What documents you need to transfer property

Most delayed transfers are delayed by one missing piece of paper. This is the list, in the order you will need them.

From the seller

The original title deed or lease. National ID. Proof that ground rent and any city rates are paid up to date — an outstanding balance becomes your problem the moment the property becomes yours. Where the property is held by a company, the company's registration documents and a resolution authorising the sale.

Where the registered owner has died, the estate must be administered first and the personal representative must have authority to sell. Ask to see that authority, not a family agreement.

From the buyer

National ID or passport, and your TPIN. If you are borrowing, the bank's offer letter — the bank will run its own valuation and its own search and will not release funds until it is satisfied with the title.

Produced during the transaction

A written sale agreement, drawn by a lawyer, naming the parties, the property, the price, the deposit and the completion date. An official search result against the title, obtained by you or your lawyer. A valuation where one is required. Where the lease requires it, the Minister's consent to the transfer — this is a real step with a real waiting time and it is the most common cause of a transfer taking months rather than weeks.

Then the transfer instrument itself, stamp duty paid, and registration at the Lands office. The transaction is complete when the register shows your name, not when the money arrives.

Costs to budget for

Legal fees, stamp duty, consent and registration fees, the search fee, and a valuation if the bank or the revenue authority requires one. Rates and amounts change, so get current figures from your lawyer at the start rather than working from a number somebody quoted you last year — and agree in the sale agreement who pays which.

Common questions

Who pays stamp duty in Malawi, the buyer or the seller?

It is normally the buyer, but it is a matter for the sale agreement. Settle it in writing before signing rather than discovering the assumption was different on completion day.

Do I need a lawyer to transfer property?

You are not legally obliged to use one for every step, but the transfer instrument, the search and the registration are exactly where a mistake is expensive and hard to undo. On a transaction of this size the fee is cheap insurance.

What is the Minister's consent and do I need it?

Many public leases require the consent of the Minister responsible for lands before the lease can be transferred. Whether yours does is stated in the lease. If it does, allow for the waiting time in your plans.