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Registering Property in

Chad

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

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

    The public notary drafts and notarizes the sale agreement

    Agency: Notary

    The Law expressly states that all legal acts involving real estate transactions should be witnessed and notarized by a public notary. The parties can draft the sale agreement themselves and only ask the public notary to notarize the agreement. It is, however, common practice to ask the public notary to draft the sale contract. The Law imposes on the public notary, before notarizing the agreement, to perform all required investigations and due diligence.



    According to Note Circulaire n° 01//CN du 08 mai 2002 du Président de l’Ordre suite à la délibération de l’Ordre des Notaires du 1er mai 2002 notary fees are 3% of property value. By the terms of article 64 of decree n° 630/PR/MJ/96 of 22/11/1996 regarding the statute on notaries: "the memorandum of association or the transfer of immovable properties are obligatorily notarized. The authentification only concerns agreements under private signatures.


    From the 07 January 2005 the registration fees as well as the value of properties have risen by the law N°03/PR/05 arising from the general budget of the State for 2005.


    Notary Fee schedule (Article 9 du Decret n° 004/PR/PM/MJ/2010 published on December 10, 2009):

    - From 200.000 - 500.000: 0% but not more than 40.000 F CFA

    - From 500.001 - 1.000.000: 8% but not more than 50.000 F CFA

    - From 1.000.001 - 3.000.000: 5% but not more than 60.000 F CFA

    - From 3.000.001 - 10.000.000: 2% but not more than 150.000 F CFA

    - From 10.000.001 - 50.000.000: 1,5% but not more than 500.000 F CFA

    - From 50.000.001 - 100.000.000: 1,25% but not more than 625.000 F CFA

    - From 100.000.0001 - 500.000.000: 0,5% but not more than 1.500.000 F CFA

    - From 500.000.0001 - 1.000.000.000 and over: 0,3% but not more than 2.500.000 F CFA.
    1 day Cumulative fee from 8% to 1.5% of property value according to the official notary fee schedule
    2

    Check the accuracy of the property’s surface and boundaries with the Cadastre

    Agency: Cadastre

    The public notary has to check with the cadastral services that the land area and boundaries as defined in the sale agreement are correct and not overstated (or understated). The public notary can either write to the concerned services or go by himself or send one of his employees.
    5 days The request must be stamped with a value of 1,000 FCFA
    3

    Check with the Land Registry that the seller is providing a clear and non-encumbered title

    Agency: Land Registry ("Registre de la Conservation Foncière")

    The public notary has to check whether the seller of the property is the true owner with the Services des Domaines, which is the Land Registry in the Country. The public notary also has to check that the owner’s title is clear of mortgages, liens and other kind of security charge. The notary can either write to the director, or personally go to the land registry for due diligence.

    The Direction des domaines is under the authority of the Ministry of Urbanism, Habitat and Land Affairs. In addition, it is necessary to address a written request to the Registrar of real estate properties, for verifications relative to the property title.
    5 days The request must be stamped with a value of 1,000 FCFA
    4

    Obtain the notarized draft of the sale agreement

    Agency: Notary

    After accomplishing all due diligence checks, the public notary has fulfilled his legal obligations under the law and can now draft and notarize the sale agreement for the parties. The parties will need to pick up the final sale contract to register it with the "Direction des Domaines". Additional observations: As mentioned in Procedure n° 1, the sale agreement must be drafted by the notary.
    2 days no cost
    5

    Register the sale agreement with the “Service des Domaines”

    Agency: Service des Domaines

    The parties should register the sale agreement at the Direction des Domaines. This registration costs 10% of the property value (Registration Tax)

    Property transfers are subject to stamp duty at a rate of 1000F per page.

    One pays the stamp duty upon the signature of the sale agreement and the pronouncement of the adjudication.


    Additional observations:

    The Republic of Chad voted the Budget Act of 2015 on December 30, 2014. It decreased the property transfer tax from 12.5% of property value to 10% of property value. The Budget Act came into force on January 1, 2015.
    1 day 10% property value (registration tax) + 4,000 FCFA stamp duty (1000FCFA per page, 4 pages)
    6

    Request the final transfer of property with the “Registre de la Conservation Foncière”.

    Agency: Land Registry ("Registre de la Conservation Foncière")

    With the notarized sale agreement and the certificate of registration, the parties are now eligible to file an application for the effective transfer of property to the buyer. The request is filed with the “Registre de la Conservation Foncière” where Land documentations are kept. The employee of the Registry conducts a final due diligence before making the final transfer of property.

    Cost involves the following:

    (i) 4‰ of the property value (Salary of the "Conservateur")

    (ii) the 'taxe de bornage' is due according to adjudication or over the counter agreement based on the following rates :

    Area : Rate

    - Less than 299 m² : 50.000 FCFA

    - from 300 to 499 m² : 60.000 FCFA

    - from 500 to 799 m² : 70.000 FCFA

    - from 800 to 999 m² : 80.000 FCFA

    - from 1000 to 1199 m² : 90.000 FCFA

    - from 1200 to 1500 m² : 100.000 FCFA

    - above up to 1800 m² : 100.000 FCFA plus an additional 200 FCFA/m²


    Additional observations:

    Article 2 of Decree n° 211/PR/MFM/86, mentioning distribution of revenues from transfers, transcriptions, registrations and entry of mortgages, fixes the fees for transfers and transcriptions at 4 per thousand of the value of the immovable.
    30 days 4 for a thousand (4 o/oo) of the property value (property transfer) + 70,000 (taxe de bornage)

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 8.0
    Reliability of infrastructure index (0-8) 3.0
    What is the institution in charge of immovable property registration? Service des Domaines
    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)? Computer/Scanned 1.0
    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? Different databases but linked 1.0
    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? Only intermediaries and interested parties 0.0
    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? Only intermediaries and interested parties 0.0
    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) 4.5
    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? No 0.0
    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? Registrar; Notary; Interested Parties.
    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; Interested Parties.
    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
    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) -1.0
    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? No 1.0