Buying Off-Plan in Jamaica? Here Is What the Real Estate Board Requires Developers to Tell You

• REDDA requires all developers selling off-plan units to register their scheme with REB.
• Registered developers must provide buyers with a formal disclosure document before signing.
• Deposits paid to unregistered developers carry no statutory buyer protection.
• REB’s public register confirms which development schemes are currently registered.
• Over 150 stalled schemes highlight the importance of developer due diligence before deposit.
• Buyers can file complaints with REB if a registered developer breaches disclosure obligations.

Buying a property that has not yet been built — an off-plan purchase — is common in Jamaica’s housing market. Developers selling townhouses, apartments, or housing lots before construction is complete routinely collect deposits and stage payments from buyers who are purchasing based on plans and promises rather than a completed product. This makes the regulatory framework governing developers critically important: a buyer who pays a deposit to an unregistered developer has very limited statutory protection if the project stalls, is cancelled, or the developer disappears.

The Real Estate (Dealers and Developers) Act requires any person or company that develops real estate for sale — including off-plan sales — to hold a current developer’s licence issued by the Real Estate Board. The developer must also register each individual development scheme with the REB before marketing units to the public. Only once the scheme is registered may the developer legally take deposits or stage payments from buyers.

The Disclosure Document

A registered developer is required to provide every prospective buyer with a formal disclosure document before any agreement is signed or any money changes hands. This document must set out, among other things: the developer’s name and registration details; a description of the development scheme; the estimated completion date; the terms on which the buyer’s deposit will be held; and the conditions under which the agreement may be terminated and the deposit refunded.

The disclosure document is not a formality. It is the primary legal instrument establishing the buyer’s rights in the transaction. A buyer who has not been given a disclosure document, or who is presented with one that does not contain all required information, should treat this as a significant red flag and seek independent legal advice before proceeding.

Checking Developer Registration

The REB maintains a register of all currently licensed developers and registered development schemes, searchable through its website at reb.gov.jm. Before signing any agreement or paying any deposit for an off-plan purchase, buyers should confirm that the developer holds a current licence and that the specific scheme being marketed is registered with the Board. A development that is being marketed but does not appear in the REB’s scheme register has not met the minimum statutory requirement for off-plan sales.

The importance of this check was underlined by the REB’s recent announcement that it was pursuing prosecution action against more than 150 housing developments that had stalled or failed to meet their regulatory obligations. Buyers who paid deposits into those projects may face lengthy delays or losses. The lesson is straightforward: verify registration before paying anything, not after a problem arises.

What to Do If Something Goes Wrong

A buyer who has a complaint against a registered developer — whether for failure to provide the disclosure document, misrepresentation about the development, non-refund of a deposit, or any other breach of the REDDA — can file a formal complaint with the Real Estate Board. The Board has the power to investigate, to discipline or revoke the developer’s licence, and to refer matters to law enforcement. Complaints can be submitted through the Board’s office or its website at reb.gov.jm. Buyers should also consult an attorney, particularly if significant sums are involved, as civil remedies may be available in addition to the Board’s regulatory process.

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