STANDARDIZED PROPERTY
Property value: 26,799,235
City: Antananarivo
Registration Requirements:
Procedure 1*. Request two topographical extracts with coordinates at the ‘Service de la Topographie'
Time to complete: 5 days
Cost to complete: MGA 1,000 per plan
Comment: These coordinates allow the marking of the property and are expressed in ‘x' and ‘y'. This plan is to be signed by both parties and is annexed to the request for authorization of the real estate transaction. This extract can also be traced by a sworn surveyor to delimit the part of the land to be ceded, in case the transaction does not cede the property in its entirety.
Procedure 2*. Request two copies of the certificate of registration and the legal situation of the land at the Registrar of the Property Registry
Time to complete: 30 days
Cost to complete: MGA 2,000 (MGA 1,000 per copy)
Comment: This certificate is an extract from the property registry books and must have been obtained in the past three months maximum. It gives the situation of the (past) registrations on the Registry books and indicates the identity of the proprietor of the land who has registered his rights to it. It also indicates any encumbrances on the land, if there are any.
Procedure 3*. Request authorization to conduct a real estate transaction at the Ministry of Urban Planning (Ministere de l'Urbanisme)
Time to complete: 3 days
Cost to complete: no cost
Comment: This request is for an administrative document that indicates, by way of a report on the urban plan, if the property is located in specific zones and if it has zoning issues or encumbrances. It is necessary to attach the certificate of the certificate of the legal situation (less than 3 months old) and 5 copies of the plan. Only the Director of the Urban Planning Department is authorized to approve the file. Sometimes, if the Director is away, this can cause delays.
Procedure 4. Stamping and legalization of the signatures on the sale agreement
Time to complete: 2 - 7 days
Cost to complete: MGA 10,000 (MGA 200 per page (x5 pages x 10 copies) for the stamps in the 1er arrondissement) + MGA 1600 - 2000 (MGA 400 - 500 per signature)
Comment: The legalization is a formality made before the town hall who attests that the signature affixed on the sale agreement is actually the one of the person who is namely designated. The legalization is done on the registry form; that is, the signer must present himself before the town hall, justify his identity, and express his free will to consent. It involves mobile stamps—that is, fiscal stamps—that are bought before the fiscal service, the poste office or the town hall, and attached to the pages of the sale agreement. The time and costs vary according to the town hall; there are 6 arrondissements in Antananarivo
Procedure 5. Registration of sale agreement of the Office of Property Registry
Time to complete: 7 days
Cost to complete: 6 % property value for registration fees + 2 % property value for property advertisement + 2 % of additional tax
Comment: This pertains to a fiscal procedure in light of paying the registration fees on the property and the tax on the appreciation of the property.
In addition to the above taxes, Capital gains tax would range from 5% - 25% for a LLC. For purchases above MGA 8 million, a capital gains tax of 25% applies.
Procedure 6*. Request transfer to be recorded on the books at the Registrar of the Property Registry
Time to complete: 60 days
Cost to complete: 1- 2% property value (transfer tax)
Comment: This is the most important procedure in the process. The property right on a land is not unassailable until it has been transcribed onto the books at the Registry.
Procedure 7*. Obtain a copy of the updated property title at the Registrar of the Property Registry
Time to complete: 30 days
Cost to complete: no cost
Comment: The property transfer is recorded in the books and the change made on the duplicate. The reason to split the procedures is for legal certainty. If everything is handed in at the same time, effectively, one gives up any proof of the right to the property for about 2 months. If one separates the steps (as here), the updating of the duplicate would take about 30 days.
Procedure 8. Obtain of the new certificate of transfer and legal standing at the Registrar of the Property Registry
Time to complete: 30 days
Cost to complete: MGA 2,000 (MGA 1,000 per copy)
Comment: The certificate of legal standing serves as evidence that the act of purchase has been actually recorded on the Registry books.
Note: Procedures sometimes take place simultaneously. Instances of this are marked with an asterisk (*).
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