Property Purchase process in Arusha
Property Purchase process in Arusha: The state owns all land in Tanzania. Therefore, there is no private ownership allowed for both citizens and non-citizens.
Nevertheless, the Government grants rights of occupancy of land and derivative rights. A right of occupancy is valid for 5-99 years, renewable. A derivative right, on the other hand, can be held for 5-98 years. For a foreigner to obtain a right of occupancy, s/he is required to be granted first a Certificate of Incentives by the Tanzania Investment Centre (TIC).
There is also the option of obtaining sub-leases on land, which has been granted to the private sector through a right of occupancy. Property Purchase process in Arusha:
Foreigners can only occupy land for investment purposes. There are several ways to be permitted occupancy on land: through obtaining derivative rights from the TIC, application to the Commissioner for Lands, sub-leases, licenses from the Government, and purchasing from holders of rights of occupancy.
Rights of occupancy are transferable, on the condition that it is to be transferred to a foreigner, to be used for investment purposes, with permission from the TIC.
If the foreign investor opts to purchase from a holder of a right of occupancy, a lawyer´s services is needed for the process. The lawyer drafts a Sale Agreement and the seller provides the necessary documents that confirm s/he has a right of occupancy on the property in case and it is clear of any encumbrance.
The notarized Agreement is taken to the Land Office, where the buyer pays for the necessary taxes and fees to have his/her name recorded at the Land Registry. The lawyer also prepares a Transfer Deed, which is submitted to the Municipal Land Office with the Sale Agreement. A Certificate of Occupancy is then sent to the buyer.
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