Check encumbrances on the property (“etat des droits reels”)
Agency: Land Registry (“Guichet unique foncier”)
The statutory time for delivering the “etat des droits reels” is fixed at 5 days. However, in practice, it takes 7 calendar days. If there are any charges on the property, there is an additional FCFA 2000 for information on each such charge. In our case, there are no charges, and therefore only the basic price applies.
Time and cost: 7 days, XOF 5,000 (XOF 4.000 + XOF 1.000 (Stamp duty))
Notarize the sale agreement
Agency: Notary
In Burkina Faso, it is mandatory to notarize the sale contract, and a common practice to ask the notary to conduct the entire registration process on behalf of the parties.
Time and cost: 1 day, XOF 547,418.59
(Notary fee schedule on a sliding scale as follows:
- 1 – 2.500.000 FCFA = 7%
- 2.500.000 – 5 000 000 FCFA = 5%
- 5.000.001 – 10 000 000 FCFA = 3%
- above 10,000,000 = 1%)
Request and organize an inspection for valuation of the property at the GUF
Agency: Land Registry (“Guichet unique foncier”)
A team of surveyors from the GUF will visit the property, and determine a value for the property, according to the conditions of the property (floor type, roof, building materials, etc.). An evaluation report (Procès Verbal) will be drawn up by the evaluators of the GUF and will be recorded. Based on a table of values and the conditions of the property, the property value will be determined and will be registered in the GUF for taxation purposes (transfer and publication taxes). In practice, the visit and the assessment are done the day after the request. The problem arises at the level of the record of the evaluation report which takes more time. The statutory time to deliver the statement of valuation is fixed at 7 days. However, in practice, it takes 14 days.
Time and cost: 14 days, XOF 13,400 (XOF 6.000 (assessment of the property) + XOF 6.000 (valuation registration) + XOF 1.400 (Stamp duty))
Deposit deed of sale and pay transfer tax payment slip at Land registry
Agency: Land Registry (“Guichet unique foncier”)
The notary will pick up the Proces Verbal and then deposits the complete transfer file at the “Guichet Unique Foncier”, and receives the notice of the transfer tax amount to be paid at the tax agency. The transfer tax is calculated, and it’s given to the notary for payment. With the transfer tax payment slip, the transfer tax is paid. The transfer tax has been lowered from 10% to 8% of the property value by the “Loi des Finances 2008”. The Publishing cost (frais de publication) of 1.05% is also paid at the same time. It takes about two months for the Conservation Fonciere to change the name and issue a new title. The name is also changed on tax records so that the new buyer pays future property taxes.
Documents needed:
- Two copies of the Mutation request, the first stamped at 200 FCFA (stamp duty)
- Four copies of the notarized sale agreement
- Copy of the seller’s ID
- Copy of the buyer’s ID
- Copy of the Property Title
- Property’s evaluation report (obtained in procedure 3)
- Receipts of the residence tax for the last three years (both parties).
Time and cost: 45 days, XOF 1,789,338.27 (8% of purchase price (Transfer tax) + 1.05% (publication cost) + XOF 2.700 (Stamp Duties))
