Gambia, The

Registering Property in

Gambia, The

Listed below is a detailed summary of the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute.

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  • Standard Property Transfer

  • Property Value: GMD 584,767.31
  • City: Banjul

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No. Procedure Time to Complete Associated Costs
* 1 Application for Ministerial Consent to transfer leasehold property

Because the State owns most of the land in Banjul, the property is technically leased (land in Banjul can be freehold or leasehold). The vendor buys and submits the Application form for Permission at the Department of Lands and Surveys. The Lands Department conducts an internal search for other files connected with the property. These files need to be attached to the application. The application then leaves the Lands Department and goes to a different office within the Department of State for Lands. The Secretary of State for Local Government and Land indicates approval and then the application is sent back to Lands Department. The Director of Lands issues the letter of consent for the transfer of the property. The lease is usually 99 years, with the option of another 99 years. The vendor also brings receipt showing that land rents have been paid up to date.
The ministerial consent is required for leaseholds. With regular follow up it can be obtained in one to three months, but can take up to a year if there is no follow up and there are mortgages attached to the property.

Agency: Department of Lands and Surveys 		1 to 3 months (simultaneous with procedures 2 and 3) D 200 for the Application form
* 2 Preparation of Transfer Deed by a lawyer

The lawyer then prepares the transfer deed. Sometimes the lawyer prepares the sale-purchase agreement, if payment is by installment.
2-7 days (simultaneous with procedures 1 and 3) 2-3% of purchase price (lawyer’s fees)
* 3 Title search by lawyer at the Office of the Registrar of Deeds

The purchaser’s lawyer conducts a title search at the Office of the Registrar of Deeds within the Office of the Attorney General. The search costs about D 200-500, but this is usually included in the lawyer’s fees. Sometimes, the lawyer may need to conduct an additional search at the Lands Department if files are missing at the Office of the Attorney General.

Agency: Registry of Deeds office 		1-2 days (simultaneous with procedures 1 and 2) included in Procedure 2
4 Payment of Capital Gains tax and Stamp Duty at the Department of Income Tax

Once permission has been received, the vendor must pay capital gains tax and the purchaser pays stamp duty at the Department of Income Tax. Details of permission are inserted into the transfer documents. And, as of 2007, all those wishing to pay taxes must possess a tax identification number (TIN) issued by the Ministry of Finance, usually upon a company's registration/incorporation. Stamp Duty will not be accepted unless Capital Gains tax has been paid. Once they are paid, the purchaser will obtain receipts with proof of payment and the transfer deed will be stamped.
Capital Gains Tax = 10% of the purchase price or 25% of the sale profit (whichever is greater). Capital gains are not included in the calculation of cost for the case study.
The stamp fees as of the Stamp Act establish a 2% of sales price stamp duty. However this rate has been updated since after 2002 to 5% of the sales price, based on 2002 budget speech of the minister of finance.

Agency: Department of Income Tax 		1 day 5% of purchase price (Stamp Duty)
5 Transfer deed is brought to the Registrar General’s Office for registration

The transfer deed is given a serial registration number, entered into the registers. One copy is retained with the Registrar General, and another one is returned to the purchaser. In theory, the document is signed by the Registrar General – but often it is done by one of the lawyers in the Registrar General’s Office. Together with the original lease document, this document constitutes the new title. The registration fee is a fixed fee.

Agency: Registry of Deeds office 		3 -7 days D 1000 (Registration fee)
* Takes place simultaneously with another procedure.
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