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 2014.

This year, Doing Business has collected new data in 170 economies on the overall quality of land administration systems through a set of indicators on reliability, transparency, coverage and dispute resolution. The new data is available under the “Methodology Expansion” tab, below. The data are preliminary and do not have any impact on the Ease of Doing Business 2015 rankings. This data may differ from what will be published in Doing Business 2016.

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  • Standard Property Transfer

  • Property value: MMK 40,386,792.8
  • 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) 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 15,225 kyat for plot of land smaller than .25 hectares
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 Revenue Department

The buyer pays the 7% stamp duty 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 7% of property value
4 Register new land title at the Ministry of Agriculture and Irrigation
Agency: 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: Yangon City Development Council (YCDC) Land Administration Department

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.
1 month 10,000 kyat depending on size
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 50,000 kyat
  
Answer
Reliability/Land Registry
Are the records held in a paper format or in a computerized format? If they are computerized, are they scanned documents or fully digital documents? Not available
Is there an electronic database for checking for encumbrances (liens, mortgages, etc.)? Not available
Reliability/Cadastre
Are the maps held in a paper format or in a computerized format? If they are computerized, are they scanned documents or fully digital documents? Not available
Is there an electronic database to record property boundaries, check maps and provide cadastral information (Geographic Information System)? Not available
Reliability/Interconnection
Are the land registration agency and cadastre unified in one system under one agency, or is there a dual system of separate land registry and cadastre agency? If the latter, are the land registration agency and cadastre linked? Not available
Do the land registration agency and cadastre use the same identification number to search for properties? Not available
Transparency/Land Registry
Who is able to consult titles/deeds at the land registration agency? Please select all that apply Not available
How can they be accessed? Please select all that apply Not available
If online, please provide the link
Is the list of documents required to complete any type of property transaction made publicly available? Please select all that apply Not available
If online, please provide the link
Is the applicable fee schedule for any property transaction at the land registration agency made publicly available? Please select all that apply Not available
If online, please provide the link
Does the land registration agency provide service standards for any property transaction (e.g. 5 working days for a transfer)?Please select all that apply Not available
If online, please provide the link
Are there official statistics tracking the number of transactions at the land registration agency? Not available
If yes, are they made available to the public?
What is the source of these statistics?
Is there a complaints mechanism through a hotline, address, e-mail or other means? Not available
Please provide the contact information
Transparency/Cadastre
Who is able to consult maps/surveys? Please select all that apply Not available
How can they be accessed? Please select all that apply Not available
If online, please provide the link
Is the applicable fee schedule to get access to maps and surveys made publicly available? Please select all that apply Not available
If online, please provide the link
Is there a complaints mechanism through a hotline, address, e-mail or other means? Not available
Please provide the contact information
Coverage/Land Registry
Is every privately-owned land plot in the country formally registered at the land registry? Not available
Is every privately-owned land plot in the biggest business city formally registered at the land registry? Not available
Coverage/Cadastre
Is every privately-owned land plot in the country mapped? Not available
Is every privately-owned land plot in the biggest business city mapped? Not available
Disputes/Legal Background
Does the law require that all property sale transactions be registered at the land registry to make them opposable to third parties? Not available
What is the legal basis?
Is the system of property transfer and land registration guaranteed by the state? Not available
What is the legal basis?
Is there any 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 land registry? Not available
What is the legal basis?
Who is held responsible for verifying the identity of the parties to a property transfer? Please select all that apply Not available
What is the legal basis?
Dispute Resolution
Does the law provide for specific mediation procedures for land disputes? Not available
If yes, what is the legal basis?
Does the law provide for any specific land dispute resolution mechanisms? Not available
If yes, what is the legal basis?
How long does it take on average to obtain a decision in a standard land dispute over a property transfer between two domestic businesses in the first instance? Not available
Are there any statistics on the number of land disputes in the first instance? Not available
What is the source of these statistics?

  Please send any comments and inputs on the data above to rru@worldbank.org

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