STANDARDIZED PROPERTY
Property value: 971,416
City: Windhoek

Registration Requirements:

 
Procedure 1. Search in the Deeds Office in Windhoek to obtain the correct description of the owner of the land and the property description
Time to complete: Up to 3 days
Cost to complete: No cost
Comment: A conveyancer conducts a search in the Deeds Office in Windhoek to obtain the correct description of the owner of the land and the property description.
Peruse title deed for interdicts, bonds registered against property, servitudes.
 
Procedure 2*. Conveyancer collects required documentation and drafts transfer documents 
Time to complete: 7 days
Cost to complete: Conveyance fees according to an official fixed schedule. For property values above NMD 500,000, the fees are NMD 6,000 + NMD 800 per each NMD 100,000 or part thereof up to NMD 1 million + NMD 400 per each NMD 100,000 or part thereof up to NMD 5 million + NMD 200 per each NMD 100,000 or part thereof. 
Comment: The conveyancer collects all the necessary documentation (pre-payment of taxes and services accounts (water and lights, etc.), particulars of transferee with birth, marriage and ante nuptial contracts (for natural persons), registration documents for companies or non-natural persons, for powers, ability to transfer or take transfer), and drafts the transfer documents, which include a power of attorney to transfer, transfer duty application form, transfer duty declarations for both transferor and transferee, as well as statement of transfer cost with provisions for (i) stamp duties and (ii) transfer duties.
The Conveyancer will need to inquire with the city Cash Office whether the outstanding taxes of utilities fees are owed. If the property does not have any debts, the purchaser will receive a Clearance Certificate and the process takes 1 day. If it does, the buyer and seller will renegotiate the deal, typically subtracting the amount owed from the selling price.
Conveyance's fees are calculated according to an official fixed scale depending on the purchase value of the property. Fees are ad valorem on a diminishing curve (from 25% to 0.01%).
 
Procedure 3*. Conveyancer requests pre-payment of taxes and service accounts from Municipality
Time to complete: 1 day (included in proc 2)
Cost to complete: No cost
Comment: All outstanding taxes and service accounts related to the property have to be paid prior to property registration. The conveyancer only contacts the municipality to receive information on the total outstanding amount (including water, light, any taxes). 
Procedure 4. Parties sign documentation at conveyancer's office; purchasing company pays the transfer costs and furnishes the conveyancer with the original title deed of the property
Time to complete: 1 day
Cost to complete: Included in Procedure 2
Comment: Parties sign the documentation at conveyancer's office. The purchasing company pays the transfer costs and the seller furnishes the conveyancer with the original title deed of the property.
Once the draft deed is prepared, it is signed by the selling and purchasing parties (either owner or authorized representatives). The amount for transfer duties and stamp duties is paid to the conveyancer. If the property to be transferred includes commercial buildings, VAT (15%) is charged on the purchase price.
 
Procedure 5*. The conveyancer applies to the Receiver of Revenue for a transfer duty receipt
Time to complete: 3 days
Cost to complete: 8% of purchase price
Comment: Transfer duty is a government tax which is payable on the value of the immovable property acquired. It is 8% if the property is commercial and the purchasing party a commercial company.
The transfer duty is supposed to be paid by the seller and not the buyer; however, in practice, lawyers often convince the buyer to pay it.
 
Procedure 6. The conveyancer obtains a rates clearance certificate from the Municipality 
Time to complete: 1 day
Cost to complete: No cost
Comment: If there are pending payments or taxes, these will have to be paid before the registration can be completed. The conveyancer prepares a certificate certifying pre-payment of taxes and services. 
Procedure 7. The conveyancer prepares a new Deed of Transfer and lodges it with the Deeds Office in Windhoek for examination and registration
Time to complete: 7 days
Cost to complete: Included in procedure 2
Comment: The registration fee was recently increased from NMD 50 to NMD 300 per transaction lodged at the Deeds Registry. 
Procedure 8*. The conveyancer purchases revenue stamps to affix to the Deed of Transfer
Time to complete: 1 day 
Cost to complete: NMD 100 + NMD 10 for each NMD 1,000 after 20,000 (from purchase price)
Comment: Stamp Duty is payable to the Receiver of Revenue on a Deed of Transfer.
Procedure 9. The Deed of Transfer is signed in the presence of the Registrar of Deeds and ownership of the property is transferred
Time to complete: 1 day
Cost to complete: Included in procedure 2
Comment: The conveyancer signs the Deed of Transfer in the presence of the Registrar of Deeds. The Registrar then signs the Deed of Transfer and ownership of the property is then transferred.
 
Note: Procedures sometimes take place simultaneously. Instances of this are marked with an asterisk (*).