The lawyer conducts a deeds search
Agency: Land Registry
Lawyers conduct a deed search to check for encumbrances on the property as part of their due diligence before drafting the deed of transfer. The title search is done at the Land Registry.
Time and cost: 1 day, LSL 10 (LSL 10 (deeds search fee); The lawyer’s fee is included in the procedure 3)
Obtain the consent to transfer at the LAA
Agency: Land Administration Authority – Leases Office
Both the transferor and the transferee present themselves with their government IDs before the Lease office to obtain a consent to transfer.
In the case of a company, the memorandum and the articles of association must be presented.
When the consent to transfer has been signed, the Land Administration Authority (LAA) prepares an application form which is attached to the deed of transfer. The application is addressed to the Director General of the LAA who signs the consent for land transactions according to Section 12 (1) (a) (ii) of the Lands Act of 2010.
Time and cost: 14 days, LSL 50 (LSL 50 (Consent application))
Prepare the deed of transfer
Agency: Lawyer’s office
The deed of sale (sale and purchase agreement) constitutes a private agreement between the contracting parties (seller and buyer) and is prepared by a lawyer. The deed of transfer is prepared for registration purposes according to the Deeds Registry Act of 1967. A lawyer lodges the deed of transfer to the Land Registry for the registration.
Time and cost: 7 days, LSL 12,000 (Lawyer’s fee (the conveyancing fee and the fee for preparing a sale and purchase agreement))
Lodge the deed at the Land Registry
Agency: Land Registry
The lawyer lodges the deed of transfer together with the lease and the consent to transfer at the Land Registry for the examination of compliance with the provisions of the Deeds Registry Act No. 12 of 1967.
The registration fee, the stamp duty and the transfer duty are paid at the Land Registry. The parties collect the original transfer deed, and one copy is left at the Land Registry.
Time and cost: 21 days, LSL 68,812.96
- LSL 50 (registration fee); plus
- Transfer Duty: 3% on first 10,000 + 4% on the remaining amount; plus
- Stamp Duty: 1% on first 7,000+ 3% on the remaining amount.