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Registering Property in

Congo, Rep

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

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

    Sale agreement ("protocole de vente") is signed by parties at Cadaster

    Agency: Departement des affaires foncieres, du cadastre et de la topographie

    Both buyer and seller must go first to the Cadastre and sign a protocol de vente, without mentioning the sale price. The Cadastre will make sure that the buyer is the rightful owner and is entitled to sell this property.

    2 days 10,000 FCFA
    2

    Evaluation of the property ("enquete parcellaire")

    Agency: Cadastre

    The cadastre will conduct an "enquete parcellaire" to draw a ‘plan de bornage’ or delimitation of the land.

    21days 30 FCFA per square meter (survey fee) + 5% (additional tax on survey fee) + 40,000 FCFA (survey report fee) + 20,000 FCFA (cadastral report fee) + 15,000 FCFA (reprography fee)
    3

    The notary checks for encumbrances on the property (land and building)

    Agency: Property Registry (Conservation Fonciere)

    The notary will check for encumbrances at the Conservation Fonciere and obtain a certificate "de non-inscription d'hypotheques". The cost is fixed by the Art.94. Régime de la propriété foncière - Loi n°17-2000 du 30 décembre 2000 (2000 CFA/year).

    2 days 20,000 FCFA
    4

    Notary drafts the sale agreement and both parties sign

    Agency: Notary

    The parties can draw the sale agreement among themselves, but this sale agreement must be notorized. Therefore most parties will retain the services of a notary to draw the sale agreement.

    1 day Notary fees on a sliding scale

    0 to 5 000 000 7%

    5 000 001 to 20 000 000 5%

    20 000 001 to 50 000 000 3%

    50 000 001 to 100 000 000 2%

    100 000 001 and over 0.50%


    VAT: 18%

    Additional Tax on VAT: 5%
    5

    Register the sale agreement with the Property Registry

    Agency: Property Registry (Conservation Fonciere)

    The Conservateur will check the file and transmit it to one colleague to calculate if all costs are accurate.

    1 day 7% property value (registration fee) + 5% of the registration fee + 0.5% property value (transfer tax) + 0.2% Frais de conservation + Frais de depot 10,000 CFA + Publication fees 10, 000 CFA + Frais d'ordonnance 10, 000 CFA + Transcription fees 5,000 CFA + Copy fees 10,000 CFA + Stamp duty 1300 CFA/page (maximum of 6 pages and the notary must do 4 copies of the sale agreement = 6 *4 *1300)
    6

    Land title is prepared and issued to the new owner

    Agency: Property Registry (Conservation Fonciere)

    The Land registrar (conservateur des titres fonciers) will change the name on the property title ("transcription") and issue a copy of the land title ("Titre Foncier") to the Limited Liability Company and keep the technical file. First-time registrations only will be published as a legal announcement in the Semaine Africaine. According to the law, 17/200 du 30 decembre 2000, article 93 -94, only first time registration ("immatriculation") is subject to a publication as a legal notice in the newspaper( La Semaine Africaine). This announcement is made by the Conservateur and there is a two months wait period to receive any disputes to the registration. After this period the registrar writes a certificate of contestation or no contestation and gives the relevant file to the president of the court in the area where the property is located. In case of no contestation, the president of said court orders the registration and the transcription of the rights of the buyer to the property. After publication, the land title is prepared and issued in the name of the Company. Official cost for publication is FCFA 20,000.

    28 days (included in Procedure 5)

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 3.5
    Reliability of infrastructure index (0-8) 0.0
    What is the institution in charge of immovable property registration? Property Registry (Conservation 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? Separate databases 0.0
    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) 1.0
    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, 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? No 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, 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) 3.5
    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.
    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? 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? Le 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