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Registering Property in

Benin

Below is a detailed summary of the steps, time and cost involved in registering property in Benin. It assumes a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute.

This information was collected as part of the Doing Business project, which measures and compares regulations relevant to the life cycle of a small- to medium-sized domestic business in 190 economies. The most recent round of data collection was completed in June 2016.

Compare Benin to 189 other economies.

  • Measure of efficiency
    No. Procedure Time to Complete Associated Costs
    1

    The notary checks the Property Title at the "Service des Domaines"

    Agency: Direction des Domaines, de l'enregistrement et du Timbre

    Seller brings the title or gives the number of the title to the notary. Notary sends ‘requisition’ to Service des Domaines, so that the Service tells them about the ownership and the pending encumbrances on the property in writing.

    2 days XOF 1,500
    2

    The sale agreement is signed and authenticated at the public notary

    Agency: Notary

    Parties file the sale agreement at the public notary where they sign the contract and the sale is authenticated.

    2 days 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%
    3

    Registration of the sale deed at the Registry of Deeds

    Agency: Registry of Deeds

    During this step the registry verifies if there are any encumbrances still linked to the property and if the transfer is valid. The registration tax was lowered from 12% to 8% property value with the new Finance Law of 2007, which also raised stamp duties from XOF 300 - 800 per page.

    3 days 8% of property value + Stamp Duty of 800 XOF per page (It is assumed the Sale Deed consists of 4 pages, and 3 copies are required)
    4

    The buyer files for a transfer of title at the "Service des Domaines"

    Agency: Direction des Domaines, de l'enregistrement et du Timbre

    The long delay is due to the workload of the only one cadastre serving all of Benin. Articles 943 et 949 du Code Général des Impôts. The government is sponsoring the transformation of possessory titles into property titles in certain zones (the state pays for CFA 400,000.00 out of the 500,000.00 it normally costs). This only concerns 2% of the land so far. The project proceeds zone by zone and all the inhabitants of the zone need to agree with the plan before it starts.

    3 - 4.5 months 0.3% of property value

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 5.5
    Reliability of infrastructure index (0-8) 0.0
    What is the institution in charge of immovable property registration? Direction Général des impots et des Domaines (DGID)
    In what format are the majority of title or deed records kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Paper 0.0
    Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions and the like)? No 0.0
    In what format are the majority of maps of land plots kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Paper 0.0
    Is there an electronic database for recording boundaries, checking plans and providing cadastral information (geographic information system)? No 0.0
    Is the information recorded by the immovable property registration agency and the cadastral or mapping agency kept in a single database, in different but linked databases or in separate databases? Separate databases 0.0
    Do the immovable property registration agency and cadastral or mapping agency use the same identification number for properties? No 0.0
    Transparency of information index (0–6) 1.5
    Who is able to obtain information on land ownership at the agency in charge of immovable property registration in the largest business city? Anyone who pays the official fee 1.0
    Is the list of documents that are required to complete any type of property transaction made publicly available–and if so, how? No 0.0
    Link for online access:
    Is the applicable fee schedule for any property transaction at the agency in charge of immovable property registration in the largest business city made publicly available–and if so, how? Yes, in person 0.0
    Link for online access:
    Does the agency in charge of immovable property registration commit to delivering a legally binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? No 0.0
    Link for online access:
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property registration? No 0.0
    Are there publicly available official statistics tracking the number of transactions at the immovable property registration agency? No 0.0
    Number of property transfers in the largest business city in 2015:
    Who is able to consult maps of land plots in the largest business city? Anyone who pays the official fee 0.5
    Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? Yes, in person 0.0
    Link for online access:
    Does the cadastral or mapping agency commit to delivering an updated map within a specific time frame—and if so, how does it communicate the service standard? No 0.0
    Link for online access:
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the cadastral or mapping agency? No 0.0
    Geographic coverage index (0–8) 0.0
    Are all privately held land plots in the economy formally registered at the immovable property registry? No 0.0
    Are all privately held land plots in the largest business city formally registered at the immovable property registry? No 0.0
    Are all privately held land plots in the economy mapped? No 0.0
    Are all privately held land plots in the largest business city mapped? No 0.0
    Land dispute resolution index (0–8) 4.0
    Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third parties? Yes 1.5
    Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5
    Is there a specific compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? No 0.0
    Does the legal system require a control of legality of the documents necessary for a property transaction (e.g., checking the compliance of contracts with requirements of the law)? Yes 0.5
    If yes, who is responsible for checking the legality of the documents? Notary.
    Does the legal system require verification of the identity of the parties to a property transaction? Yes 0.5
    If yes, who is responsible for verifying the identity of the parties? Notary.
    Is there a national database to verify the accuracy of identity documents? No 0.0
    For a standard land dispute between two local businesses over tenure rights of a property worth 50 times gross national income (GNI) per capita and located in the largest business city, what court would be in charge of the case in the first instance? Chambre de droit de propriété foncière du Tribunal de Première Instance de Cotonou
    How long does it take on average to obtain a decision from the first-instance court for such a case (without appeal)? Between 2 and 3 years 1.0
    Are there any statistics on the number of land disputes in the first instance? No 0.0
    Number of land disputes in the largest business city in 2015:
    Equal access to property rights index (-2–0) 0.0
    Do unmarried men and unmarried women have equal ownership rights to property? Yes 0.0
    Do married men and married women have equal ownership rights to property? Yes 0.0