Completion Time Frame: 3 days (simultaneous with procedure 2)
Completion Costs: 1 to 5 BWP
Points to Note:
The seller obtains a rates clearance certificate at the Gaborone City Council, showing that there are no outstanding property taxes to be paid.

Step 2: Obtain certificate of compliance at the Lands Department

Completion Time Frame: 3 days (simultaneous with procedure 1)
Completion Costs: BWP 100
Points to Note:
A certificate of compliance is obtained at the Lands Department. It checks the status of the property on any pending compliance issues linked to it, i.e., compliance with conditions of a title deed like zoning and land usage. This is obligatory where the conditions of the title deed require it, such as in this case.

Step 3: The conveyancer prepares the deed of transfer

Completion Time Frame: 1 day
Completion Costs: Conveyancing fees according to the following schedule:

Property value (in BWP) Conveyance fees (in BWP)
150,000 to 200,000 3,800
From 200,000 to 300.000 4,300
300,000 to 400.000 4,800
400,000 to 500,000 5,300
500,000 to 600,000 5,600
600,000 to 700,000 6000

Formula: 3.800 BWP for the first 200,000 + 500 Pula per 100,000 or part thereof, up to and including 500,000 property value. Whereafter the fee shall be 350 Pula per 100,000 or part thereof, up to and including 1 million. Whereafter the fee shall be 250 Pula per 100,000.
In this case, fees would be: BWP 3800 + 1500 + 1750 + 1250 + 550 + (all x 10%) = BWP 9680
Points to Note:
The lawyer or notary public must prepare the Deed of transfer. It is mandatory for lawyers to prepare the deed of transfer. The parties cannot do it themselves.
The original deed will be in possession of the seller.
For every transaction there is a disbursement of 550 BWP to the attorney + VAT 10% on the total convenyancer plus attorney fees.
The tariffs were gazetted in August 2004.

Step 4: The deed of transfer is lodged at the Deeds Registry

Completion Time Frame: 6 days
Completion Costs: 5% of value or purchase price above BWP 200,000 (transfer duty)
Points to Note:
The deed is lodged at the Deeds Registry of the Attorney General’s Chambers (AG).
The Deeds Registry has employed more staff and changed their organization system. There are now internal time limits. If the usual person is absent, then someone else will complete the step, in order to keep the process flowing. The paper will be at his desk for one day, then go to next examiner, then the next and it is then complete. If all is in order (no mistakes or missing documents), the deed of transfer is endorsed by the Registrar of Deeds (or his delegate) and done in 4 to 5 business days. Once endorsed, one copy is given to the parties’ lawyer, the other is kept at the Registry for public reference.
Transfer duty in the amount of 5% is payable at the AGs revenue office immediately prior to registration. For citizens, the duty is paid only on the amount above BWP 200,000. Non-citizens pay the whole amount.
Where a transaction is on a commercial basis and the seller raises a VAT invoice, transfer duty is not required for registration, on presentation of the receipted invoice. In this transaction, VAT is treated in the normal way, which is as an input/ output setoff item. The rate of VAT is still 10%.