Myanmar

Registering Property in

Myanmar

Below is a detailed summary of the steps, time and cost involved in registering property in Myanmar. 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 189 economies. The most recent round of data collection was completed in June 2015.

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  • Standard Property Transfer

  • Property value: MMK 57,060,984
  • City: Yangon
No. Procedure Time to Complete Associated Costs
1 Request and obtain a land clearance certificate and map at the Yangon City Development Council (YCDC) Land Administration Department
Agency: Yangon City Development Council (YCDC) City Planning and Land Administration Department

On a first visit to the YCDC Land Administration Department, it is the responsibility of the land owner (seller) to request two things: a certified copy of the land record and a map specifically produced for property sale which is valid for 1 year. For the land clearance certificate there is a pilot system on the YCDC where it can be requested online, but it is still under development.
1 month The official fee schedule is:- Form fees: 200 kyat- For the certified map:10,125 kyat for zone 1 (most recently developed zone);12,945 kyat for zone 2 (second developed zone); and15,225 kyat for zone 3 (first developed zone)
2 Request and obtain appraisal from the township Inland Revenue Department
Agency: Township Inland Revenue Department

The buyer will take the certified copy of the land record and the map obtained at the YCDC to the relevant township Inland Revenue Department branch where the property is located. After application, an ‘appraisal committee’ will decide the value of the property according to the location and other considerations. The appraisal committee meets once a week, and once the case has been reviewed the interested parties are informed of the value so that they may proceed to pay the stamp duty upon it.
2-3 weeks no cost (paid in stamp duty)
3 Pay stamp duty at the Township Inland Revenue Department
Agency: Township Inland Internal Revenue Department

The buyer pays the 3% stamp duty + 2% additional tax on the property value as established by the appraisal committee. In cases where the buyer cannot show the legal origin of the funds, additional fees of around 30% of the established property value will apply in order to ‘legalize’ the money being used for the transaction.
1 day 3% Stamp duty + 2% Additioinal tax
4 Register new land title at the Land Records Department of the Ministry of Agriculture and Irrigation
Agency: Land Record department, Ministry of Agriculture and Irrigation

After payment of the stamp duty, the buyer visits the Ministry of Agriculture and Irrigation in order to register the new land title.
1 month Low fee, between 1,000 and 6,000 kyat
5 Announce the property transfer in the newspaper
Agency: Local news papers, such as Weekly Eleven, Myanmar Business Today or the Myanmar Times

The parties must announce the agreement for property transfer in one of the state newspapers. Anyone with claims to the property or other objections has 2 weeks (officially) to come forward, though usually a month will go by before the final name change can be made in the books.
3 days Approximately 18,000 kyat for publication in a local newspaper
6 Change ownership at the YCDC
Agency: Yangon City Development Council (YCDC) Land Administration Department

Once a month has passed after publication in the newspaper without any objections, the name change can be recorded in the books at the YCDC.
1 day The official fee schedule is as follows:- 30,000 kyat for zone 1 (most recently developed)- 40,000 kyat for zone 2 (second developed zone)- 50,000 kyat for zone 3 (firstly developed zone)
  
Answer Score
Quality of the land administration index (0-30) 4.0
Reliability of infrastructure index (0-8) 0.0
What is the institution in charge of immovable property registration? YCDC City Planning and Land Administration Department, Land Record Department of Ministry of Agriculture and Irrigation, Imternal Revenue Department
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
Institution in charge of the plans showing legal boundaries in the largest business city: YCDC City Planning and Land Administration Department
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) 2.0
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: https://app.ycdc.gov.mm
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? Other 0.5
Link for online access: Internal Guideline requires that YCDC City Planning and Land Administration Department deliver a new title within 23 working after receiving the case back from the Land Records Department of Ministry of Agriculture and Irrigation.
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
Contact information:
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 2014:
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? No 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
Contact information:
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) 2.0
Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third parties? No 0.0
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.
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.
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? Township Court in Yangong City, 4 District Courts, Yangong Regional Court.
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 2014:

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