THE LEGAL AND FISCAL GUIDE TO REAL ESTATE IN SENEGAL

Extract:

1. The title deeds
   The title deed is the notarized act that allows to prove that a third party is the owner of a property.
   1. The land title
      The individual land title is the one that gives the full ownership of a property.
      In Senegal, any individual or legal entity wishing to purchase a piece of land or to proceed with the division of a land title may apply to the Conservateur de la Propriété et des Droits Fonciers (Land Property and Rights Registrar), who will initiate a procedure that will result in the transfer of the property or its division in the name of the applicant. The accompaniment of a notary is mandatory for the procedure to succeed.
   2. The emphyteutic lease
      This is a very long lease (between 19 and 99 years) concluded with a view to making an investment. The emphyteutic lease is a provisional title and differs from an ordinary lease in that it can be registered in the land registry like a title deed and can be mortgaged.
2. PROPERTY TAXES
   The General Tax Code provides for the following property taxes:
   The property tax on built-up properties:
   This is levied for the benefit of local authorities. It is paid on the basis of the annual rental value of these properties on January 1 of the tax year.The land tax on built-up properties is due by the owner or the superficiary on January 1 of the tax year.In addition to the owner or the superficiary, this tax may be due by
   – The usufructuary:
   In case of usufruct.
   – The lessee or emphyteutic lessee: In the case of an emphyteutic lease.
   – The beneficiary or the concessionaire: In case of authorization to occupy the public domain or a concession.
   – The occupant: In the case of occupation of land in the private domain of the State or the national domain, whatever the nature and qualification of the occupation title
   – The lessee :
   In case of leasing. The same applies to goods acquired through Islamic financing when the contract is accompanied by a promise of sale or forward purchase. However, for assets acquired through sukuk subscription, the tax is due by the issuer of the said loan
   – The beneficiary
   In case of a hire-purchase agreement.
   – The tenant:
   When the owner of bare land or land supporting a low-value building leases the land by long-term lease, with the tenant being responsible for constructing, at his own expense, a built-up building which is to revert without compensation and free of all charges to the lessor at the expiration of the lease.