Completion Time Frame: 2 days
Completion Costs: 6% property value (actually paid in procedure 4)
Points to Note:
The accounting department of the local government (‘Collectivité territoriale’) issues a payment order for the state fees on the transfer of property (6% of the property value).

Step 2: The payment order is signed by the Registrar (Conservateur)

Completion Time Frame: 7 days
Completion Costs: no cost
Points to Note:
The payment order must be signed by the Conservateur (Registrar).

Step 3: The order payment is sent to the Direction Générale des Recettes Administratives et Judiciares (DGRAJ)

Completion Time Frame: 3 days
Completion Costs: no cost
Points to Note:
The payment order is then sent to the Direction Générale des Recettes Administratives et Judiciares (DGRAJ, General Direction of Administrative and Judicial Revenues) that will prepare the appropriate payment order in order to pay the state rights in a commercial bank.

Step 4: The state fees are paid at a commercial bank

Completion Time Frame: 1 day
Completion Costs: 6% of property value + 4.5 FF (droit d’enregistrement) + 16,070.25 FF (droit de transfert)
Points to Note:
Parties pay of the state fees related to the transfer at a commercial bank. A receipt is obtained.
Concerning the transfer fee: In Congo, precisely in the capital Kinshasa, the city is subdivided in communes. In the land, each commune has an index of reference seen in annex 1 of the interministerial order n°CAB/MIN/ECO-FIN&BUD/AFF.ET/064/2001 of 21 november 2001 fixing the reference price, leases and rents.
For example: for the commune of Gombe, the index is from 0,16FF (0,16$ US) up to an area of 1Ha. Commune of Limete, 0,11FF.
Therefore, one calculates the reference price as index of the commune x rates D.G.R.A.D x area.
Rate of transfer fees = RP x 75
100

Step 5: The sale deed is authenticated by the Registrar of Property (Conservateur des Titres Fonciers) and application made for replacement of the registration certificate

Completion Time Frame: 7 days
Completion Costs: 1.5% – 3% property value
Points to Note:
Since 1973, the law has allowed for the Registrar to act as notary for the specific purpose of registering property titles. This is standard practice. The cost is paid to the Registrar who transfers the fee to the government.
The parties present the sale agreement to the Registrar (Conservateur) acting as a notary, for its authentication. Simultaneously the parties apply for replacement of the registration certificate at the Registry Office. The buyer submits both the registration certificate and the concession certificate to the Conservateur des Titres Immobiliers (Registry Office) to check their validity.
The old record on the registration book is voided with a stamp, adding a comment indicating the reasons of the voidance as well as the date and number of the new certificate.

Step 6: An expert from the Cadastre inspects and values the property and prepares the cadastral plan

Completion Time Frame: 15 days
Completion Costs: USD 34
Points to Note:
The Cadastre is a department within the Registry Office (Conservateur). After the department known as the ‘Service de l’Enregistrement’, also within the Registry Office, checks that all taxes are paid, it transfers the file to the Cadastre. The Cadastre designates an expert to inspect and value the property. The geometric engineers from the cadastre produce the cadastral extracts by verifying the property value, measuring its limits and preparing the cadastral map. The Cadastre checks that the parcel is correctly described and taxes have been paid on the correct value of the property. After this process, the Cadastre sends the file back to the ‘Service de l’Enregistrement.’

Step 7: Conclusion of contract for perpetual occupancy

Completion Time Frame: 5 days
Completion Costs: no cost
Points to Note:
Before delivery of the new title deed (Certificat d’Enregistrement), a new contract for perpetual occupancy (contrat perpetual) must be concluded between the DRC (who is technically owner of all land) and the buyer. This contract allows the buyer to occupy the land indefinitely.

Step 8: New title deed is obtained

Completion Time Frame: 15 – 18 days
Completion Costs: no cost
Points to Note:
The Registrar (Conservateur), acting as notary, asks for payment of any additional taxes, if applicable. Once these are paid, the Registrar nullifies the old title deed (Certificat d’Enregistrement) in the name of the seller and issues a new title deed in the name of the buyer. This serves as the buyer’s new ownership entitlement.