Botswana

Registering Property in

Botswana

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

The information appearing on this page 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 183 economies. The most recent round of data collection for the project was completed in June 2011.

  • Standard Property Transfer

  • Property Value: BWP 2,537,217.38
  • City: Gaborone

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No. Procedure Time to Complete Associated Costs
* 1 Obtain certificate of compliance at the Lands Department

A certificate of compliance is obtained at the Lands Department. It checks the status of the property on any pending compliance issues linked to it, i.e., compliance with conditions of a title deed like zoning and land usage. This is obligatory where the conditions of the title deed require it, such as in this case.

Agency: Lands Department 		3 days (simultaneous with procedure 2) BWP 100
* 2 Obtain a rates clearance certificate at the Gaborone City council

The seller obtains a rates clearance certificate at the Gaborone City Council, showing that there are no outstanding property taxes to be paid.

Agency: City Council 		3 days (simultaneous with procedure 1) 1 to 5 BWP
3 Notify BURS (Botswana unified revenue services) of VAT payment

As a result of a stronger enforcement of the Value Added Tax Law, additional requirements for all transferor companies to obtain VAT clearance before they can transfer property have been introduced. This requirement was introduced through a Registrar's Circular No 3 of February 20 2009.
If the selling company is not charging VAT in the transaction, a Clearance Letter issued by BURS is required (if the company is not registered for VAT, or claims the property will be used for renting which is VAT exempt). If the company is VAT registered and is charging VAT, then the conveyancer is required to give an undertaking to BURS that the VAT is accounted for and will be paid to the Seller on transfer. BURS will then issue a letter to Deeds Registry, on confirmation of the VAT details, confirming that the transaction is subject to VAT and advising that the transfer may proceed.


Agency: Botswana Unified Revenue Service (BURS) 		5 days No cost
4 The conveyancer prepares the deed of transfer

The Conveyancer or notary public must prepare the Deed of transfer. It is mandatory for conveyancers to prepare the deed of transfer. The parties cannot do it themselves.
The original deed will be in possession of the seller.
For every transaction there is a disbursement of 550 BWP to the attorney (12% VAT is paid on professional fees).
The tariffs were gazetted in August 2004.
1 day Conveyancing fees according to the following schedule: Property value (in BWP) Conveyance fees (in BWP) 150,000 to 200,000 3,800 200,000 to 300.000
5 The deed of transfer is lodged at the Deeds Registry

The deed is lodged at the Deeds Registry of the Attorney General’s Chambers (AG).
The Deeds Registry has employed more staff and changed their organization system. There are now internal time limits. If the usual person is absent, then someone else will complete the step, in order to keep the process flowing. The paper will be at his desk for one day, then go to next examiner, then the next and it is then complete. If all is in order (no mistakes or missing documents), the deed of transfer is endorsed by the Registrar of Deeds (or his delegate) and done in 4 to 5 business days. Once endorsed, one copy is given to the parties' lawyer, the other is kept at the Registry for public reference.
Transfer duty in the amount of 5% is payable at the AGs revenue office immediately prior to registration. For citizens, the duty is paid only on the amount above BWP 200,000. Non-citizens pay the whole amount.
Where a transaction is on a commercial basis and the seller raises a VAT invoice, transfer duty is not required for registration, on presentation of the receipted invoice. In this transaction, VAT is treated in the normal way, which is as an input/ output setoff item. The rate of VAT has increased to 12% as of January 2010.

The Deeds Registry had changed their lodgment times for lodging transactions. It is now between 7:30 a.m to 9:00 am. If the transaction is not lodged before then, it will have to be done the next day.


Agency: Deeds Registry of the Ministry of Lands 		6 days 5% of value or purchase price above BWP 200,000 (transfer duty) + 12% VAT (not included in the calculation)
* Takes place simultaneously with another procedure.
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