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Registering Property in

Guinea

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

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

    Obtain a map indicating the extent and boundaries of the property

    Agency: Service Topographique

    The seller must obtain and provide the buyer with the map indicating the extent and boundaries of the property.

    14 days GNF 309,495
    2

    Confirm identity of land owner and a clear title at the Land Registry (“Bureau de la Conservation Foncière”)

    Agency: Land Registry (Bureau de la Conservation Foncière)

    The buyer writes to the director of the land registry to confirm that the seller of the property is indeed the true owner and that the title is clear and free of encumbrances. The director’s duty is to answer back and always comply with this requirement.

    7 days GNF 20,000
    3

    Obtain tax clearance from tax authorities

    Agency: Tax authorities (Direction National des Impots)

    The notary will request a tax clearance to check that there are no outstanding taxes.

    10 days GNF 100,000
    4

    Sign the sale contract as written and witnessed by the notary

    Agency: Notary

    According to article 201 of the Ordonnance O/92/019 of March 30, 1992 regarding the Land Code every act subject to land registration must be authentified. However, if it is not presented in this form it must be filed in the minutes of a Notary.

    1 day From 1 to 10,000,000 of FG : 4.5%

    From 10,000,000 to 50,000,000 of FG: 2.5%

    From 50,000,001 to 150,000,000 of FG :1.5%

    From 150,000,001 to 300,000,000 of FG: 1%

    Above 300,000,000: 0.75%
    5

    Register the sale contract with the National Tax Authorities “Service des Impôts”

    Agency: National Tax Authorities (Service des Impôts)

    The parties should register the sale contract with the National Tax Authorities and pay their due tax (5% of the value of the property). Article 559 of the General Tax Code stipulates that when the National Directorate of Taxes considers that the sale price is insufficient it may be exercised within six months from the date of registration, a right of first refusal in favor of the public treasury.

    The National Directorate of Taxes is thus empowered to substitute by the State the purchaser of the property whose values were considered insufficient.

    The National Directorate of Taxes will increase by a tenth the price reported.

    5 days 5% of the property value
    6

    Transfer the final ownership with the Land Registry (“Bureau de la Conservation Foncière”)

    Agency: Land Registry (Bureau de la Conservation Foncière)

    The Director of the Land Registry will only ask to see the notarized sale agreement and the map stating the boundaries of the property. It is a requirement by law that the director effectively transfers the property to the seller after a 10 days maximum since the demand was presented.

    7 days 1.5% of the property value

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 5.5
    Reliability of infrastructure index (0-8) 0.0
    What is the institution in charge of immovable property registration? Land Registry of Conakry (Bureau de la Conservation Foncière de Conakry)
    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? No 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, online 0.5
    Link for online access: http://www.bcf-gn.com/files/ARRETE_CONJOINT_n1695_du_29_juillet_2009_-_BARE...
    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, online 0.5
    Link for online access: http://www.bcf-gn.com/files/ARRETE_CONJOINT_n1695_du_29_juillet_2009_-_BARE...
    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.
    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? Tribunal de Première Instance de Kaloum, lieu de situation de l'immeuble
    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