Property Law
Our conveyancing team assists clients in all aspects relating to the transfer of properties in Namibia.
The real estate market is growing rapidly within Namibia. Our team aims to provide investors, corporations, asset and fund managers, and financial institutions in the real estate sector with strategic transactional support. We also focus on guiding the general public on their journey to becoming a new homeowner. Our team is equipped with the experience, skill, and resources to deliver extraordinary and sophisticated service in all aspects of Property/Real Estate in the transferring of Property.
We realise that purchasing immovable property in Namibia is probably the largest investment that most individuals will make, and, in this regard, we aim to provide our clients with the best assistance and commitment to realise their dreams. We are well-known for our speedy turn-around time during the process and commitment to see each matter through.
Our Conveyancing Department not only provides guidance and execution of the Transfer of Property but also provides the following services:
- Negotiating and drafting of agreements;
- Property Transfers;
- Estate Transfers;
- Sectional Title Scheme Registration and Developments;
- Bond Registration;
- Notarial Services (including Leases);
- Drafting and execution of Ante-Nuptial Agreements.
Below is a summary of the Namibian Conveyancing Process:
Step 1: Signature of Deed of Sale
We prepare a Deed of Sale or receive the Deed of Sale for the transaction. The Deed of Sale is signed by both the Seller and the Purchaser.
Step 2: FIA Compliance
In terms of the Financial Intelligence Act, our firm, as an accountable institution, is required to, before establishing a business relationship or conducting a single transaction with a prospective client or an existing client, obtain their FIA documentation, which includes the following documentation:
- Identity Documents;
- Marriage Certificate/Divorce Order (if applicable);
- Proof of Residence;
- Bank Account Confirmation Letter; and
- Income Tax Certificate.
Step 3: Signature of Transfer Documents
We prepare the Transfer Documentation for signature by the Seller and the Purchaser. We arrange for the signature of the aforementioned Documentation. We also prepare the Transfer Invoice to be paid by the responsible party.
Step 4: Bond Cancellation and Guarantees
We request Bond Cancellation Figures if a bond is registered over the Property by the Seller.
We request Guarantees from the Bond Attorney if the Purchaser is registering a Bond over the Property.
Step 5: Building Compliance Certificate
We request the Seller to provide our office with a Building Compliance Certificate or we apply for the same.
Step 6: Transfer Duty/Stamp Duty
Once we receive payment of the Transfer Invoice, we pay the Transfer Duty to the Receiver of Inland Revenue and Stamp Duty to Receiver of Inland Revenue.
Step 7: Lodgment
Once all documentation has been signed, all costs were received and the relevant Receipts/Certificates was obtained from the relevant third parties, we will lodge the transaction at the Deeds Office.
Step 8: Prep
The Transfer Documents will be checked in three stages of examination in order to ensure the correctness of the same. Once the transaction has been checked. It will be on Prep. This process of examination takes approximately 5-10 business days.
Step 9: Registration
The transaction registers at the Deeds Office. We attend to the payment of all the necessary, which includes Estate Agent’s Commission, outstanding water and electricity fees, Bond Cancellation Figures (if applicable) etc. Once the aforesaid payments have been made, we pay the remainder of the Purchase Price to the Seller. We will dispatch the original Deed of Transfer to the relevant party (Bank if there is a Bond/Purchaser if it is a cash transaction).
We always keep the Parties informed of any developments during this process and we are at your disposal for any queries which might arise during the process.
