Obtain a non-encumbrances certificate at the Land Registry
Agency: Land Registry (Division de la Fiscalité et de la Conservation Fonciere)
The buyer should perform due diligence at the Land Registry before entering into a sale agreement with the owner of the property. The information is commonly obtained by requesting a non-encumbrance certificate (certificat d’état droits réels)The buyer will be able to check all useful information regarding the property and its history since its registration. More importantly, the buyer will know whether the title is encumbered with mortgages or liens. The buyer and the seller would typically use a Notary to carry out this search. It is now mandatory to provide the original copy of the title and no longer a copy.
Time and cost: 2 days, XOF 13,000 (XOF 10,000 for the certificate (Art. 837.4 General Tax Code) plus two stamp duties of XOF 1,500 each (Art. 601 General Tax Code))
A notary drafts the sale and purchase agreement and notarizes it
Agency: Notary
The law requires that the sale agreement be notarized. The notary first verifies the origin of ownership and the authenticity of the title deed before proceeding to the drafting stage of the deed of sale. The notary will draft a preliminary sale and purchase agreement and will take the parties’ final observations. The parties will sign the sale and purchase agreement, and the notary will notarize it.
Time and cost: 3 days, XOF 199,760.5
According to Decree No. 2017/283 the Notary fee is calculated with regressive fee schedule depending on the value of the property:
- From 1 to 3,000,000 CFA: 60,000 CFA
- From 3,000,001 to 10,000,000 CFA: From 60,001 to 180,000 CFA
- From 10,000,001 to 30,000,000 CFA: From 180,001 to 300,000 CFA
- From 30,000,001 to 60,000,000 CFA: From 300,001 to 600,000 CFA
- From 60,000,001 to 200,000,000 CFA: From 600,001 to 1,000,000 CFA
- More than 200,000,001 CFA: 0.5% of the Property Value
Register the deed with the Tax Authorities
Agency: Tax Authorities (La Recette des impôts de la Direction de la Fiscalité Foncière et Cadastrale)
The deed should be registered with the Tax Authority (La Recette des impôts de la Direction de la Fiscalité Foncière et Cadastrale). The Tax Authority has discretion over the declared price and may exercise the pre-emption right of the State (Art. 503, 504, 505 of the general tax code). The procedure is done promptly in just one day, at the tax authority location. The law sets a maximum period of one (1) month for the parties to complete the registration formalities after the signature.
Time and cost: 1 day, XOF 607,000 (XOF 600,000 + Stamp Duty: XOF 1,500 per page [assume 4 pages] + XOF 1,000)
As per Art. 839 of the General Fiscal Code, the property transfer tax applicable to merged procedures (formalité fusionnée) follows the following scale:
- Until 5,000,000 XOF: 200,000 XOF
- Between 5,000,001 and 10,000,000 XOF: 350,000 XOF
- Between 10,000,001 and 20,000,000 XOF: 600,000 XOF
- Between 20,000,001 and 30,000,000 XOF: 1,000,000 XOF
- Above 30,000,000 XOF: 1,500,000 XOF
Transfer of the property title with the Land Registry
Agency: Land Registry (Division de la Fiscalité et de la Conservation Fonciere)
The notary takes the deed to the Land Registry and files a request of transfer of property. The Land Registry, after due diligence, conducts the final transfer of the property to the buyer by changing the name in the land files. An additional slip (“bordereau analytique”) including the name of the new owner and all the mentions of the deed of sale will be inserted to the property title and given to the buyer. Cadastre is now asking for the original property title (of the Seller), it no longer accepts certified copies, the original must be presented, and is returned to Owner that same day, Cadastre wants to assure it is not a forged title.
Time and cost: 7 days, included in Procedure 3
