Non-Egyptians (including companies in which Egyptians do not own the majority of its capital) are allowed to own real estate (vacant or built) under the following conditions: i) Ownership is limited to two real estate properties in Egypt that serve as accommodation for the owner and his family (spouses and minors) in addition to the right to own real estate needed for activities licensed by the Egyptian Government; ii) The area of each real estate property does not exceed 4,000 m²; iii) The real estate is not considered a historical site. Exemption from first and second conditions is possible subject to the approval of the Prime Minister. Ownership in tourist areas and new communities is subject to conditions established by the Cabinet of Ministers. Furthermore, non-Egyptians owning vacant real estate in Egypt must build within a period of five years from the date their ownership is registered by a notary public. Non-Egyptians may only sell their real estate five years after registration of ownership, unless the consent of the Prime Minister for an exemption is obtained.
Foreign investors (including companies with minority foreign shareholding) are, however, not entitled to acquire land and real estate for business purposes in the Sinai peninsula (Decree-Law 14 of 2012), border land zones, islands in the Red and Mediterranean seas and other areas designated by a Prime Ministerial decree (No.350 of 2007). Similarly, by virtue of the Law No. 15 of 1963, foreign ownership of agricultural land is prohibited (see sectoral entry - Agriculture). Law No. 143 of 1981 also places limits on the ownership of desert land, which the Law defines broadly as all territory two kilometres outside city borders. Partnerships and joint stock companies can own desert land up to 42 km2 (10 000 feddans) and 210 km2 (50 000 feddans) respectively, if Egyptian nationals own at least 51% of the capital. Under the Law, being a tenant under a lease with a term of more than 50 years is also considered as ownership (idem).
"Article 1
Without prejudice to the actions that took place prior to the date of enforcement of the aforementioned Law No. 94 of 2005, companies and establishments have the right to own the lands and real estate necessary to carry out or expand their activity, regardless of the nationality of the partners or shareholders, their place of residence, or the percentage of their participation or contribution in its capital, with the exception of lands and real estate. specified in Articles Two and Three.
Article 2
Companies and establishments may not own or have the right to use lands and real estate located in the following areas:
- Strategic areas of military importance defined by Presidential Decree No. 152 of 2001 in accordance with the aforementioned Law No. 7 of 1991.
- The areas adjacent to securing the international borders of the Arab Republic of Egypt:
(A) The western borders in accordance with Presidential Decree No. 560 of 1986.
(B) The southern border in accordance with Presidential Decree No. 413 of 1988.
(C) The eastern borders in accordance with Presidential Decree No. 298 of 1995.
- The islands located in the Red Sea and the Mediterranean Sea.
- Archaeological areas and their security areas.
- Natural Reserves .
- The sanctuary of the Red Sea, the Mediterranean and the Suez Canal in accordance with the aforementioned Environmental Law No. 4 of 1994.
- Roads of all kinds and these roads are prohibited in accordance with the aforementioned Roads Law No. 84 of 1968.
Article 3
Companies and establishments are not allowed to own any lands or real estate in the Sinai Peninsula, including the lands located in it and which fall within the geographical space of the governorates of Suez, Ismailia and Port Said.
Article 4
With the exception of the lands stipulated in Article Two, companies and establishments may exploit the lands and real estate located in the Sinai Peninsula by usufruct only and under the following conditions:
1- Concluding a usufruct contract for a limited period of one to 99 years with the authority that has jurisdiction over the land according to the nature of each activity, and this period may be renewed for similar periods by agreement.
2- Obtaining, before allocating the land or concluding the usufruct contract, the necessary approvals from (Ministry of Defense - Ministry of Interior - National Security Authority - the competent governorate).
3- Buildings and facilities erected on the land granted under the usufruct right at the end of its term shall be transferred to the original owner of the land.[...]" (Prime Minister's Decision No. 350 of 2007: Concerning the Right of Companies and Establishments to Own the Land and Real Estate Necessary to Commence or Expand their Activities [google translation])
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"Article 1
In applying the provisions of this Decree-Law, the following terms shall mean the definition shown next to each of them:
1- Sinai Peninsula :
It is the entire governorates of North and South Sinai and the areas located within the administrative borders of the governorates of Suez, Ismailia and Port Said.
2- Region :
The Sinai Peninsula area, the islands within its territorial waters, the continental extension area, the special economic zone, and the adjacent areas to be specified by a decision of the Minister of Defense.
[...]
Article 2
Ownership of lands and real estate built in the zone shall be for natural persons of Egyptian nationality alone, without any other nationalities, and of Egyptian parents, and for Egyptian legal persons whose capital is entirely owned by Egyptians. It is up to the court to rule it out on its own.
If any property (land or real estate) in the area devolved to non-Egyptians by legal inheritance, will or gift, the heirs, bequeathed or donated to them must do the following:
Relinquishing the right of the neck to these notables, and retaining the right of usufruct, whether for themselves or for non-Egyptians, while retaining the ownership of the facilities erected below the land.
Or the disposal of those notables for Egyptians who hold the Egyptian nationality alone and not from any other nationalities and from Egyptian parents.
And all of that within a maximum period of six months from the date of death, will or gift, otherwise the ownership of these objects will be transferred to the state at the same price. [...]
However, the Board of Directors may, for reasons it deems appropriate, after approval of the Ministries of Defense, Interior and General Intelligence, approve the following :
Owning the facilities built only for natural and legal persons of dual Egyptians and non-Egyptians in the area without the land on which it is built.
Determining the usufruct of non-Egyptians in units for the purpose of residing therein in the region for a maximum period of 50 years.
[...]
Article 3
The right of usufruct does not arise pursuant to that decision by law on lands and real estate except in accordance with contracts concluded for this purpose, provided that those contracts include the rules and conditions governing that use, in particular the following :
1- The period of the usufruct right should be up to 50 years according to the nature of each activity, and this period may be renewed for other periods so that the total period of the usufruct does not exceed 75 years, after the approval of the board of directors, provided that the usufruct term expires in any of the following cases:
(A) The termination of the legal entity of the usufruct right for any reason.
(B) The death of the beneficiary.
(C) Expiry of the usufruct period without renewal.
(D) The expiry of the total period of the usufruct right up to (75 years). [...]
5- The Egyptians and the companies stipulated in this Law by Decree may have the right to use the lands and real estate built in the area.
6- The exploitation of lands and real estate built by natural and legal persons, Egyptians and foreigners, in the development areas shall be under the usufruct system, without any other original rights in kind.
And every action or disposal of the right of usufruct in violation of the previous provisions shall be null and void, and it is not permissible to declare either of them, and any interested party may hold to the invalidity or request a ruling on it, and the court shall rule on it on its own.[...]" (Decree-Law No. 14 of 2012 on the integrated development in the Sinai Peninsula, as amended [google translation])
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"Article 1
Without prejudice to the provisions of the Investment Law promulgated by Law 230 of 1989, ownership by non-Egyptians, whether natural or legal persons, of built real estate or vacant lands in the Arab Republic of Egypt - whatever the reason for acquiring ownership other than inheritance - is in accordance with the provisions of this law.
Ownership, within the scope of the provisions of this law, means full ownership, ownership of the neck and usufruct rights. [...]
In the application of the provisions of this law, a non-Egyptian company is considered any company - whatever its legal form - that Egyptians do not own the majority of its capital, even if it was established in Egypt in accordance with the provisions of the Egyptian law.
Article 2
A non-Egyptian may own real estate, whether built or vacant, under the following conditions:
1- The ownership of at most two real estate in all parts of the Republic for the purpose of private housing for him and his family, without prejudice to the right to own real estate necessary for the conduct of the private activity licensed by the competent Egyptian authorities
2 - The area of ​​each real estate shall not exceed four thousand square meters.
3 - The real estate should not be considered an antiquity in the application of the provisions of the Antiquities Protection Law, and the Prime Minister may make an exception from the two conditions mentioned in Clauses (1 and 2) of this article in the cases he deems appropriate.
The Council of Ministers may set conditions and rules for ownership in tourist areas and urban communities to be determined by it.
[...]
Article 4
A non-Egyptian who has acquired the ownership of vacant land by applying the provisions of this law must start building on it within a period not exceeding the five years following the month of disposal. Building .
Article 5
A non-Egyptian who has acquired ownership of a real estate in accordance with the provisions of this law may not dispose of it in any manner of actions transferring ownership before the lapse of five years from the date of acquiring the ownership.
However, the Prime Minister may, in the cases he deems fit, give permission to dispose of the property before the lapse of this period. [...]"(Law No. 230 of 1996: regulating non-Egyptian ownership of built real estate and vacant lands [google translation])
Prime Ministerial decree Regulating enterprises' ownership to lands and real estates (No. 350 of 2007), implementing Law No. 94 of 2005
Decree Law No. 14 of 2012 on the integrated development in the Sinai Peninsula, as amended [google translation]
Law No. 230 of 1996: regulating non-Egyptian ownership of built real estate and vacant lands [google translation]
[<a href="https://urbanlex.unhabitat.org/law/430">Decree</a>],[<a href="https://elpai.idsc.gov.eg/Legislations/Item/259688">Decree-Law</a>],[<a href="https://elpai.idsc.gov.eg/Legislations/Item/210759">Law</a>],[<a href="https://www.gafi.gov.eg/English/StartaBusiness/Laws-and-Regulations/Documents/LandandRealEstateOwnershipLaws.pdf">Other</a>],[<a href="https://www.bakermckenzie.com/-/media/files/insight/publications/2016/03/bk_egypt_dbi_2016.pdf?la=en">Other</a>]