What is a land purchase?
A real estate purchase is the purchase of a lifetime.
Either you spend a lot of money, or you commit yourself with a real estate loan for years to live under this roof and within these walls that you will have chosen.
This is why your decision must be accompanied by all the fundamental precautions that surround this type of acquisition, namely: make sure of the quality of the property itself, the quality of the environment, make sure to formalize it in the norms and make sure at the end of the process to have a definitive title of property.
References
CFD = Land and Property Code
(Law n°2017-15) The land tenure system in force in the Republic of Benin is that of the confirmation of land rights determined by the provisions of Title III of this Code. It governs all rural, peri-urban and urban land. Within the meaning of this Code, the documents presuming ownership are: the certificate of customary ownership, the certificate of resettlement, the tax notice for the last three years, the certificate of registration, the administrative certificate and the rural land certificate.
Property is acquired and transmitted by succession, donation, purchase, will and exchange.
Property can be transferred by sale or acquired by purchase.
The sale of an immovable is an agreement by which the seller transfers or undertakes to transfer an immovable property to the buyer in return for payment of an agreed price.
The purchase of an immovable is an agreement by which the buyer acquires or undertakes to acquire an immovable property from the seller in return for payment of an agreed price.
Any natural or legal person of Beninese nationality may acquire real estate or land in the Republic of Benin. Non-nationals may acquire real estate in urban areas in the Republic of Benin subject to reciprocity agreements or international treaties or agreements. Commercial, industrial or residential leases may be concluded by non-nationals settled in the Republic of Benin. Diplomatic and consular representations and international organizations established or operating in the Republic of Benin may also acquire real estate there, subject to reciprocity agreements or international treaties or agreements.
Subject to the capacity dealt with in article 14 of the CFD, the formalization of this mode of access to property differs according to whether the property is in an urban, peri-urban or rural area.
The Agence National du Domaine et du Foncier (ANDF) exercises a right of pre-emption on all transactions carried out on rural land.
Any sale made on rural land which has not obtained the Agency’s approval or the pre-emption notice is null and void.
A decree issued by the Council of Ministers will specify the modalities for exercising the right of pre-emption.
What you need to know
Subject to the capacity of the purchaser, the formalization of this mode of access to ownership differs depending on whether the property is in an urban, peri-urban or rural area.
Real property with land title
Subject to the provisions of Article 14 of the CFD, formalization is done before a notary (purchase in full⇒ assignment or part⇒ partition).
Construction without land title
Here, as a first step, the purchaser must require one of the deeds of presumption of ownership in Article 4 of the CFD; with the exception of the certificate of customary ownership.
The formalization comes next. It takes the form of a provisional sale agreement or a procès-verbal of presumption of ownership claimed, a private deed deposited in the minutes of a notary or a notarial act.
With or without a Land Title, the steps to follow are :
1- Solicitation and notification of pre-emption by the State (Article 362 of the CFD by the seller)
2- Elaboration of a development project (within the framework of the acquisition of more than 2 ha) to be submitted to
The approval of the communal council after the reasoned opinion of the Land Management Commission (CoGeF) ]2ha ; 20ha] ;
The favorable opinion of the National Land and Property Agency (ANDF) after approval by the communal council [ 20ha; 100ha] ;
Approval by the Minister in charge of land tenure (MEF) after a favorable opinion from the National Agency for Land Tenure (ANDF) and approval by the communal council ]100ha; 500ha] ;
Approval by the Council of Ministers after approval by the Minister in charge of land tenure (MEF), a favorable opinion from the National Land and Property Agency (ANDF) and approval by the communal council [ 500ha; 1000ha].
Note: No land acquisition in Benin can exceed an area of 1000 ha.