Obtain a non-encumbrance certificate from the Land Registry
Agency: Land Registry (“Conservation Foncière”)
The certificate on the status of property rights affecting a property (certificat d’État de Droits Réels et Charges) helps to identify any pending encumbrances still linked to the property being transferred. It also verifies the integrity of the vendor’s ownership.
Time and cost: 5 days, XOF 500
Promissory agreement drafted and executed by the notary
Agency: Notary
It is standard practice that the notary drafts the sale and purchase agreement between the parties. Then they sign it in his presence and he notarizes it.
Time and cost: 4 days, XOF 500,000
Official notary fee schedule:
- Under XOF 40,000,000: flat fee of XOF 500,000;
- From XOF 40,000,000 to XOF 80,000,000: 3% of the property value;
- From XOF 80,000,000 to XOF 300,000,000: 1.5% of the property value;
- Over XOF 300,000,000: 0.75% of the property value.
Request is filed at the Director of Taxes and Property to acquire an authorization of transfer
Agency: Land Registry (“Conservation Foncière”)
This notification allows the State to exercise its preemption rights and possibly to acquire ownership of the property. However, since 2014, the parties do not need to wait until the State notifies whether it exercises its preemption rights to continue with the registration of the property transfer.
At the same time, if the Conservation Foncière considers that the property is undervalued, it will request an expert to value the property.
Time and cost: 1 day, no charge
Deed of sale is written by the notary after the Director’s approval
Agency: Notary
The relevant charge is already included in the previous payment to the Notary.
Time and cost: 16 days, no charge
Notary sends a request of ownership change to the Land Registry
Agency: Land Registry (“Conservation Foncière”)
The Notary submits the deed with all the required documents to the Property Registry for registration. At the Land Registry the name of the new owner is changed and inserted in the Registry Book.
Time and cost: 15 days, XOF 2,426,094.2 (5% of the property value + XOF 6,500 + 0.9% property value as a publication fee)
