Completion Time Frame: 10-20 days
Completion Costs: no cost
Points to Note:
To conduct the property survey required in Step 2, it is necessary to obtain an authorization from the dean of the civil tribunal of the commune where the property is located. This is obtained after presenting a complete file that will include the bill of sale of the property as well as the previous survey.

Step 2: Survey of property

Completion Time Frame: 50-70 days (simultaneous with Step 3)

Completion Costs: HTG 5250
Points to Note:
A survey of the property is required if the last survey dates from 5 years or more. The survey in question is done by a public surveyor for a specific commune. Because of the issues related to possession and ownership of real estate in Haiti, most buyers choose to have a survey of the property they are purchasing. All persons whose property shares a common border with the property will be invited to witness the survey. Any person present can request a “Referé” which is a quick

Step before a special judge of the civil tribunal who decides on all matters considered urgent. If such a request is made then the survey is suspended.

Step 3: Notary public prepares the sale agreement

Completion Time Frame: 10-90 days (simultaneous with Step 2)
Completion Costs: 2% for notary fees
Points to Note:
The titles are deposited with the notary public, who will prepare the bill of sale.

By law, notary fees are set to 1%. However, the ASNOP (Notary Association of Port-au-Prince) agreed to charge a fixed price of 6 % of sale price. This includes 2% of professional fees and 4% of capital gains tax, transfer tax and other taxes. The notary pays them directly to state agencies.

The added value tax (VAT) is paid by the seller, but it is held by the notary public until the notary decides to transfer the amount to the Direction Generale des Impots (DGI).

VAT is according to the following categories:

-For the sale of property by a limited liability corporation (Societe Anonyme), the rate is 15% of the sale price

-For the sale of land without building or house, the rate is 10%, after applying a discount of 25 % on sale price.

-For the sale of any property were construction was built after the land was bought the rate is 2.5% of the sale price.

-For the sale of land from an allotment the rate is 4 %.

-For the sale of any property including land and building were improvements or transformations have been made, the rate is 10% after applying a discount of 50 % on the sale price.

-For the sale of building or house built on state land when sailing according to the laws, the rates is 2.5% of the sale price.

Step 4: The sale agreement is recorded at the Tax Authorities

Completion Time Frame: 60 days
Completion Costs: 3% of property price
Points to Note:
The bill of sale agreement is recorded at the records office of the Direction Generale des Impots. The 3% fee is set in article 142 of the « loi du 28 septembre 1977 sur l’enregistrement et la conservation fonciere ». The notary has received the funds for the Step before and does the follow up. A one-month frame is established by law for the notary to transfer said funds collected on behalf of the state to the Direction Generale des Impots.

Step 5: Transcription of the sale agreement

Completion Time Frame: 6 – 9 months
Completion Costs: 1% of property price
Points to Note:
The bill of sale agreement is transcribed by hand into a register of the Direction Generale des Impots. The fee is 1% according to “loi du 28 septembre 1977 sur l’enregistrement et la conservation fonciere”. The notary makes the payment with funds obtained previously from the parties.