22 000 Harare Homes Face Demolition Over Illegal Land Deals – Steps to Consider when Acquiring a Property in Zimbabwe

Guidelines for Safely Navigating the Real Estate Market in Zimbabwe
By Lung Leeen I’m wrong

Harare’s Town Clerk has revealed a plan to address the issue of illegal structures sprouting up across the city. The report suggests that around 22,000 housing plots and existing properties could be put up for sale. In light of this, it is crucial to follow the steps below before buying property in Zimbabwe.

Here is a basic outline:
1. Verify Property Details
Check if the seller holds a title deed for the property in their name. Confirm the existence of architectural and engineering drawings and ensure that the plans have been approved by the local authority.

2. Conduct Due Diligence
Make sure that all aspects comply with regulations, such as location-specific requirements, pricing, and payment terms.

3. Confirm Ownership and Legal Status
Obtain a copy of the title deed and conduct a deeds search at the Deeds Registry Office to verify ownership and check for any potential issues like outstanding estates, mortgages, disputes, or caveats. For properties lacking title deeds, verify ownership with the local authority or relevant government department. Also, be wary of the risk of double selling.

4. Negotiate Sale Terms
Negotiate the price, payment conditions, and other terms with the seller. It is advisable to involve a lawyer in the negotiation process.

5. Draw Up a Sale Agreement
Have a legal professional or real estate agent draft a formal Agreement of Sale detailing the purchase price, payment terms, and conditions. Both parties should sign the agreement.

6. Obtain Tax Clearance
Ensure the seller provides a Tax Clearance Certificate from ZIMRA to confirm compliance with tax obligations.

7. Title Transfer
The seller’s conveyancer will prepare transfer documents for submission to the Deeds Registry Office. The buyer will need to pay stamp duty during registration, based on the property value and relevant procedures.

8. Handover and Finalization
Once all payments are settled and the title is transferred, the seller formally hands over the property to the buyer. Utility accounts (water, electricity, rates) should be updated to reflect the new owner.

Lenon Itai Rwizi, a Registered Legal Practitioner in Zimbabwe, can be reached at +263 774 159 146 or +263 713 967 341, [email protected].
The information provided does not constitute formal legal advice or establish an attorney-client relationship. For legal guidance, consult your own lawyer or contact the writer via Facebook or any attorney of your choice.