You are on page 1of 7

"The Housing waiting list seems to grow, with citizens alleging nepotism and underhand dealings

and favouratism play roles to ensure the well-connected buy affordable stands whenever they
become available ,leaving ordinary people out in the cold." According to sources
Official figures show that the national housing backlog stands at over 1 million
The option of buying a stand on the open market has proved to be a Herculean task for many
people .With a 300 square metre high-density allotment ranging from US$4 000 to US$15 000
depending on services status.
This is against salaries that are generally below US$150
At the same time, mortgages remain out of the reach of low-income earners.
Also the economic situation in our country has hindered many sellers from accepting mortgages or
doing last minute 'property pull out"

Are you still looking for a genuine stand or house?


Look no further Follow
https://www.facebook.com/pg/realestatehubsolutions/

Deeds
What do we know about deeds?
Who qualifies to have deeds?
Who issues deeds,how to best secure deed?
What is the procedure of getting them?
When buying Land,Stands or houses which ownership would you prefer ?cession or deed?
Deed is the most PREFERRED form of ownership the whole world over.There is also
CESSION ,will talk about it later .
In essence to register a property you would have to obtain a deed document. the deed document
will be prepared by a conveyancer or the lawyers who appear before the registrar of deeds.
This process is normally initiated by the seller who finds a lawyer who in turn prepare all the
documents that are required.
After the seller and the buyer agree with the information that is placed in the deed document, the
buyer pays stamp duty,reg fees,etc the seller pays Rates clearance and cgt then it is taken to the
registrar office for getting registered.

Deed verification coming next !!


For properties with deeds or ready for deeds contact: 0773365795 or like
https://www.facebook.com/pg/realestatehubsolutions/

(*BEWARE OF LAND SCAMS*


AVOID BUYING ILLEGAL STANDS
https://zimmorningpost.com/homeseekers-up-in-arms-with-harare-city-council-over-residential-
stands-saga/

https://www.newsday.co.zw/2020/07/police-hunt-for-6-harare-council-employees/
https://www.herald.co.zw/council-freezes-stands-allocation/
To avoid being caught in such situations when buying stands on cession or ready for eeds ,if you
like the particular property AFTER VIEWING the property ask for the following documents and
information from the developers or selling agent
1. Subdivision permit- issued after layout plans have been approved
2. Development Permit - issued after engineering designs have been approved by Council
Engineers
3. Dispensation Certificate - issued after title survey have been approved by Surveyor General
4. Certificate of Compliance- issued by council
Then verify with the Relevant office to see if they are all legal( Council/Land Developer)
For more information ,questions and suggestions whatsapp 07733655795 ,best wishes to one and
all! NEXT TOPIC- TITLE DEEDS

2)
If there is a Title Deed there is need for Deed search and Verifications!
The title deeds represent the registration of a real right in a property at the Deeds Office.
This registration is intended to remove any doubts as to ownership of a particular property.
A seller shall never fail to avail the DEED or the deed NUMBER along with their Identity details
in form of a certified photocopy of their national ID card .
This will enable the prospective buyer to carry out independent verifications of the Deed and
property and owners.
This is done at the deeds office.
It is imperative on purchasers of a property that they first verify with the Deeds Office the
authenticity of particular title documents as this will put doubts to bed if all checks out or raise
alarms in case of red flags found!eg seller may not be real owner,seller may change names,cases
of stolen Identity and forged papers!
For more information ,questions and suggestions whatsapp 07733655795 or email
hativatyedylan@gmail.com
https://www.facebook.com/pg/realestatehubsolutions

Property titles demystified

Deed of Grant

A Deed of Grant is issued on land where there is no title deed except for a Certificate of State title.

land in Zimbabwe originally belonged to the State before it was bequeathed to private ownership,
a Deed of Grant simply means the granting of state land to an individual (or company) as the first
title.
This is the title that some land developers will have and when they sell stands after developing the
piece of land, purchasers will then be entitled to apply for full title deeds subject to certain
conditions being met.

If the developer or beneficiary fails to meet obligations of grant, the land may revert back to the
State whereupon it may be granted to another beneficiary.

Cession

Cession is the ceding of property by written agreement or treaty with the purchaser getting
immediate rights on the property.
In most situations, title deeds are scheduled to come out at a later period.After this the deeds will
come out in the purchaser’s name.
This method of ownership is common with developers or new developments.
The names of new owners of the developed or developing properties are registered at the
developer’s office which can also be a local council.
Let's analyse the cession requirements offered by council.
The seller of the property must be in possession of an Agreement of Sale, which they entered into
with the council.
They are to approach the district officer in whose jurisdiction the property falls to apply for a
cession.
The seller should take with them personal identification documentation, including their spouse’
personal identification documentation. A spouse must consent to a proposed cession regardless of
whether the spouse is a co-purchaser or not of the property being sold.
The buyer is to accompany the seller when applying for the cession. It is a requirement of the
council that the buyer should have attained the age of majority and be registered on the council
housing waiting list.
It is prudent that buyer brings spouse along with them.

The district officer will complete a cession application which the seller and buyer will sign
together with their spouse.
The district officer will retain a copy of the application on the property file at the district office
and then sends the main copy to the head office.
The district officer will refer the buyer and seller to the head office where cession will be
concluded.
Private developers may have their own internal processes which buyers and sellers have to follow.
This normally is conducted and concluded at their offices of operation.

Sectional Title
This title is normally found in properties located in urban areas. This form of title allows the
owner of land to register a notarial deed against the title deed to the land where he wishes to
transfer an undivided share in the property which will be coupled with an exclusive right of
occupation.

In a situation where there is a block of flats which one intends to dispose as separate individual
flats on one piece of land, the notarial deed will allocate the number of shares to the portion of the
building which will be subject to the exclusive right of occupation.

It will state the rights and obligations of the different property owners with this form of title.

The purchaser of the flat becomes the owner of the allocated share to the land and exclusive to the
particular flat with rights that can be exercised against the world.

Share transfer

This form of transfer occurs when a property is owned by a company normally in the form of a
shelf company.

The company has its name registered in the Deeds Office as the owner of the property.

The only asset in the company will be the property itself. The seller of property will be intending
to sell the company that holds the property.

The transfer of the shares in the company to the new owner inevitably results in the new owner of
company also becoming the owner of the property.

Where the transaction involves a share transfer, one still has to verify with the Deeds Office
whether the company that is purported to own the property does own the property.

Once this is confirmed the potential investor has to visit the Companies House where they are to
request to view the schedule of shares on that particular company. Where the schedule matches the
share certificate available as proof of ownership, then one may proceed with the transaction.

It is, however, imperative in such transactions that one ascertains that there are no other liabilities
affecting the company in which one intends to be a shareholder.

After identifying the property you want in an advert, you contact the agent so that you have an
opportunity to view the property. Take your time to view the property, ask all questions which you
think will help you to make a decision to buy. When you are satisfied, put your offer in writing. At
times it is necessary to tell your agent your offer verbal if your offer is below the seller`s
expectations. Your agent must be in a position to know the lowest bid the seller can take. Once
your offer is placed in writing, the seller must accept it also in writing. This process of offer and
acceptance is a basic legal principle that put value to your transaction.
The agreement of sale
Once the offer is accepted, the registered agent of the agency you are dealing with will draft an
agreement of sale for you. Copies of agreement will be circulated to all parties to allow them to
consult or read the draft before signing. Once all clauses are agreed upon, the agreement of sale
will then be signed.
Deed search
The buyer and the agent need to have a copy of the deed in advance to allow them to have a deed
search. The deed search allows parties to find out if there is a dispute on the property through the
existence of covets, if the property is bonded, or verifying if the seller is the true owner of the
property.
Conveyancers
The seller has the prerogative to choose a conveyancer, but most seller prefer to use the
conveyancers of their agent. The agent will sent copies of agreement of sell to the conveyancers
who will start working with your agent to see through the whole transfer process.
The conveyancers will make you sign an authorization form to allow them to take on your
conveyancing business. This will be done after they have given you a quote on how much it will
cost you (the buyer) to do the conveyancing work. The cost of conveyancing and stamp duty and
vat will cost you between 5% – 9% depending on the law firm. The fees are paid by the buyer.
Buying through a bond

If the buyer is buying through a bond, a copy of the agreement of sale , identification particulars
and copy of the deed are send to the funding bank, all copies certified. The bank will produce an
offer letter that will be used for all Zimra process and deeds transfer.
Zimra – capital gains tax
The conveyancer will arrange for a meeting with Zimra officials to be attended by both seller and
buyer all equipped with the original agreement of sale and identification particulars. If one of the
parties is being represented by a second party , the representative must have a power of attorney
notorised.
The capital gains tax is calculated at 20% of the gain if you have bought your property in us
dollars , e.g if you have bought your property at $100 000 and you have sold it at $150 000, you
have gained $50 000, the gain is the one that will be taxed at 20% as determined by the CGT act.
Where a property was acquired prior to 1 February 2009and disposed after that date, the capital
gains tax will be calculated at 5% of the gross price. The rates are solely a responsibility of
ZIMRA and may change from time to time as it respond to certain issues. This is only a guideline.
The capital gains tax is paid by the seller.
There are exemptions which can be determined by ZIMRA e.g if the seller is above the age of 55
and above (the age limit changes at times to 60 0r 65) , selling a principle house to buy another
principle house, there are so many tax option that depend on the individual.
Once the assessment is done ZIMRA will issue out a tax clearance certificate and you will be
required to pay your tax. If you are buying with a bond the conveyancers will have to submit a
guarantee letter that they will promise to pay once the bank release the loan.
Lodging the deed to deeds office
The conveyancers will then lodge the deed with the deeds office, upon payment of transfer fees to
the conveyancer, he will draft a proposal deed of transfer in triplicate deriving the powers to do so
from the signed and witnessed agreement of sale.
The conveyancers also apply for the rates clearance certificate from the local authority under
whose jurisdiction the property falls. The local authority will provide an assessment of how much
is payable by way of advance rates and outstanding rates if any. Once this money is paid a rates
clearance certificate is issued.
The tax certificate, rates clearance certificate, original deeds, certified copies of parties agreement
of sale , two copies of drat deed, power of attorney to pass transfer, declaration by buyer and seller
are submitted to the deeds office. The deed is changed to the buyer and signed by the Registrar of
deeds, one copy of the deed is filed in the office of the registrar of deed and the second one is sent
back to the conveyancer for onward transmission to the buyer.

Payment of transferFor more information ,questions and suggestions whatsapp 07733655795


Payment on transfer
Once the deed is out, the conveyancers will transfer the purchase price from their trust account to
the seller and hand over the deed to the buyer.
Buying a cession property
After the sale agreement, the estate agent will help you to contact the local authority, developer to
change the cession into the new owner. The buyer maybe required to pay cession fees to change
the property into their name. cession are equally valid property right protected by the laws of
Zimbabwe.
CAPITAL GAINS CLEARANCE CERTIFICATE
A Capital Gains Tax (“CGT”) Clearance Certificate is required to be received from ZIMRA in
order for the Registrar to complete Transfer to Title
Application for such is made by the Conveyancers. Both the Purchaser and the Seller are required
to attend an interview at the Offices of ZIMRA at Ground Floor, Kurima House, corner Nelson
Mandela Avenue and 4th Street, Harare.

Documents required to be presented by the Purchaser are as follows:


Original Sale Agreement
Original Proof of Payment
Certified Copy of Identification document – not a driver’s license
Special Power of Attorney (if required as advised by the Conveyancer)

REGISTRATION OF DEEDS
THIS document will be prepared by a conveyancer or the lawyers who appear before the registrar
of deeds.
This process is normally initiated by the seller who finds a lawyer who in turn prepare all the
documents that are required.
After the seller and the buyer agree with the information that is placed in the deed document, it is
lodged for registration of title with the Registrar of Deeds Office.
This office levies a Stamp Duty fee for examination of the deeds and if necessary will perform an
independent valuation and onsite inspection of the property.But before that there is the Zimra
Interviews where the CAPITAL GAINS CLEARANCE CERTIFICATE is processed
A Capital Gains Tax (“CGT”) Clearance Certificate is required to be received from ZIMRA in
order for the Registrar to complete Transfer to Title
Application for such is made by the Conveyancers. Both the Purchaser and the Seller are required
to attend an interview at the Zimrq Offices .
Documents required to be presented by the Purchaser are as follows:
Original Sale Agreement
Original Proof of Payment
Certified Copy of Identification document – not a driver’s license
Special Power of Attorney (if required as advised by the Conveyancer)

STAMP DUTY
Stamp duty is payable upon lodging of the registration of title with the Registrar of the Deeds ,It is
calculated on purchase price including VAT.
Registration fee US $20
1% for first US $5,000
2% on next US $15,000
3% on the next US$ 80,000
4% on US$ 100,000 and above
Upon signature and registration of the deed, one copy of the deed is filed in the Office of the
Registrar and the second copy returned to the conveyancer for onward transmission to the
purchaser.

You might also like