Registering Property in The Gambia

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Standardized property

Registration Requirements Summary:

Registration Requirement Details

Procedure 1.

Application for Ministerial Consent to transfer leasehold property

Time to complete:

approx. 365 days (simultaneous with procedures 2 and 3)

Cost to complete:

D 200 for the Application form

Name of Agency:

Department of Lands and Surveys

Comment:

Because the State owns most of the land in Banjul, the property is technically leased. The vendor buys and submits the Application form for Permission at the Department of Lands and Surveys. The Lands Department conducts an internal search for other files connected with the property. These files need to be attached to the application. The application then leaves the Lands Department and goes to a different office within the Department of State for Lands. The Secretary of State for Local Government and Land indicates approval and then the application is sent back to Lands Department. The Director of Lands issues the letter of consent for the transfer of the property. The lease is usually 99 years, with the option of another 99 years. The vendor also brings receipt showing that land rents have been paid up to date.

Procedure 2.

Preparation of Transfer Deed by a lawyer

Time to complete:

2-7 days (simultaneous with procedures 1 and 3)

Cost to complete:

2-3% of purchase price (lawyer’s fees)

Name of Agency:

Comment:

The lawyer then prepares the transfer deed. Sometimes the lawyer prepares the sale-purchase agreement, if payment is by installment.

Procedure 3.

Title search by lawyer at the Office of the Registrar of Deeds

Time to complete:

1-2 days (simultaneous with procedures 1 and 2)

Cost to complete:

included in Procedure 2

Name of Agency:

Office of the Registrar of Deeds

Comment:

The purchaser’s lawyer conducts a title search at the Office of the Registrar of Deeds within the Office of the Attorney General. The search costs about D 200-500, but this is usually included in the lawyer’s fees. Sometimes, the lawyer may need to conduct an additional search at the Lands Department if files are missing at the Office of the Attorney General.

Procedure 4.

Payment of Capital Gains tax and Stamp Duty at the Department of Income Tax

Time to complete:

1 day

Cost to complete:

Stamp Duty = 2% of purchase price

Name of Agency:

Department of Income Tax

Comment:

Once permission has been received, the vendor must pay capital gains tax and the purchaser pays stamp duty at the Department of Income Tax. Details of permission are inserted into the transfer documents. And, as of 2007, all those wishing to pay taxes must possess a tax identification number (TIN) issued by the Ministry of Finance, usually upon a company's registration/incorporation. Stamp Duty will not be accepted unless Capital Gains tax has been paid. Once they are paid, the purchaser will obtain receipts with proof of payment and the transfer deed will be stamped.
Capital Gains Tax = 10% of the purchase price or 25% of the sale profit (whichever is greater). Capital gains is not included in the calculation of cost for the case study.

Procedure 5.

Transfer deed is brought to the Registrar General’s Office for registration

Time to complete:

3-7 days

Cost to complete:

D 200 (Registration fee)

Name of Agency:

Comment:

The transfer deed is given a serial registration number, entered into the registers. One copy is retained with the Registrar General, and another one is returned to the purchaser. In theory, the document is signed by the Registrar General – but often it is done by one of the lawyers in the Registrar General’s Office. Together with the original lease document, this document constitutes the new title.