Obtain a Location Certificate
Agency: A certified land surveyor
The notary must request a “certificat de localisation,” which is generated by a government certified surveyor. The certificate will denote the information included on the title, land survey data, and a description of the status of the parcel. After 2015 it is not mandatory to obtain this certificate, however in practice Notaries still request it to be certain of the object of the transaction.
Time and cost: 7 days, XOF 100,000 (+ VAT (18%) – not included in calculation)
The notary solicits the real estate rights record before the Services de la Conservation Foncière
Agency: Land Registry (Conservation de la Propriété Foncière et des Hypothèques )
The notary will usually perform the entire process on behalf of the parties. In this regard, he will firstly check online the property title “livre foncier” to understand which actions are required prior to drafting the sale and purchase deed. The online information is for informative purposes, but it does not have legal validity as it is not signed or certified by the Land Registry.
At the same time, the Notary will request a certificate noting the status of rights that affect the property object of the transaction which is delivered in paper format.
Time and cost: 5 days, XOF 760,077.01 (3,000 XOF + notary fees)
Notary fees are determined on a sliding scale as follows:
- 3% for the value between XOF 0 and XOF 10,000,000
- 1.5% for the value between XOF 10,000,000 and XOF 30,000,000
- 1% for the value between XOF 30,000,000 and XOF 90,000,000
- 0.5% for the value above XOF 90,000,000.
The notary obtains a tax clearance
Agency: Tax Authority
The notary should obtain a tax clearance on the property stating that all property taxes related to it have been paid. He can execute the contract on behalf of the parties without the clearance, but must obtain it within one month.
After the Loi des Finances of 2017 became effective, it is free to obtain any tax related information from the General Directorate of Taxes.
Time and cost: 3 days, no charge
Prepare sale deed
Agency: Notary
The notary prepares the sale and purchase deed that both parties will sign.
Time and cost: 2 days, Included in Procedure No. 2
Pay all the registration fees and register the transfer
Agency: Administration de la Conservation Foncière et du Cadastre
The notary files the sale and purchase deed to the Land Registry and pays the registration fee (4% of the property value, plus 0.4% for the salary of the Registrar and 0.8% for the territorial budget).
Time and cost: 30 days, XOF 2,394,800.46
- Registration tax of 4% of the property value (proportional registration fees)
- 3% for Capital Gains Tax (not included in calculation and paid by the Vendor) and transfer fees of 15,000 XOF (new property certificate)
- 1.2% (0.8% general service tax 0.4% salary of the “conservateurs”)
- 3,000 XOF (2,000 FCFA clerk’s fee + 1,000 XOF photocopy fee)
