Navigating the Property Market in Zimbabwe
By Lenon Itai Rwizi
Harare’s Town Clerk has released a report revealing how the city plans to clean up the growing number of illegal structures built across the capital. The report estimates that over 22,000 housing stands and already built properties could go under the hammer. In light of the above, it is important to consider the steps below before purchasing property in Zimbabwe.
Below is a general guideline:
Identify the Details of the Property
Establish whether the seller has a title deed for the property in their name. Also, ascertain if the property has architectural and engineering drawings, and check if the plans were approved by the local authority.
Conduct Due Diligence
This is to ensure that everything is above board—i.e., it meets the requirements for the specific location, pricing, and conditions of payment.
Verify Ownership and Legal Status
Obtain a copy of the title deed. Conduct a deeds search at the Deeds Registry Office to confirm ownership and check for any encumbrances (e.g., unsettled deceased estates, mortgages, disputes, or caveats). For properties without title deeds, confirm ownership with the respective local authority or relevant government ministry. Also, check for the possibility of a double sale.
Negotiate the Terms of the Sale
Discuss the price, payment terms, and any conditions of the sale with the seller. It is advisable to engage the services of a lawyer to facilitate the negotiations.
Drafting of Agreement of Sale
A lawyer or estate agent should prepare a formal Agreement of Sale outlining the purchase price, payment terms, and conditions. Ordinarily, both parties must sign the agreed-upon Agreement of Sale.
Obtain Tax Clearance Certificate
The seller must obtain a Tax Clearance Certificate from ZIMRA to confirm that all tax-related obligations have been met.
Transfer of Title
The seller’s conveyancer prepares the transfer documents, which are then lodged at the Deeds Registry Office. The buyer will be required to pay stamp duty at the point of registration, calculated based on the property value and related procedures.
Handover and Finalisation
After all payments are completed and the title is transferred, the seller officially hands over possession of the property to the buyer. Utility accounts (water, electricity, and rates) should be updated to reflect the new owner.
Lenon Itai Rwizi is a Registered Legal Practitioner of the Superior Courts of Zimbabwe and can be contacted on: +263 774 159 146 or +263 713 967 341, lenonrwizi@gmail.com.
The above does not constitute formal legal advice, nor does it create any type of attorney-client relationship. Please seek legal advice from your own lawyer by contacting the writer via Facebook or any attorney of your choice.
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