Law and Practice
1. General
1.1 Main Sources of Law
Myanmar does not have a framework of legislation governing real estate.
Rights and obligations pertaining to real property (including transfer, sale or disposition) are therefore scattered in the provisions of various laws.
These laws include the following.
- Myanmar Constitution (2008) – the constitution provides that the state is the ultimate owner of all lands and natural resources in Myanmar.
- Transfer of Property Act (1882) – the TPA regulates the transfer of property (including immovable property) in Myanmar. It defines what constitutes transfer of property, the kind of properties that may be transferred, and the conditions necessary for transfer of property to be valid and enforceable. More particularly, the TPA sets out the rules in relation to the transfer, sale, mortgage and lease, gift or exchange of immovable properties.
- Land Acquisition Act (1894) – this Act provides a mechanism for the state and companies to acquire land compulsorily when necessary for a public purpose. Notably, the Land Acquisition, Resettlement and Rehabilitation Law (Pyidaungsu Hluttaw Law No 24/2019) has been passed by parliament to replace the Land Acquisition Act.
- Lower Burma Town and Village Lands Act (1889) – this governs the rights and obligations of a landholder in Lower Burma (which includes the Yangon region) and how a landholder may obtain or lose such rights and obligations.
- Upper Burma Land and Revenue Regulation (1889) – this governs the rights and obligations of a landholder in Upper Burma, particularly in relation to the payment of land revenue.
- Transfer of Immovable Property Restriction Act (1987) – the TIPRA provides a general prohibition on the transfer of immovable property to a foreigner or foreign-owned company (including by way of purchase, gift, mortgage, exchange or transfer). It likewise limits the term of leases of immovable property to foreigners or foreign companies. The TIPRA defines immovable property as “land and benefits arising out of land, buildings and things built or imbedded in the earth and other things attached to the building”.
- Farmland Law as amended (2020) – this law establishes a system of designation and registration of land classified as farmland. It defines the rights and obligations that a landholder may have over farmland.
- Vacant, Fallow and Virgin Lands Management Law (2012) – this regulates the use by Myanmar citizens, Myanmar state organs and joint venture investors of land that has never been tenanted (virgin land) or land that was previously tenanted but has since been abandoned (vacant and fallow land).
- Special Economic Zones Law (2012) – the SEZ Law regulates the use of land located in areas designated as special economic zones. Notably, the law allows a foreign investor in an economic zone to lease or use land for a period of up to 50 years, renewable for another period of up to 25 years.
- Myanmar Investment Law (2016) – this law (as amended) enshrines Myanmar’s foreign investment framework, including the various land-use rights that may be secured by foreign investors. The law provides that a foreign investor may enter into long-term land leases of up to 50 years if it obtains either a permit or an endorsement from the Myanmar Investment Commission (MIC).
- Condominium Law (2016) – this defines a “condominium” and allows foreigners to purchase and own up to 40% of the units therein.
In addition to the laws mentioned here, government agencies and ministries also issue subordinate legislation from time to time which may be applicable to real estate and real rights.
Comparisons | Global Practice Guides | Chambers and Partners
6.1 Types of Arrangements Allowing the Use of Real Estate for a Limited Period of Time Commercial leases are recognised in Myanmar. However, as mentioned, the TIPRA prohibits foreigners from leasing immovable property for a term exceeding one year, with th
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