Under the Real Estate (Dealers and Developers) Act, anyone who builds homes or subdivides land for sale, and takes buyers’ money before the lots or units are finished, is regulated as a developer. A registered developer is one whose name and development scheme have been entered on the Real Estate Board’s register. Registration is the main legal protection Jamaican off-plan buyers have, because it brings the purchasers’ deposits under trust account rules and Board supervision.
When registration is needed
Registration applies to development schemes sold through prepayment contracts, where a purchaser pays before completion. The Board’s guidance has long said that a scheme of more than five lots or units must be registered, as must any scheme by a developer who has recently completed another one. A developer should not advertise the scheme or accept deposits until it is registered. The Board does not approve the design itself; planning and building approval comes from the local municipal corporation and other agencies.
Registering a development with the Real Estate Board
The developer applies to the Board with a fee and a package of information, typically including:
- planning and building approvals with the approved plans;
- proof of ownership of the land, such as the registered title;
- company documents if the developer is incorporated;
- the number, type and proposed prices of units or lots and the payment plan;
- the estimated cost, financing arrangements and projected start and completion dates;
- a copy of the prepayment contract to be used with buyers.
Once registered, the developer must open a separate trust account for that scheme at an approved financial institution, report deposits received and register a charge in favour of the Board on the title before drawing money out. Withdrawals are allowed only for limited purposes, chiefly reimbursement of work actually done. Advertisements must state who approved the scheme and where plans can be inspected. Board inspectors monitor progress, and both developer and development registrations need to be kept current.
Why buyers should check
The Board publishes registered developers and developments online, and it has pursued developers whose schemes run well past their completion dates. Before paying a deposit on an off-plan home, confirm that both the developer and that specific development appear on the register, and that your money is going to the scheme’s trust account rather than a general company account.
Related terms: Developer, Unregistered developers, Real Estate Board, Purchaser’s Deposit Protection, Prepayment contracts, Real Estate (Dealers and Developers) Act.
Accurate as at October 2026.
