuring their real estate investments in compliance with the National Investment Law No. 13 of 2006 and applicable regulations, including the use of long-term usufruct rights, joint venture arrangements with Iraqi partners, and investment licences issued by the National Investment Commission or provincial investment commissions. We work to ensure that investment structures are both legally sound and commercially effective.
National Investment Commission Approvals and Licensing We assist developers and investors in obtaining investment licences and project approvals from the National Investment Commission and relevant provincial bodies. Our team manages the full regulatory submission process from initial eligibility assessment through preparation of project documentation, regulatory engagement, and final approval and advises clients on the conditions attached to their licences and how to maintain compliance throughout the project lifecycle.
Real Estate Development and Project Documentation We advise developers on the legal documentation required to structure and execute real estate development projects in Iraq, including land agreements, development agreements, joint venture structures, financing arrangements, and off-plan sale documentation. We work closely with our clients’ commercial and technical teams to ensure that project documentation is complete, enforceable, and appropriately reflective of the risk allocation agreed between the parties.
Construction Contracts and Procurement We draft and negotiate construction contracts across a range of standard and bespoke formats, advising both employers and contractors on the terms of their agreements. Our team has experience with FIDIC-based contracts adapted for the Iraqi market, government procurement frameworks, design-and-build arrangements, engineering, procurement and construction contracts, and subcontracting structures. We advise on risk allocation, performance security, payment mechanisms, variation procedures, delay provisions, and all other key contractual terms that determine how a construction project is managed and how disputes are resolved if they arise.
Real Estate Finance We advise lenders and borrowers on the financing of real estate and construction projects in Iraq, including the structuring of mortgage security, the preparation of facility and security documentation, and compliance with Central Bank of Iraq requirements applicable to real estate lending. We work alongside our banking and finance team to deliver integrated advice on transactions where real estate and financial law intersect.
Landlord and Tenant We advise landlords and tenants on commercial leasing arrangements, including the negotiation and drafting of lease agreements for office, retail, industrial, and mixed-use properties. Our team advises on rent review mechanisms, service charge structures, break rights, assignment and subletting provisions, and the legal framework governing landlord and tenant relationships under Iraqi law.
Construction Disputes and Claims Construction projects in Iraq as elsewhere give rise to a range of disputes, including delay and disruption claims, defects liability disputes, payment disputes, variation disagreements, and termination-related claims. We represent contractors, employers, subcontractors, and insurers in construction disputes across all stages from early-stage claims management and negotiation through expert determination, arbitration, and litigation before Iraqi courts. Our team understands construction claims from both a legal and technical perspective, enabling us to provide advice that is grounded in the realities of how projects are built and how losses arise.
Real Estate Litigation and Enforcement We represent clients in real estate disputes before Iraqi courts, including title disputes, boundary and encroachment claims, enforcement of purchase agreements, and claims arising from defective or incomplete transactions. Where urgent relief is required including injunctions to prevent unlawful dealing with property, we act quickly and decisively to protect our clients’ interests
Why Etihad Law Firm
We have advised on some of the most significant real estate and construction mandates in the Iraqi market, working alongside international investors, major contractors, financial institutions, and government entities. Our lawyers are experienced in the full range of legal instruments and regulatory processes that govern property and construction in Iraq, and we maintain strong working relationships with the National Investment Commission, provincial investment authorities, and the relevant courts and enforcement bodies.
We are trusted by our clients because we understand their objectives, we know the environment in which they operate, and we deliver advice that enables them to move forward with confidence. Whether you are structuring a major development project, acquiring commercial property, negotiating a complex construction contract, or managing a dispute on a live project, Etihad Law Firm has the expertise and the commitment to support you at every stage.