Conduct a title search at the Registrar of Properties
Agency: Registrar of Property (Conservateur des Titres Immobiliers)
Parties conduct a search title to verify the history of the property, the validity of the title and the right owners. Encumbrances are written on the back of the title at the “Conservateur des Titres Immobiliers”, and the legality/authenticity of the title is also checked during this process.
Within the Ministry of Land Affairs (Ministère des affaires Foncières), there are two divisions: one responsible for the cadastre and the other for registration (Les titres immobiliers). The cadastre being technical service deals with the inventory of properties and it’s integrated by surveyors, draftsman, and real estate experts. The registration office deal with the transfer of titles and their preservation.
To be confident of the results obtained, it is necessary to ensure this verification within these two divisions because it happens that the contents of the files held by these two divisions for a real estate property are different.
There are a lot of fakes property titles in DRC, making this an essential step previous to the property transaction.
Time and cost: 2 days, USD 15
Sign the sales agreement with a lawyer
Agency: Lawyer
While there is no obligation by law to hire the services of a lawyer to prepare the sales agreement, it is common practice for companies (as in the Doing Business case study) to employ such services. The lawyer would generally be in charge of collecting the necessary documents to prepare the sales agreement and present the file to the Land Registry (Conservation des titres immobiliers.).
The transfer file of a commercial building must contain the following elements:
- Letter of transfer request addressed to the Property Registrar;
- The original seller’s registration certificate;
- Three original copies of the deed of sale notarized;
- The legalized power of attorney;
- Photocopy of identity documents;
- Certified copy in accordance with the final judgment (if applicable)
- Original of the certificate of non-appeal;
- Original of the certificate of non-opposition (if applicable)
Time and cost: 2 days, USD 1,225 (5% of the property value)
Sale deed authenticated by the Property Registrar and application made for replacement of registration certificate
Agency: Registrar of Property (Conservateur des Titres Immobiliers)
The parties present the sale agreement to the Registrar (Conservateur) acting as a notary, for its authentication. Simultaneously the parties apply for replacement of the registration certificate at the Registry Office. The buyer submits both the registration certificate and the concession certificate to the “Conservateur des Titres Immobiliers” (Registry Office) to check their validity.
Since 1973, the law has allowed for the Registrar to act as a notary for the specific purpose of registering property titles, being standard in practice. The Conservateur will establish a “Note de Frais” which the buyer must give to the DGRAD agent located in the Registry. The Agent will establish a “Note de perception” to be paid at the bank.
Also, pictures of all parties involved in the transaction (buyer, seller, lawyers, and witnesses) are taken at the Land Registry.
Time and cost: 7 days, USD 260 ($ 80 – $120 – a photograph of the seller and buyer. $100 notarized sale agreement, $ 60 new property title)
A land surveyor from the cadastre inspects and values the property and prepares the cadastral plan
Agency: Cadastre – Registry Office (Conservateur)
The cadastre being a technical service deals with the inventory of properties and is composed of surveyors, draftsman, surveyor engineer, and real estate experts. Once the Registry Office has verified that all taxes are paid, it will transfer the file to the Cadastre. The role of the Cadastre is to confirm that the property is correctly described, determine its value and prepare the cadastral extract. The land surveyor designated by the Cadastre, will inspect the property to assess its value, measure its limits and prepare the cadastral plan. The Cadastre checks that the parcel is correctly described and that taxes have been paid on the correct value of the property. After this process is completed, the Cadastre returns the new file to the Registry office.
The Registry office will then prepare the new certificate with the name of the buyer (new owner) including information from the report prepared by the surveyor and information provided by the parties.
Time and cost: 7 days, USD 75 ($50 – $100 (paid to the surveyor; including surveying fees and expenses))
An order of payment for state taxes is issued by the tax agent (DGRAD)
Agency: General Direction of Administrative and Judicial Revenues (Direction générale des recettes administratives, judiciaires, domaniales et de participations, DGRAD)
The Direction Générale des Recettes Administratives, Judiciares, Domaniales et de Participation (DGRAJ, General Direction of Administrative and Judicial Revenues) will prepare the official form order to pay the state rights in a commercial bank.
Time and cost: 3 days, no charge
The state fees are paid at a commercial bank
Agency: Commercial Bank
Payment for all fees is made at a commercial bank. A receipt is obtained. This receipt must be deposited at the accounting department of the DGRAD and copy delivered to the Registrar as proof of payment.
Transfer fees are determined by the Arreté Interministériel n°18/CAB/MIN.AFF.FONC/2016 et n°156/CAB/MIN/FINANCES/2016.
Time and cost: 1 day, USD 735 (3% of the property value for the registration fee)
A new registration certificate in the name of the buyer is issued
Agency: Registrar of Property (Conservateur des Titres Immobiliers)
The Registrar will ask for payment of any additional taxes, if applicable. Once these are paid, the Registrar nullifies the old title deed (Certificat d’Enregistrement) in the name of the seller and issues a new title deed in the name of the buyer. It serves as the buyer’s new ownership entitlement.
Time and cost: 14 days, no charge
Submit the registration certificate to be digitized at Congo Check
Agency: Congo Check Sarl
Since August 2016 it is required for the owner to submit the updated registration certificate for computerization of the records (scanned documents). Once the transfer is completed at the Registrar, the new owner proceeds to Congo Check to deposit the required documents. As a result, Congo check will produce a certificate of registration including the information on the property and its owner.
Time and cost: 2 days, USD 170 ($90 – $250 for a commercial-industrial 2-story building depending the location in the Commune of Kinshasa)
