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Ease of Doing Business in

Congo, Dem Rep

Congo, Dem Rep Download Profile (1800KB, pdf)
Region Sub-Saharan Africa
Income Category Low income
Population 77,266,814
GNI Per Capita (US$) 410
City covered Kinshasa

190

1

DB 2017 Rank

1

100

DB 2017 DTF (% points)

  • local_library
  • group
Topics DB 2017 Rank DB 2016 Rank info_outline Change in Rank DB 2017 DTF (% points) info_outline DB 2016 DTF (% points) info_outline Change in DTF (% points) info_outline
Overall 184 184
0
37.57 37.53 down
0.04
Starting a Business 96 85 down
11
85.49 85.49
-
Dealing with Construction Permits 114 129 up
15
65.89 62.43 up
3.46
Getting Electricity 175 180 up
5
33.59 33.37 up
0.22
Registering Property 156 141 down
15
46.60 49.93 down
3.33
Getting Credit 139 134 down
5
30.00 30.00
-
Protecting Minority Investors 162 162
-
36.67 36.67
-
Paying Taxes 177 176 down
1
40.12 40.12
-
Trading across Borders 188 188
-
1.26 1.26
-
Enforcing Contracts 171 170 down
1
36.06 36.06
-
Resolving Insolvency 169 169
-
0.00 0.00
-

Positive= Doing Business reform making it easier to do business.Negative= Change making it more difficult to do business.

DB 2017 Rank:

156

DB 2016 Rank:

141

Change in Rank:

down15

DB 2017 DTF (% points):

46.60

DB 2016 DTF (% points):

49.93

Change in DTF (% points):

down3.33

STANDARD PROPERTY TRANSFER
Property value CDF 19,340,389
City Kinshasa
Indicator Congo, Dem Rep Sub-Saharan Africa OECD high income
Procedures (number) info_outline 7 6.2 4.7
Time (days) info_outline 44 59.7 22.4
Cost (% of property value) info_outline 11.5 8.0 4.2
Quality of the land administration index (0-30) info_outline 10 8.4 22.7
  • Measure of efficiency
    No. Procedure Time to Complete Associated Costs
    1

    Conduct a title search at the Registrar of Properties and Cadastre

    Agency: Registrar of Property (Conservateur des Titres Immobiliers)

    Parties conduct a search title to verify the history of the property and the validity of the title.

    1 - 2 days $15 Ordinary consultation (consultation ordinaire) - $15 Written certificate (consultation écrite)
    2

    Sign the sales agreement with a lawyer

    Agency: Lawyer

    While there is no obligation by law to hire the services of a lawyer to prepare the sales agreement, it is common practice for companies (as in the Doing Business case study) to hire such services. The lawyer would normally be in charge of collecting the necessary documents to prepare the sales agreement and present the file to the Land Registry (Conservation Foncière).

    2 days 5% of the property value
    3

    Sale deed authenticated by the Property Registrar and application made for replacement of registration certificate

    Agency: Registrar of Property (Conservateur des Titres Immobiliers)

    The parties present the sale agreement to the Registrar (Conservateur) acting as a notary, for its authentication. Simultaneously the parties apply for replacement of the registration certificate at the Registry Office. The buyer submits both the registration certificate and the concession certificate to the “Conservateur des Titres Immobiliers” (Registry Office) to check their validity. Since 1973, the law has allowed for the Registrar to act as notary for the specific purpose of registering property titles. This is standard practice. The Conservateur will establish a “Note de Frais” which the buyer must give to the DGRAD agent located in the Registry. The Agent will establish a “Note de perception’ to be paid at the bank.

    In addittion, pictures of all the parties involved in the transaction (buyer, seller, lawyers and witnesses) are taken at the Land Registry.

    The old record on the registration book is voided with a stamp, adding a comment indicating the reasons of the voidance as well as the date and number of the new certificate.

    7 days $ 80 - $ 120 - photograph of the seller and buyer

    $ 100 notarized sale agreement

    $ 8 New Property title

    3% of the property value for the registration fee (paid in procedure 6)


    4

    A land surveyor from the cadastre inspects and values the property and prepares the cadastral plan

    Agency: Cadastre - Registry Office (Conservateur)

    The Cadastre is a department within the Registry Office (Conservateur). The Cadastre designates a land surveyor to inspect and value the property. The geometric engineers produce the cadastral extracts by verifying the property value, measuring its limits and preparing the cadastral map. The Cadastre checks that the parcel is correctly described and determines the correct value of the property.

    15 days $50 - 100 (paid to the surveyor; including surveying fees and expenses)
    5

    An order of payment for state taxes is issued by the tax agent (DGRAD)

    Agency: General Direction of Administrative and Judicial Revenues (Direction générale des recettes administratives, judiciaires, domaniales et de participations, DGRAD)

    The payment order is then sent to the Direction Générale des Recettes Administratives, Judiciares, Domaniales et de Participation (DGRAJ, General Direction of Administrative and Judicial Revenues) that will prepare the appropriate payment order in order to pay the state rights in a commercial bank.

    3 days no cost
    6

    The state fees are paid at a commercial bank

    Agency: Commercial Bank

    Payment for all fees is made at a commercial bank. A receipt is obtained. This receipt must be deposited at the accounting department of the DGRAD and copy delivered to the Registrar as proof of payment.


    Transfer fees are determined by the Decree N°003/CAB/MIN/AFF.FONC/2013 et CAB/MIN/FINANCES/2013/854 du 03 juillet 2013 portant fixation des taux des droits, taxes et redevances à percevoir à l'initiative du Ministre des Affaires foncières."

    1 day 5% of the property value for the registration fee
    7

    New title deed in the name of the buyer is issued

    Agency: Registrar of Property (Conservateur des Titres Fonciers)

    The Registrar (Conservateur), acting as notary, will notarize the sale contract, in accordance with the article 231 of La loi du 20 juillet 1973, that no transfer of property is valid unless the sale contract is notarized. The Registrar will ask for payment of any additional taxes, if applicable. Once these are paid, the Registrar nullifies the old title deed (Certificat d’Enregistrement) in the name of the seller and issues a new title deed in the name of the buyer. This serves as the buyer’s new ownership entitlement. The law also stipulates that the Sale Agreement can be notarized by the Conservateur just before the transfer.

    14 days no cost

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 10.0
    Reliability of infrastructure index (0-8) 2.0
    What is the institution in charge of immovable property registration? The Land Registry (La Circonscription Foncière)
    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) 4.0
    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, online 0.5
    Link for online access: http://www.leganet.cd/Legislation/Droit%20des%20biens/Note.circulaire.28.11...
    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, online 0.5
    Link for online access: http://www.leganet.cd/Legislation/Dfiscal/Impot/O79.112.09.05.1979.htm
    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? Yes, online 0.5
    Link for online access: http://www.leganet.cd/Legislation/Droit%20des%20biens/Note.circulaire.28.11...
    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, online 0.5
    Link for online access: http://www.leganet.cd/Legislation/Dfiscal/Impot/O79.112.09.05.1979.htm
    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? Yes, online 0.5
    Link for online access: http://www.leganet.cd/Legislation/Droit%20des%20biens/Note.circulaire.28.11...
    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? Registrar; Notary; Lawyer; 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; Lawyer; Interested Parties.
    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? Tribunal de Grande Instance de Kinshasa
    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) -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