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Registering Property in

Burkina Faso

Below is a detailed summary of the steps, time and cost involved in registering property in Burkina Faso. 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 Burkina Faso to 189 other economies.

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

    Check encumbrances on the property ("etat des droits reels")

    Agency: Land Registry ("Guichet unique foncier")

    Prior to the GUF, there was an option to accelerate the Procedure and have it done in 1 day instead of 3 days. However, with the GUF the statutory time is fixed at 3 days. In practice, it takes 7 calendar days. If there are any charges on the property, there is an additional FCFA 2000 for information on each such charge. In our case, there are no charges and therefore only the basic price applies.

    7 days FCFA 4000
    2

    Notarize the sale contract

    Agency: Private notary

    In Burkina Faso it is mandatory to notarize the sale contract, and common practice to ask the notary to conduct the entire registration process on behalf of the parties.

    1 day Notary fee schedule on a sliding scale as follows:
    1 - 2.500.000 FCFA = 7%
    2.500.000 - 5 000 000 FCFA = 5%
    5.000.001 - 10 000 000 FCFA = 3%
    above 10,000,000 = 1%
    3

    Request and organize an inspection for valuation (Proces Verbal) of the property at the GUF

    Agency: Land Registry ("Guichet unique foncier")

    A team of surveyors from the GUF will visit the property, and determine a value for the property, according the conditions of the property (floor type, roof, building materials. Etc…). Based on a table of values and the conditions of the property, a property value will be determined, and will be registered in the GUF for taxation purposes (transfer and publication taxes). A statutory time limit of 4 days has been established in 2009 to process the evaluation has been established, as well as 2 days to register the new property valuation in the GUF.

    14 days 6000 FCFA (assessment of the property) + FCFA 4000 (valuation registration) + FCFA 1700 (Stamp duty)
    4

    Deposit deed of sale and pay transfer tax payment slip at Land registry

    Agency: Land Registry ("Guichet unique foncier")

    The notary will pick up the Proces Verbal and then deposits the complete transfer file at the Guichet unique foncier, and receives the notice of the transfer tax amount to be paid at the tax agency. The transfer tax is calculated and a payment slip is given to the notary for payment. With the transfer tax payment slip, the transfer tax is paid. According to the Decree N: 2008-164, the registry has a time limit of 4 days to get back to the GUF with a newly registered title. The transfer tax has been lowered from 10% to 8% of the property value by the "Loi des Finances 2008". The Publishing cost (frais de publication) of 1.05% is also paid at the same time. It takes about two months for the Conservation Fonciere to change the name and issue a new title. The name is also changed on tax records, so that the buyer pays future property taxes. Documents needed: (1) The Memorandum of Association and Registration at the Company Registry (2) The Notarized sale agreement (3) Copy of the Property Title (4) Proces Verbal (PV) of the survey of the property

    45 days 8% of purchase price (Transfer tax) + 1.05% (publication cost)

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 11.5
    Reliability of infrastructure index (0-8) 2.0
    What is the institution in charge of immovable property registration? Guichet Unique Foncier
    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)? Computer/Scanned 1.0
    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? Yes 1.0
    Transparency of information index (0–6) 3.0
    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? Yes, on public boards 0.5
    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, on public boards 0.5
    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? Freely accessible by anyone 0.5
    Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? Yes, on public boards 0.5
    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) 6.5
    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? Yes 0.5
    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? Registrar; 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? Registrar; Notary.
    Is there a national database to verify the accuracy of identity documents? Yes 1.0
    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? Tribunal de Grande Instance de Ouagadougou
    How long does it take on average to obtain a decision from the first-instance court for such a case (without appeal)? Between 1 and 2 years 2.0
    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