Obtain building compliance certificate
Agency: Municipality, Ministry of Land
According to the Building Regulations amendments by the City of Windhoek (published on August 19, 2011 in Government Gazette 4779), a building compliance certificate must be obtained by the building owner before a property transfer. Upon application for the certificate, the Municipality will dispatch an expert to conduct an inspection of the building. The inspector will ensure that the concerned property complies with the provisions of the Local Authorities Act, the establishment, subdivision or consolidations conditions imposed in terms of the town planning scheme and the City’s Building Regulations. A rates and taxes clearance certificate will not be issued before the issuance of a building clearance certificate. The building inspector can issue a building certificate upon compliance. In the event of non-compliance, the inspector must instruct the owner to rectify the non-compliance, and, after proof of compliance, a building clearance certificate can be issued.
Time and cost: 21 days, NAD 500
Conveyancer collects required documentation and drafts the deed of transfer
Agency: Conveyancer
The conveyancer collects all the necessary documentation: For Companies: (i) Copies of Memorandum and Articles of Association, (ii) Certificate of Incorporation and any amendments to it, (iii) Certificate to commence business, CM 29, and (iv) Copies of authorized person’s ID, necessary resolutions for the ability to transfer or take transfer. A deed of sale signed by both parties is a statutory prerequisite for the sale of a property. These documents include a power of attorney to transfer, transfer duty application form, transfer duty declarations for both transferor and transferee, as well as statement of transfer cost with provisions for (i) stamp duties and (ii) transfer duties. Conveyance’s fees are calculated according to an official fixed scale depending on the purchase value of the property. Fees are ad valorem on a diminishing curve (from 25% to 0.01%).
Time and cost: 7 days, NAD 21,406.78
According to the fee schedule published on page number 17 in Government Gazette No. 3155 published on February 17, 2004. For property value over NAD 500,000 (the Doing Business case), the formula is:
NAD 6,000 for the first NAD 500,000 plus NAD 800 per NAD 100,000 or part thereof above that up to and including NAD 1,000,000
Whereafter the fee is NAD 400 per NAD 100,000 or part thereof up to and including NAD 5,000,000, whereafter the fee shall be NAD 200 per NAD 100,000 or part thereof.
Conveyancer conducts a Deed Search at the Deeds Office in Windhoek
Agency: Deeds Registry
A conveyancer conducts a search in the Deeds Office in Windhoek to obtain the correct description of the owner of the land and the property.
Time and cost: 3 days, NAD 100
Obtain up-to-date rate payment receipt as of the transaction date
Agency: Municipality
The conveyancer must inform the Municipality that there will be a transfer of a property 7 days in advance. As a normal rule, payment for utilities for 3 months is made in advance. The calculation is made based on the previous payment of the utilities. The conveyancer will pay it on behalf of the seller. This certificate is required to proceed with the transfer and states that rates and taxes to the applicable authority were fully paid. Proof of payment in the form of a clearance certificate must be obtained from the authority where the property is located.
Time and cost: 1 day, no charge
Parties sign the transfer deed at conveyancer’s office
Agency: Conveyancer
Parties sign the transfer deed at the conveyancer’s office
Time and cost: 1 day, included in Procedure 2
The conveyancer applies to the Receiver of Revenue for a transfer duty receipt
Agency: Receiver of Revenue
The purchasing company pays the transfer costs and the seller furnishes the conveyancer with the original title deed of the property. Once the draft deed is prepared, it is signed by the selling and purchasing parties (either owner or authorized representatives). The amount for transfer duties and stamp duties is paid to the conveyancer. If the property to be transferred includes commercial buildings, VAT (15%) is charged on the purchase price.
Transfer duty is a government tax which is payable on the value of the immovable property acquired. As of June 2010, the transfer duty when companies are involved was increased to 12%. Who is responsible to pay for the transfer duty and the stamp duty must be clearly stated in the deed of sale. If not clearly said, the seller must pay for the transfer duty. Stamp Duty is payable to the Receiver of Revenue on a deed of transfer. The conveyancer will deliver all documents to the Receiver of Revenue for processing. This office will check that the calculation of the transfer duty and stamp duty are accurate and will issue a receipt for the Transfer duty and another one for the Stamp duty. The conveyancer will collect both receipts to proceed to the registration.
Time and cost: 7 days, NAD 508,427.52
Based on the Transfer Duty Amendment Act no. 6 of 2013 and Stamp Duty Amendment Act no. 7 of 2013 (Government Gazette of the Republic of Namibia No 5208 and No 5209 respectively) following duties apply:
- Transfer Duty: 12 % of the said value or the said amount, if the person by whom the property is acquired or in whose favour or for whose benefit the said interest or restriction is renounced is a person other than a natural person.
- Stamp Duty: For a person (including a trust) other than a natural person – On the value or consideration for every NAD1,000 or part thereof: NAD 12
The conveyancer lodges the transfer deed at the Deeds Office
Agency: Deeds Registry
The conveyancer lodges the transfer deed with the Deed office. After the documents are examined and endorsed, the Registrar’s seal will be attached to the documents. Information will be entered in the land registry. Usually, it takes about 7 working days for all the checking. Once all checks are done, the conveyancer will be informed and sign the deed of transfer in the presence of the Registrar of Deeds.
Time and cost: 7 days, NAD 300
The deed of transfer is signed in the presence of the Registrar of Deeds and ownership of the property is transferred
Agency: Deeds Registry
Once the Deeds Registry completed reviewing the transfer deed, the conveyancer will be notified to appear and sign the final deed to be registered on behalf of the parties.
After the deed is signed, the Deeds Registry scans the document and stores the instrument in their records. Once the deed is included in the records, the conveyancer can either pick up or receive the registered deed by mail proving that the transaction has been finally registered.
Time and cost: 7 days, no charge
