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REGISTERING PROPERTY IN UGANDA

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 2010.


 Stage 1

Request a search and obtain Consent form to transfer at the Registry of Titles

Request a search in the Land Office in Properties. The registry gives a ticket with the amount to be paid, which one takes to the bank to pay in full.

Agency: Land office

1 day : no cost

Stage 2

Pay search and consent fee at Commercial Bank

To facilitate the official fees payment process, the government now allows citizens to pay at any bank commercial bank. For every procedure in which fees are paid, one first begins the procedure at the land registry, obtains a ticket there with the amount due, takes the ticket to the bank, pays that amount plus bank fees, and obtains a receipt that will later be presented again at the land registry to complete the procedure. Because all official fees are now paid at more than one bank, citizens do not need to pay and come back the following day to obtain the receipt.

Agency: Commercial Bank

1 - 2 days:UGX 25,000 (UGX 10,000 search fee + 2,500 bank fee, UGX 10,000 COnsent fee + 2,500 bank fee

Stage 3

Contract surveyors to measure the property’s boundaries

A surveyor is engaged to measure the property’s boundaries, and establish its size. This is mandatory. Uganda is a common law country that follows the Torrens system of registration of land. The time to complete varies from surveyor to surveyor and is also affected by the size and location of the property. On average a survey can be completed in 3 days. The cost of the survey depends on the size of the plot and not on the value of the plot. Good surveyors charge on average UGX 500,000 to open the boundaries of an average sized plot.

3 days:UGX 500,000 on average


Stage 4

Conduct a search at the Registry of Titles

Parties conduct a search in the Land Office of Properties. The receipt of payment of the search fee from the bank must be presented. At this time one also picks up the consent to transfer application.

Agency: Registry of Titles

1 day:(already paid at the bank)

Stage 5

Lawyer drafts sale agreement

It is not mandatory to use a lawyer to draw up the sale agreement or conduct the transaction, but in our case it would be common practice.

1 day:1% - 2% property value (to conduct entire transaction)


Stage 6

Valuation of property for transfer purposes by Chief Government Valuer's Office

A government valuer will inspect the property in order to determine its valuation for transfer purposes and for assessing and paying stamp duty.

Agency: Chief Government Valuer office

1 month:no cost

Stage 7

Obtain Assessment form for payment of stamp duty from Uganda Revenue Authority

Once the Chief Government valuer has given his consent on the cost, the file is taken to the Ugand Revenue Authority, where an assessment form for Stamp duty is provided. At that time, the name of the designated bank will be provided.

Agency: Ugand Revenue Authority

1 day:no cost

Stage 8

Payment of stamp duty at the designated commercial bank

Stamp duty must be paid at the commercial bank before registration. To control the revenue from official fees, the government now requires that they be paid only at the commercial bank. In the first instance there is an assessment form which is taken to the bank and payment is made. The Bank will inform the Uganda Revenue Authority that payment has been received. There is a reconcilation process between the Bank and the Uganda Revenue Authority which can take up to 3 days.

Agency: Commercial Bank

7 days:1% of property price (of the government’s valuation)

Stage 9

The sale contract is embossed by the Ministry of Finance

Once the reconciliation is done, the Uganda Revenue Authority will deliver the Sale agreement to the Ministry of Finance. The Uganda Revenue Authority will then embossed the Sale Agreement with the amount paid as stamp duty and then issue an original receipt of the amount paid.

Agency: Ministry of Finance

1 day:no cost

Stage10

Obtain consent to transfer from Land Office

The transfer forms are lodged with the Land Office in order to obtain consent to transfer. The receipt of payment of the consent fees must be presented. When the transaction involves companies, they must file with the companies registry a special resolution authorizing the transaction, which costs UGX 20,000.

Agency: Land Office

5 - 10 days:(paid in procedure 12)


Stage11

Present documents to the Kampala City Council

The embossed sale agreement is given to the Kampala City Council for assessment of Registration Fee. An assessment form is given providing the amount to the paid for Registration Fees. This form will also provide the name of the designated bank where payment is to be made (Orient Bank).

The documentation shall include:
Signed sale agreement
Receipts of stamp duty payment (obtained in Procedure 6)
Companies’ resolutions to buy and sell


Agency: Kampala City Council

1 day:no cost

Stage12

Payment of registration fee at a commercial bank

Registration fees must be paid in a desingated commercial bank to continue with the registration process. Actual transfer fees are UGX 10,000 in case of leases, perusal fees UGX 5,000 and other charges which add up to about UGX 22,500. In the case of leases there is a consent fee which is also paid before payment of stamp duty in this case in the land administration section of UGX 10,000. In the first instance there is an assessment form which is taken to the bank and payment is made. The registration fee is a fixed fee.

Agency: Commercial Bank

1 day:UGX 22,500 (UGX 20,000 in fees + 2,500 bank fee) + UGX 20,000 (registration of companies' resolutions)

 


Stage13

The sale contract is lodged at the Land Office

The sale contract is lodged at the Land registry, where it will be transmitted to the Registrar who will pass the Instrument of Transfer. The file goes to typing and is then sent to the Commissioner in charge of Land Registration for verification. The registrar cancels out the old owner in handwriting and signs against the new owner. The buyer and seller must now provide a passport size photograph.

The documentation shall include:
Receipts of payment for registration fees
Photo ID of both Seller and Buyer


Agency: Land Office

21 days:(already paid at the bank)
 

Source:IFC/ World Bank