Search for encumbrances at the Land Registry
Agency: Land Registry
Parties conduct a title search at the Deeds Registry to check for encumbrances of the property. The search can be done either by title number (faster) or by plot number (slower). Malawi has two systems of land title registration; one under the Registered Land Act and the other under the Deeds Registration Act. If it is a search for one property, it takes less than 15 minutes in the Title Registry, but it may take longer in the Deeds Registry because of cross-referencing. An official search certificate can be issued if the parties request one. The search certificate provides details of all subsisting entries in the register of the property at the date of the search.
Time and cost: 1 day, MWK 5,000
Obtain a city rates clearance certificate
Agency: Blantyre City Council
A letter is sent to the City Assembly to obtain a city rates clearance certificate. The parties search for unpaid city taxes on the property at the Municipality. The system is computerized. When the rate payer’s details are entered in the system, the account shows all outstanding taxes. The users can also call to obtain the basic information, but this information cannot be used for official purposes. A written certificate is required to be signed by the Chief Executive.
Time and cost: 2 days, MWK 20,000
Apply for consent to transfer the property at the Commissioner of Land
Agency: Commissioner of Land
On September 1, 2016, Malawi adopted the Land Act N 16 of 2016 delegating the authority for providing the consent for transferring property from the Ministry of Lands to the local government authorities, Commissioner for Lands (including Regional Commissioners) and the corresponding subordinate or authorized officer. The process starts with an application to the Regional Commissioner for Lands. The request is also sent to the Anti-Corruption Bureau for clearance.
Time and cost: 30 days, MWK 5,000
Obtain a tax clearance certificate from the Malawi Revenue Authority
Agency: Malawi Revenue Authority
Parties apply for a Tax Clearance Certificate from the Malawi Revenue Authority.
The following documents must be provided to the Authority:
- Original Title Deed
- Sale-purchase agreement
- An evaluation report from a certified evaluator
Time and cost: 7 days, no charge
Stamping of the conveyance deed at the Registrar General’s office
Agency: Registrar General’s office
The deed is taken for stamping at the Registrar General’s office. If it is submitted in person, it will take 1 day. If it is done by mail, it will take 1 month.
Time and cost: 1 daym, MWK 214,113.98 (1.5% of property value)
Apply for registration at the Deeds Registry
Agency: Deeds Registry
The parties take all the documents for registration at the Deeds Registry. The Registry will issue a title deed under the name of the buyer.
The documentation shall include:
- City rates clearance certificate (obtained in Procedure 2)
- Tax clearance certificate (obtained in Procedure 4)
- Stamped deed (obtained in Procedure 5)
Time and cost: 7 days, MWK 5,000
