Mozambique - Apply for Original Land Title

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Procedure

1.You should start by identifying a particular piece of land for which the owner is willing to transfer ownership;

2.After identifying land, proceed with obtaining a certificate known as registro matricial for the land showing the value of property from the Tax Authority or Repartio das Finanas.

3.In the due course of obtaining the above, you should also been processing the Real Estate Registry certificate at the Conservatria do Registo Predial. This certificate will help you identify the true owner of particular piece of land because it lists all the owners of the land / recipient of the use and benefit right;

4.Thereafter proceed with drafting the transfer agreement. This is either a Sales / Purchase Agreement, Grants Agreement, Lease Agreement or any other related agreement and at this stage you are advised to always contact a lawyer to draft the agreement. When the agreement is ready you and the owner of land should insert signatures in presence of the lawyer;

5.After signing the agreement, go ahead and clear the transfer tax known as SISA at the Municipal Tax Office. when the tax is cleared, a SIS tax receipt is issued as proof of payment;

6.Then you go ahead and submit the drafted transfer agreement to the Public Notary for verification. At this stage, you should go with the SISA receipt, the Real Estate Registry certificate and all other required documents and submit them with the transfer agreement. When the documents are received by the public notary, they are examined, assessed and verified; and after verification the notary issues a notarial deed of transfer

7.After obtaining the notarial deed, you now have to register land with the Real Estate Registry Office. this is done by submitting an application for registration of new ownership over the land in question and request for a registration certificate of the same land together with all the necessary / required documents to the Real Estate Registrar;

8.Upon registration with the Real Estate Registry, you should also go ahead and register land at the Municipal Tax Office. In this case, the certificate obtained above is submitted together with request for registration under the names of the new owner to the Municipal Tax Office where the land is situated. When application is received, it is examined and if approved, a registration certificate is issued;

9.In the due course of the above, you should also ensure that new ownership is registered with the Cadastre Services Registry. In this case the first owner submits certificate of registration and an application to transfer land from his name to the names of the new owner. If application is approved, the new owner's name is registered inside the title document

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Required Documents

1.Registro matricial

2.Real Estate Registry certificate

3.A copy of the current real property registration

4.An existing land title deed

5.Tax clearance certificate

6.A SISA tax receipt

7.Registry certificates of original owner and new owner

8.Identification documents of owner and new owner or of their representative

9.Power of attorney (where a person is appointed to act on behalf of one of the parties)

10.Notarial deed of transfer

Office Locations & Contacts

Mozambique Revenue Authority

Press Street, Building 33 Floors 5th Floor

Maputo Mozambique

Telephone No.: +258 21 30 74 32

Fax: +258 21 31 14 82

Email: info.contribuinte.at.gov.mz

http://www.at.gov.mz

National Directorate of Land and Forests (DNTF) under the Ministry of Agriculture

Praa dos Heris,

Maputo

Telephone No.: (21) 460-011/6

Fax: (21) 460-055

Website: http://www.minag.gov.mz

Eligibility

Owners of land / property are the only eligible person who can apply for original land titles. Ownership may be obtained from:

i)Inheritance: In this case, you inherit hand from the first owner;

ii)state grant: In this case upon fulfillment of requirements and submission of application, the state gives a land ownership grants to you for a given period of time;

iii)Occupation: Where you obtain right of ownership from residing on land in accordance to customary standards or where you obtain right of ownership from good faith occupation on land for a period of ten (10) years;

iv)Purchase: In this case you purchase land ownership from the original owner of land

v)Lease: In this case you rent land for a given period of time;

Fees

1. Obtaining a Registro matricial MZN 100
2. Obtaining a Real Estate Registry certificate of the property MZN 75
3. Drafting a Transfer Agreement fees vary basing on the lawyer it ranges from MZN 12,000 MZN 30,800
4. SISA-transfer tax 2% of property value
5. Municipal charge (adicional autarquico) 20% of the transfer tax
6. Obtaining a Notarial deed of transfer
7. Stamp duty 0.2% of property value
8. Notarial fees 0.4% of property value up to the first MZN 5 million
9. Notarial fees 0.01% of property value for the excess of MZN 5 million.
   
   

Registration at the Real Estate Registry

1. Registration fees 0.4% of property value up to the first MZN 5 million
2. Registration fees 0.01% of property value for the excess of MZN 5 million.
3. Registration at the Municipal Tax Office MZN 150
4. Registration at the Cadastre Services Registry MZN 150

Validity

1.Real Estate Registry certificate of the property 90 days

2.As long as ownership of land is not transferred

Documents to Use

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Sample Documents

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Processing Time

1.Obtaining a Registro matricial seven (7) days

2.Obtaining a Real Estate Registry certificate of the property three (3) days

3.Drafting a Transfer Agreement ten (10) days

4.Clearing taxes seven (7) days

5.Obtaining a Notarial deed of purchase two (2) days

6.Registration at the Real Estate Registry five (5) days

7.Registration at the Municipal Tax Office and Cadastre Services Registry seven (7) days

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Instructions

1.Applicants must have proof of ownership of land;

2.In order to be able to an original land title, one must be the owner of property or must have the right to use it;

3.Applicants must be aware that a land title is issued after registration of property with the land registry;

4.Ownership rights may be sold or mortgaged;

5.Foreign persons and entities with local residences may obtain land ownership;

6.Land ownership may be individual or joint ownership;

7.Applicants are advised to contact legal persons to assist in drafting transfer agreements;

8.Both parties must sign the transfer agreement in presence of a legal person contacted;

9.An applicant must ensure that the land to be registered has to be registered for real property taxes at either municipal or national level;

10.Also ensure that all taxes relating to the land have been cleared;

11.Applicants are advised to always obtain land from a person registered for with the tax office;

12.The applicant must also be registered with the tax office;

Required Information

1.Name and address of original owner

2.Name and address of applicant

3.Nationality of applicant

4.Description of land (location, plot and block number)

5.The DCU reference number (where the original owner doesnt have a copy of the current real property registration)

Need for the Document

An original land title is issued as proof of ownership of land. In Mozambique, the National Directorate of Land and Forests (DNTF) under the Ministry of Agriculture has the overall responsibility for land management and cadastre thus controls the issuance of land titles in the country.

Information which might help

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Other uses of the Document/Certificate

1.Obtaining a land title means the right of ownership is protected;

2.It also helps to notice public about new ownership of property;

3.A land title is can be used in settling disputes that may arise relating to a given piece of land;

External Links

http://www.doingbusiness.org/data/exploreeconomies/mozambique/registering-property

http://www.landgovernance.org/system/files/Mozambique%20Factsheet%20-%202012.pdf

http://www.indexmundi.com/facts/mozambique/time-required-to-register-property

Others

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