Registering Property in Burundi

This topic examines the steps, time, and cost involved in registering property in Burundi.

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Standardized property

Property Value: BIF 8,507,181
City: Bujumbura

Registration Requirements Summary:


  Procedure Time to complete: Cost to complete:
1 Obtain a proof of title property at the Land Registry 5 days No cost
2 The lawyer drafts the sale agreement and is signed by both parties 2 days 250.000 BIF
3 The buyer checks the price at the Land Registry 25 days 10 000 BIF
4 Notarize the Sale Contract at the Public Notary 2 days 21.000 BIF
5 File for Name Change with the Land Registry “Registre des Titres Fonciers” 60 days 3% property value (tax to change the Property Title to the buyer's name)

Registration Requirement Details

Procedure 1.
Obtain a proof of title property at the Land Registry
Time to complete:
5 days
Cost to complete:
No cost
Name of Agency:
Land Registry (Registre des Titres Fonciers)
Comment:
The seller must give the original property title to the buyer for the checking (or go with the buyer at the Departement des Titre Foncier). The buyer asks the “Conservateur” at the “Registre des Titres Foncier” to check if the property is indeed registered to the present owner. The buyer also requests proof that the property is not encumbered by mortgages, liens or other securities.
Procedure 2.
The lawyer drafts the sale agreement and is signed by both parties
Time to complete:
2 days
Cost to complete:
250.000 BIF
Name of Agency:
Comment:
Both parties sign a "compromis de vente" once it has been prepared by a lawyer.
Procedure 3.
The buyer checks the price at the Land Registry
Time to complete:
25 days
Cost to complete:
10 000 BIF
Name of Agency:
Land Registry (Registre des Titres Fonciers)
Comment:
The buyer goes to the Land Registry ("Departement des Titre Foncier") with the compromis de vente and the property title. The Land Registry will send the documents to the Ministry of Finance for price verification. An expert is designated by the Ministry of Finance to check whether the price is the correct one. This depends largely on the availability of the expert. The expert will produce a report which is transmitted to the Director for signature. If for instance the price on the “Compromis de vente” is lower, the transaction tax will be paid based on the appraisal value provided by the expert from the Titre Foncier and not on the agreed price between vendor and buyer. The Titre foncier also proceed to the verification that this property has no encumbrances.
Procedure 4.
Notarize the Sale Contract at the Public Notary
Time to complete:
2 days
Cost to complete:
21.000 BIF
Name of Agency:
Comment:
The parties should notarize their sale contract with an accredited public notary. Costs vary in each case. Notaries usually charge a fixed fee per page. Assuming a standard sale contract, an average estimation of the cost of this procedure is BIF 21,000.
Procedure 5.
File for Name Change with the Land Registry “Registre des Titres Fonciers”
Time to complete:
60 days
Cost to complete:
3% property value (tax to change the Property Title to the buyer's name)
Name of Agency:
Land Registry (Registre des Titres Fonciers)
Comment:
The parties should file a request with the Land Registry “Registre des Titres Fonciers” for the transfer of property to the buyer’s name. The only documents the parties are required to present are the notarized sale contract and the property title. The Land Registry employees have to perform due diligence and might do a field inspection of the land. The Director of the Registry will also write to the Urbanism Department “Services de l’Urbanisme” asking it to confirm that the total surface and total sale price as stated in the sale contract are accurate and not understated. The due diligence process could take one or two months. The former 7% additional tax has been abolished by the Loi des Finances of 2007.
The “Loi des Finances 2007” (article 35) adopted on December 30, 2007 and implemented in January 2008, has abolished the property transfer tax of 6%.
Article 36 of the same law, authorizes the Land Registry “département des titres fonciers” to charge a 3% of the property value for all transactions.