The notary checks the Property Title at the Land Registry
Agency: Land Registry (Agence Nationale du Domaine et du Foncier – ANDF)
The seller brings the title or gives the number of the title to the notary. Notary carries out the verification of the property title with the Land Registry (l’Agence Nationale du Domaine et du Foncier – ANDF) by requesting the descriptive statement of the property (etats descriptif). The descriptive statement will include all useful information regarding the property and its history since its registration. It’s an important step to ensure that the seller is the rightful owner and that the property is not burdened.
Time and cost: 2 days, XOF 10,000
The sale agreement is signed and authenticated at the public notary
Agency: Notary
The parties involved in the transaction addresses the public notary to constitute the file of property transfer “mutation” (Art. 157 Code Foncier et Domanial du Bénin). The notary prepares the sale agreement that should be signed by the buyer and the seller in front of the notary. The notary authenticates the sale by affixing his signature.
Time and cost: 2 days, XOF 746,549.8
(Official Notary fee schedule, according to the property value, is as follows:
- 0 – 5.000,000 = 5.000,000 x 4,5%
- 5.000,001 – 20.000,000 = 15.000,000 x 3%
- 20.000.001 to 50.000.000 = 30.000.000 x 1,5%
- 50.000.001 and over = difference x 0,75%)
Registration of the sale deed at Tax Authority
Agency: Tax Authority (Service de l’Enregistrement)
Since July 2016, the registration service (Service de l’Enregistrement) is independent of the Land Registry (conservation foncière). During this procedure, the registration service verifies that the previous owner has paid all the property taxes, and the buyer can proceed with the registration of the property at the Land Registry. According to Loi 2016, July 14, 2016, the registration is currently at no cost and only stamp duties XOF 1200 per page needs to be paid.
According to the Art 315 (new article 1095 – 1) of the General Tax Code, all different registration procedures, including company registration, civil registration, and property registration need to be communicated to the Tax Authority.
Time and cost: 3 days, XOF 14,400 (Timbre fiscal of 1200 XOF per page is paid. It is assumed that deed is 4 pages and 3 copies are necessary, adding to a total of XOF 14,400.)
The buyer files for a transfer of title at the Land Registry
Agency: Land Registry (Agence Nationale du Domaine et du Foncier – ANDF)
The notary requests the final transfer of the title under the name of the new owner. This process at the Agence Nationale du Domain et du Foncier (ANDF) could take up to 4.5 months due to the heavy workload at the Institute Geographique National (ING).
The ANDF is currently working in different reforms that are expected to decrease the time for registration significantly. The reform agenda includes the implementation of the e-terre v2 system that will contain all digitalized cadastral plans and titles in Cotonou.
Time and cost: 13 days, XOF 74,309.96 (0.3% of the property value)
