HOW A FOREIGNER MAY LEGALLY BUY/ACQUIRE LAND IN RWANDA

HOW A FOREIGNER MAY LEGALLY BUY/ACQUIRE LAND IN RWANDA

Laws Applicable.

·         THE CONSTITUTION OF THE REPUBLIC OF RWANDA

·         LAW N° 27/2021 OF 10/06/2021 GOVERNING LAND

·         AMONG OTHERS

LAW N° 27/2021 OF 10/06/2021 GOVERNING LAND in Rwanda defines as an individual without Rwandan nationality, individuals who co-own land, a company, an international organization or cooperative, with legal personality from a foreign country.

Foreigner cannot buy land in Rwanda for other purposes other than investment as of 2021

The land has to be either an emphyteutic lease or a land concession for not more than 99 years (renewable)as per article 16 of LAW N° 27/2021 OF 10/06/2021 GOVERNING LAND

However under Article 6 of the same law A Presidential Order may for exceptional circumstances of strategic national interest approve grant of a freehold title to a foreigner.

Under Article 16 of law governing land in Rwanda A Presidential Order may determine other modalities of land possession by a foreigner.

 A foreigner who wants to buy land in Rwanda should:

·         Identify land that you want to buy.

·         Decide on which kind of investment you need to carryout in Rwanda

·         Identify land that you intend to purchase

·         Find out the price if it is within your budget

·         Find a lawyer to assist you with necessary legal steps ie conducting legal due diligence on you the intended buyer, the intended seller and the land itself.

·         If the outcome of due diligence allows you to proceed with the intended purchase.

·         Negotiate the terms/conditions of the intended purchase with the rightful owner of land or authorized person under the law.

·         Let your lawyers draft the sales contract/agreement reflecting your agreed terms and conditions and share with both the seller and the buyer to confirm whether it reflects your intentions.

·         If all is well, both the buyer and the sellers should execute the sale agreement/contract before a notary public competent in land matters.

·         In case you do not have investment license, engage a lawyer to process for you one.

·         Proceed with the sellers together to take documents to land registry for transfer of the same to your names.

Note: Whereas the Author has taken necessary steps to ensure the accuracy of this article the same does not serve as an advice to a specific person.

Authored by OKUMU MARTIN

Regional Transaction Legal Consultant Advocate

At Noa Regional Associated Advocates and Legal consultants E A

LLM (CANDI,) LLB, PGDLP(DIP LP),PCT OIL AND GAS LAW

Email address: onlinetransactionconsultancy@gmail.com

Whatsapp: +250787311255
Rwanda;+250787311255