THE PROCEDURE OF PURCHASING REAL ESTATE IN CAMEROON

Real estate, when it is not the result of a gift or a bequest, is generally acquired through a purchase. Thus, the purchase of real estate is the acquisition of land or a house for remuneration.

It should be noted at the outset that article 517 of the Civil Code distinguishes immovable property according to whether it is "by its nature or by its destination or by the object to which it applies". Only goods by nature are of interest to us in the context of these developments, because the procedure to which we are alluding here refers exclusively to the purchase of real estate, in particular land (unbuilt buildings, land), or buildings (buildings, houses in this case). To learn more about the classification of goods, click here.

In order to acquire the right of ownership, that is to say to enjoy and dispose of goods legally and in the most absolute manner to real estate, it is necessary to respect, as a preliminary, a purchase procedure which is well framed by law. NIMMO-AUTO, leader in the real estate development sector in Cameroon, supports you in this direction. As such, here is a reminder of the services we offer you here.

PRIOR TO THE PURCHASE OF REAL ESTATE IN CAMEROON

Indeed, after identifying the property and agreeing on the price, it is necessary to respect the formalities of use in order to become the owner. But first, we must carry out investigations:

Ask the seller for a copy of his national identity card;

Go down to the site, visit the places; be curious and ask the neighborhood discreetly to find out if the plot is not the subject of a possible dispute and who the owner is;

Find out about the price list (price per square meter in the area), at the Ministry of Commerce or with a notary or a certified surveyor operating in the area;

Check that the seller is the real owner of the building. In this regard, with the land title number of the land, please go to the decentralized service of the ministry in charge of land and state affairs of the location of the building. The act, referred to as a certificate of ownership, costs between 3,000 FCFA and 25,000 FCFA depending on whether you request an express service or not. It will let you know if the seller is the real owner and more, if the land is not prenoted or mortgaged, or the victim of any other grievance.

If the seller instead presents you with a technical fragmentation file in his name, know that the Certificate of ownership will reveal that the land title does not bear his name, but rather that of its seller. In this case, check the certificate of ownership, but be aware that the deed of sale will need to be signed by the seller of your seller.

THE PROCEDURE OF PURCHASING REAL ESTATE

These verifications having been made, please go with the seller, before a notary, for the signing of the certificate of sale of the building, because any act aimed at the transfer of real estate must necessarily take the authentic form. Click here to see a model.

 In addition, if the property you want to acquire is in joint ownership, you must first obtain the consent of all the co-joint owners to purchase it or ask him to provide an authentic power of attorney delegated by said joint owners.

INDICATIVE LIST OF DOCUMENTS TO BE PROVIDED TO THE NOTARY

Copy of the land title;

Copy of the identity documents of the seller and the buyer;

Original of the town planning certificate;

Sketch or plan of the building duly endorsed by the Head of the Cadastre Department of the location of the building and the demarcation report;

Certificate attesting that the State waives the right of first refusal provided for in Article 10 of the 1974 ordinance if the owner is of foreign nationality.

Registration fees, land royalties, capital gains and emoluments are paid directly to the notary for proper follow-up of the transfer request file to the Head of the Estates Department at the location of the building. In practice, the purchaser bears all these charges including the selling price of the property.

In any event, any act of free or onerous transfer of a registered building entails a transfer of the initial land title in the name of the purchaser.

THE NORMATIVE FRAMEWORK OF THE PROCEDURE

Civil Code;

Ordinance n ° 74/1 of July 6, 19764 fixing the land tenure system;

Decree n ° 79-017 of January 13, 1979 relating to private real estate transactions;

Decree No. 2005/481 of December 16, 2005 amending and supplementing certain provisions of Decree No. 76/165 of April 27, 1976 setting the conditions for obtaining the land title;

Decree n ° 95/038 of February 24, 1995 fixing the tariff for notarial acts;

General Tax Code 2021 edition;

Law n ° 2020/018 of December 17, 2020 on the finance law of the Republic of Cameroon.

Do you want to buy land or a house? To benefit from tailor-made assistance as part of the safe purchase procedure for your building, do not hesitate to contact Nimmo-auto, we guarantee professionalism and quality of service.