STANDARDIZED PROPERTY
Property value: 925,772
City: Blantyre
Registration Requirements:
Procedure 1. Search for encumbrances at the Lands Registry
Time to complete: 1 day
Cost to complete: MWK 500
Comment: Conduct a search at the Deeds Registry to ensure that no encumbrances are still pending on the property.
Searches in the land registry do not take a long time. The search can be conducted either by the title number (faster) or by plot number (slower). Malawi still has two systems of land title registration i.e. Title registration under the Registered Land Act and Title registration under the Deeds Registration Act. The former is simpler and searches are also simpler and quicker.
If it is just one property search it takes no more than 15 minutes in the Title Registry but it may take longer in the Deeds Registry because of cross referencing. For one property it could take on average about an hour.
Procedure 2. Search for unpaid city taxes at the Municipality
Time to complete: 1 - 7 days
Cost to complete: free of charge
Comment: Search if the Property has unpaid city taxes at the Municipality.
The system is computerized and it is just a matter of punching in the Rate Payer's details and the account comes up on the screen with all outstanding rates arrears. One can call to obtain the initial information, but this information cannot be used for official purposes. However, a written certificate is required to be signed by the Chief Executive, which substantially extends the time.
Procedure 3. Apply to Ministry of Lands for consent to transfer the property
Time to complete: 90 days (on average)
Cost to complete: MWK 1,000
Comment: Apply to Ministry of Lands for consent to transfer the property. The Ministry must give approval to the transaction. The process starts with an application to the Regional Commissioner for Lands, who then forwards the application with an accompanying memo to the Principal Secretary at the Ministry of Lands, who then passes it on to the Minister's office. In practice, the process can often take 6 months or more.
Procedure 4*. Stamping of the conveyance deed and relevant documents at the Registrar General's office
Time to complete: 1 day
Cost to complete: 3% of property value
Comment: The deed application and other relevant documents are taken for stamping at the Registrar General's office.
The other relevant documents includes: personal identification of the people in charge of the registration procedure, consent certificate from the Minister of Lands (obtained in Procedure 3), old deed provided by the seller, and encumbrance search certificate (obtained in Procedure 1)
If done in person will take 1 day, but by mail could take 1 month.
Procedure 5*. Obtain a Tax Clearance Certificate from the Malawi Revenue Authority
Time to complete: 7-30 days
Cost to complete: free of charge
Comment: Apply for a Tax Clearance Certificate from the Malawi Revenue Authority. Can take up to 1 month or longer depending on how readily personal tax information is made available to MRA by seller.
Procedure 6. Apply for registration at the Deeds Registry
Time to complete: 7 days
Cost to complete: MWK 2,000
Comment: The parties take all the documents for registration at the Deeds Registry that will issue a title deed under the name of the buyer.
Registration of title takes on average 1 week (can even be done in 1 day).
The documentation shall include:
Stamped deed (obtained in Procedure 4)
Tax clearance certificate (obtained in Procedure 5)
Note: Procedures sometimes take place simultaneously. Instances of this are marked with an asterisk (*).
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