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Seeking to invest in some sort of land and buildings in Zimbabwe is no trifling
issue; as such, thorough due diligence is non-negotiable. To this end, here are key offices
and institutions one must consult in their quest for truth, as well as organizations with which
they may ally for assistance to that end.
1) Law Society of Zimbabwe: The organization monitors and regulates the conduct of legal practitioners within the borders of Zimbabwe.Jurists will assist with a myriad of vital, real estate related issues, such as, inter-alia, conveyancing, drafting of notarial deeds, conducting of due diligence on behalf of a client (if requested to do so), cancellation of mortgage bonds, notarising a special power of attorney for a local proxy or assignee (if the freeholder is based in the diaspora), writing to the Registrar General’s office if one is not confident as to the authenticity of the identity documents of a prima facie freeholder, helping one decipher what is written on title deeds and agreements of sale if such wade too deep into the waters of “legalese”, writing to the office of the High Court for consent to sell on behalf of a minor (if the freehold interest of the real estate under consideration is registered in the name of a minor, as the State is deemed the guardian of all registered freeholders who are minors), etc .Location of LSZ is 5th Floor, Law Society House,46 Kwame Nkrumah Avenue, Harare
2) Office of the Surveyor General: All genuine real and personal rights to private land
and buildings in Zimbabwe, have their genesis at the Surveyor General’s
office. This point must register, thus, it warrants repetition…all private real estate in
the land of Zimbabwe must have some sort of cadastral data. If there is no cadastral
data, there is definitely no title deed, and one is dealing with State land, which is
typically under the aegis of the Ministry of Local Government and Public Works.
Even when dealing with the issue of personal private property rights via cessionary
agreement (be it property developer cession, council cession or local government
cession), the slated layout plans of the property developer (or subdivision of a
freeholder) must be approved by the office of the Surveyor General by way of a
dispensation certificate, and/or enroute to the obtaining of a subdivision permit.
If there is no traceable cadastral data with regard to the land and buildings under
consideration, then one is cautioned to take the funds they have earmarked for
transaction, and run with them to safety. When it comes to real estate, the number one
rule – the only rule – is the dictum of, “Safety first.”
Location: 5th Floor, Trust Towers,56 Samora Machel Avenue,Harare
3) Deeds Registry: This office contains a comprehensive registry of all the holders of
real rights (freehold interest) to private land and buildings in Zimbabwe.
After payment of a nominal fee, armed with the relevant deed number, one may
obtain all the publicly available data on a landed property (e.g. Details of any caveats,
miscellaneous agreements, mortgage bonds, endorsements such as a sale in progress,
et cetera). If the details tally with the cadastral data (in the form of a survey diagram)
at the surveyor general’s office, corroborate the personal copy of the deed held by the
ostensible freeholder, and the apparent freeholder has been positively identified….not
to mention that they also have a genuine serious intent to sell and contract, then, for
all intents and purposes, a solid foundation has been laid to enter into a clean, clear
property transaction. However, if there is a discrepancy somewhere, and things just
are not tallying or “fitting”, please think twice and have mercy on the hefty funds one
has on hand. Remember…prior to signing an agreement of sale, walking away is a
viable option.
Location : Ground Floor, Century House,38 Nelson Mandela Avenue,Harare
4) Companies Registry: Crucial to consult when a real or personal muniment (e.g deed
of transfer or agreement of sale) is held by a juristic person (e.g. a company). Salient
details such as names of directors, whether or not said company is up to date with its’
returns, memorandum and articles of association, etc, may all be ascertained from this
office.Due diligence with this office is especially key if one is dealing with the mode of
ownership of share-block transfer. If the company in question is in poor legal and
financial shape, it may be best to pass up transacting.
Location : Ground Floor, Century House,38 Nelson Mandela Avenue,Harare
5) Local Government House (Headquarters of the Ministry of Local Government
and Public Works): Generally speaking, all land not registered in the deeds registry
is State land, which is vested in the president of Zimbabwe, and under the aegis of the
ministry of local government and public works. All government buildings are
managed and maintained by the ministry of local government and public works.
When State land is transferred to private entities, this typically occurs via the agency
of the ministry of local government and public works (e.g. Be it an offer letter from
said ministry; the land being ceded to councils, who then sell to private individuals,
property developers, etc). Given this pivotal role, one will likely not go wrong in
consulting the ministry. An ideal port of call, would be to request to consult a town
planner and/or property valuer under the employ of the ministry, as they will likely
possess the expertise and acumen to assist one with their real estate due diligence
query.
6) Cleveland Building, City of Harare (Department of Works): When a survey title
has been approved by the office of the surveyor general, Harare City Council’s
Cleveland Building (namely, their spatial planning department), will gazette the
proposed development in both the government gazette, as well as the relevant local
newspaper(s). Sans demurral, a subdivision will be issued. Thus, within Harare, if one
is presented with a copy of a subdivision permit, and/or a coveted certificate of
compliance, the authenticity of such documents may be verified at the council’s
Cleveland building. Elsewhere in the land, one may approach the valuation
department of the relevant local council.
Cleveland Building, City of Harare, is found at:Corner, Speke Avenue and Leopold Takawira Street, 92 Leopold Takawira Street, Harare.
7) Civil Registry Department: This is where the registration, issuance and
authentication of births, deaths, travel and identification documents of natural persons
(chiefly, citizens) of Zimbabwe, takes place. One may request a notary public in good standing with Law Society of Zimbabwe and/or a director or senior official of a registered company to write to the office of the registrar general of Zimbabwe, to ascertain the verity of identity
documents of a supposed freeholder, if something just seems off, amiss or awry. It is
most never a bad call to err on the side of caution.
The civil registry department of Zimbabwe is situated at:Makombe Building,Corner, Herbert Chitepo Avenue and Leopold Takawira Street,Harare.
8) Ministry of Lands, Agriculture, Fisheries, Water and Rural Development: Sans
townships, more oft than not, when it comes to the purchase and sale of rural and
agricultural land in Zimbabwe, the State has a statutory right of first refusal; thus,
prior to rural and/or agricultural land and buildings being sold to a third party, the real
estate in question must first be offered for sale to the State. If the State is not
interested, the Ministry of Lands, Agriculture, Fisheries, Water and Rural
Development must issue a document known as a certificate of no present interest.
Only after said document has been issued, may a third party purchase the agricultural
or rural real estate in question, with confidence.
For assistance in obtaining the certificate of no present interest, one must report to
the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development, which,
in Harare, is located at: Ngungunyana Building, 1 Borrowdale Road, Harare.
9) Office of the Master of High Court: When one is purchasing real estate mandated
for sale under the auspices of the executor (or executrix) of a deceased estate
(probate), one may verify the bonafides of the professed executor/executrix, as well as
their letters of administration, with the Office of the Master of High Court, by writing
to said master, whose office is situate at:Office of the Master of High Court:
Corner Second Street and Herbert Chitepo Avenue, Harare.
10) Ministry of Women Affairs, Community, Small and Medium Enterprises
Development: If one is interested in acquiring some rights over real estate via a
housing co-operative, then, pretty please, make sure that the very first port of call, is
to report to the Ministry of Women Affairs, Community, Small and Medium
Enterprises Development. When there, please check if the housing co-operative in question, is registered with the ministry; if not, please protect and respect the funds one has set aside to transact, and run for the hills. Short of this, please bury the money in the ground…at least that
way, it is recoverable.
They will be found at:Office 129, Block 4,Makombe Building,Herbert Chitepo Street,Harare.
Tatenda Kangwende
Property Sales Negotiator
Stevensons Realtors
51 Old Enterprise Road, Newlands, Harare
Phone: +263714729043
Email: linkedinprofile.triatoma@aleeas.com
