Namibia

Registering Property in

Namibia

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.

The information appearing on this page 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 183 economies. The most recent round of data collection for the project was completed in June 2011.

  • Standard Property Transfer

  • Property Value: NAD 1,998,524.33
  • City: Windhoek

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No. Procedure Time to Complete Associated Costs
* 1 Conveyancer conduct a Deed Search at the Deeds Office in Windhoek

A conveyancer conducts a search in the Deeds Office in Windhoek to obtain the correct description of the owner of the land and the property description.


Agency: Deeds Registry 		Up to 3 days (simultaneous with procedures 1 & 3) N$100
* 2 Conveyancer collects required documentation and drafts the transfer deed documents

The conveyancer collects all the necessary documentation: For Companies: (i) Copies of Memorandum and Articles of Association, (ii) Certificate of Incorporation and any amendments to it, (iii) Certificate to commence business, CM 29, and (iv) copy of authorized person’s ID, necessary resolutions for the ability to transfer or take transfer.
A deed of sale signed by both parties is a statutory prerequisite for the sale of landed property. These documents include a power of attorney to transfer, transfer duty application form, transfer duty declarations for both transferor and transferee, as well as statement of transfer cost with provisions for (i) stamp duties and (ii) transfer duties.

Conveyance’s fees are calculated according to an official fixed scale depending on the purchase value of the property. Fees are ad valorem on a diminishing curve (from 25% to 0.01%).

7 days (simultaneous with procedure 2 and 3) Conveyance fees according to an official fixed schedule. N$6 000.00 for the first N$500 000 plus N$800.00 per N$100 000 or part thereof above that up to and includingN$1 000 000 whereafter the fee shall be N$400.00 per N$100 000 or part thereof up to an
* 3 The conveyancer obtains a clearance certificate from the Municipality

The conveyancer must inform the Municipality 7 days in advance that there will be a transfer of a property. As a normal rule, payment for utilities is made in advance for these 3 months. Calculation is made based on the previous payment of the utilities and this amount is multiplied by 3. The conveyancer will pay on behalf of the seller. This certificate is required to proceed with transfer and states that rates and taxes to the applicable authority were paid in full. Proof of payment in the form of a clearance certificate must be obtained from the applicable authority where the property is located.

Agency: Municipality 		7 days (simultaneous with procedure 1 & 2) no cost
4 Parties sign the transfer deed at conveyancer’s office

Parties sign the documentation at conveyancer’s office. The purchasing company pays the transfer costs and the seller furnishes the conveyancer with the original title deed of the property. Once the draft deed is prepared, it is signed by the selling and purchasing parties (either owner or authorized representatives). The amount for transfer duties and stamp duties is paid to the conveyancer. If the property to be transferred includes commercial buildings, VAT (15%) is charged on the purchase price.
1 day Included in Procedure 2
5 The conveyancer applies to the Receiver of Revenue for a transfer duty receipt

Transfer duty is a government tax which is payable on the value of the immovable property acquired. As of June 2010, the transfer duty when companies are involved was increased to 12%. Who is responsible to pay for the Transfer duty and the stamp duty must be clearly stated in the deed of sale. If not clearly said, that the seller must pay for the transfer duty.
Stamp Duty is payable to the Receiver of Revenue on a deed of transfer.
The Conveyancer will deliver all documents to the Receiver of Revenue for processing. This office will check that the calculation of the Transfer duty and stamp duty are accurate and will issue a receipt for the Transfer duty and another one for the Stamp duty. The conveyancer will collect both receipts to proceed to registration.


Agency: Receiver of Revenue 		7 days 12% of purchase price for the Transfer duty (as of June 2010) + Stamp duty: N$ 100 + N$10 for each N$ 1,000 after 20,000 (from purchase price)
6 The conveyancer lodges the transfer deed at the Deeds Office

The conveyancer lodges the transfer deed with the Deed office. There, the documents will be examined, endorsed and the Registrar’s seal applied to the documents. Information will be entered in the land registry. Usually it takes about 7 working days for all the checking to be completed. Once all checks are done, the conveyancer will be informed and will sign the deed of transfer in the presence of the Registrar of Deeds.

Agency: Deeds Registry 		7 days N$300
* Takes place simultaneously with another procedure.
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