(2006-11-01) Registering Property in Botswana


STANDARDIZED PROPERTY
Property value: 1,285,606
City: Gaborone

Registration Requirements:

 
Procedure 1*. Obtain a rates clearance certificate at the Gaborone City council
Time to complete: 7 days
Cost to complete: 1 BWP
Comment: The seller obtains a rates clearance certificate at the Gaborone City Council. 
Procedure 2*. Obtain certificate of compliance at the Lands Department
Time to complete: 10 days
Cost to complete: BWP 100
Comment: 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. This is obligatory where within the conditions of the title deed it is required, such as in this case.
Procedure 3. The conveyancer prepares the deed of transfer
Time to complete: 1 day
Cost to complete: 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 700,00 to 800,000 6350 800,000 to 900,000 6700 900,000 to 1,000,000 7050 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 + 750 + 550 + (all x 10%) = BWP 9185 
Comment: 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.
Procedure 4. The Deed of transfer is lodged at the Deeds Registry 
Time to complete: 7-30 days 
Cost to complete: 5% of value or purchase price above BWP 200,000 (transfer duty) 
Comment: 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.
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 on 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%.
 
 
Note: Procedures sometimes take place simultaneously. Instances of this are marked with an asterisk (*).

Location:
(2006-11-01) Registering Property in Botswana
\r\nSTANDARDIZED PROPERTY\r\nProperty value: 1,285,606\r\nCity: Gaborone \r\nRegistration Requirements:\r\n \r\nProcedure 1*. Obtain a rates clearanc...
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