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Registering Property in

Comoros

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

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

    Title search at the Service des Domaines

    Agency: Land Registry (Service des Domaines)

    Parties should conduct a search of the title at the Service des Domaines to check the ownership and any encumbrances or liens.

    3 - 4 days no cost
    2

    Buyer and his topographer visit the property to survey and see that the title description matches the property

    Agency: Topographer

    This is not a mandatory Procedure, but it is standard practice for buyers. Topographers are in high demand, which accounts for the delay. They are often hired from the Service des Domaines. During the survey, the topographer and buyer may also consult with the neighbors of the property to verify the owner and limits.

    21 days approx. 40,000 KMF
    3

    Draft and notarize the sale purchase agreement

    Agency: Notary

    This is not a mandatory Procedure but it is standard practice. The contract can be written by anyone. The parties can write it themselves if they want but companies normally contract a lawyer to draft it. Official notary fee schedule is as follows:

    •Up to 400,000: fixed fee off 20,000 KMF

    •5 %: Transaction 400,001 - 3.000,000 KMF

    •4 %: Transaction 3.000,001 - 8.000,000 KMF

    •3 %: Transaction 8.000,001 - 15.000,000 KMF

    •2 %: Transaction 15.000,001 - 25.000,000 KMF

    •1 %: Transaction over 25.000,001 KMF

    4 days 1% of the actual property value (legal fees)
    4

    Register the sale purchase agreement with the Service des Domaines

    Agency: Land Registry (Service des Domaines)

    The Service des Domaines will record the transfer in their books and officially change the name on the existing title to that of the buyer.

    1 day 10000F transfer tax + 3% of the property's value as a tax of publication + 32000F registration fees + 500F per page stamp duty (4 pages)

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 7.0
    Reliability of infrastructure index (0-8) 2.0
    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)? 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? Different databases but linked 1.0
    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) 0.0
    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, in person 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? 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, 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) 5.0
    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? Court of first instance - civil chamber
    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