Private ownership of land itself is recognized but there is no legal means of contracting to transfer smaller land rights (such as the right of customary dominium utile, right of civil dominium utile, surface right) and right to temporary occupation, is common.
Last modified 1 Aug 2019
The Angolan Constitution recognizes private property, however, it also sets forth that the ownership of land belongs to the state. The acquisition and use of land is mainly regulated by the Land Law (Law 9/04, of 9 November 2004), the Land Law Regulations (Decree 58/07, of 13 July 2007) and the Civil Code. Foreign investors due to restrictions to ownership tend to apply for the granting of one of the above-mentioned smaller land rights, the surface right is the most common due to the fact that it offers more security, since it can be granted for a period of 60 years and may be renewed.
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The state enjoys preferential rights and has first preference in the case of sale, accord and satisfaction or tenure of land granted.
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As mentioned above, property transactions are governed essentially by the Civil Code provisions, along with the Land Law and the Land Law Regulations. There are ancillary statutes that also must be considered with regard to this matter, including the Private Investment Law (Law10/18, of 26 June 2018).
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No. The above mentioned laws apply to all.
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The transfer of title must be executed by means of a public deed.
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There is a Land Registry Office and all transfers of title are subject to registration. However, with regard to earliest transfers the existing records are not completely reliable. There has been an effort from public authorities to update the existing records and thus to assure and reinstate confidence to acquirers, both foreign and national. Title insurance does not exist in Angola.
Yes.
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The procedure for the granting of surface rights (the most common title) is organized by the Instituto Geográfico e Cadastral de Angola (Geographical Institute of Angola). The procedure for the acquisition of such rights is as follows:
The concessionaire must register the concession deed with the Real Estate Registry being all costs bear by the applicant now owner of a surface right.
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Yes. Buyers tend to carry out a due diligence process in order to ascertain the current state of the land or property, including to obtain information to confirm title.
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Yes. Depending on the transaction and the legal regime of marriage, consent from a spouse may be required.
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A public deed must be executed, before a notary. Full identification of the parties, the object, price and other conditions must be included.
If the transaction does not involve the state or any other public authority, Parties typically execute first a promissory agreement and only after the deed is signed.
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No. Parties may agree on warranties to be provided by seller however this varies from case to case.
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In the event of misrepresentation by the seller, the buyer can, depending on the circumstances, terminate the agreement or file a legal action for the annulment of the agreement, and claim reimbursement of the amounts paid with an indemnification.
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Relevant areas of public law are:
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Depending on the type of project it may be necessary to obtain an environmental impact assessment study. This document evaluates the environmental feasibility of the project and also the methods for minimizing or neutralizing their effects.
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The zoning and planning laws and regulations for each local region are available to the public and copies of the regulations and local decisions can be obtained. Additionally, all documents related to a parcel of real estate must be analysed during the due-diligence process.
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Both the Private Investment Law and the Public-Private Partnerships Law aim for the execution of these types of agreements and from these regime benefits (namely tax and customs benefits) are available and may be granted.
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Coming soon.
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The purchase of a real estate is subject to transfer tax (SISA) at a rate of 2% (levied on the acquisition amount when equal to or higher than the value registered in the Land Registry Office). Additionally, it is also subject to stamp duty at a rate of 0.3% (levied on the acquisition amount). Stamp duty is also due for the execution of a sale and purchase deed at a fixed amount of AOA 2,000.
Costs are not typically shared and are normally entirely paid by buyer.
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Typically, share deals do not trigger the payment of SISA. However, in the event the purchaser ends up holding more that 50 percent of a company holding real estate and does not prove that the main purpose of the operation is not the acquisition of the immovable properties then SISA is due.
There is normally no sharing of costs and these are normally paid by the buyer.
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Do mandatory pre-emption rights apply to the sale of real estate assets in this country?
The state enjoys preferential rights and has first preference in the case of sale, accord and satisfaction or tenure of land granted.
Last modified 1 Aug 2019