Ministerial Order determining Categories of Land Subject to Freehold and Modalities for Granting Freehold


Rwanda

Ministerial Order determining Categories of Land Subject to Freehold and Modalities for Granting Freehold

Ministerial Order 3 of 2022

Minister of Environment;Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015, especially in Articles 121, 122 and 176;Pursuant the Law n° 27/2021 of 10/06/2021 governing land, especially in Article 6;Having reviewed the Ministerial Order n° 009/16.01 of 23/08/2011 determining the procedure to obtain a freehold land title as amended to date;After consideration and adoption by the Cabinet in its meeting of 14/12/2021;ORDERS:

Article one – Purpose of the Order

This order determines—categories of land subject to freehold;modalities of acquisition of freehold;requirements for granting freehold; andcompliance requirements for the freehold holder.

Article 2 – Categories of land subject to freehold

Categories of land subject to freehold are the following:private owned land developed in accordance with the master plan of the land location and planned for residential, industrial, commercial or social public activities;State land.

Article 3 – Application for freehold

The application for freehold is addressed to the Registrar of land Titles of the zone in which land is located.A person who applies for freehold fills the appropriate form established by the institution in charge of land management and use.

Article 4 – Requirements for an applicant for freehold

An applicant for freehold presents the following:emphyteutic land lease;certificate of land registration;occupancy permit;certificate of registration for a company;certificate of legal personality for a cooperative, a national non-governmental organisation, a faith-based organisation;a copy of Presidential Order approving grant of freehold for a foreigner;a copy of Ministerial Order approving grant of freehold for land exceeding two hectares.

Article 5 – Assessment of the application

The Registrar of Land Titles assesses the received application.When the Registrar of Land Titles finds that the applicant fulfils the requirements, he or she signs the contract for freehold.The characteristics and content of the contract for freehold land title are determined by the institution in charge of land management and land use.

Article 6 – Period for issuance of freehold

The Registrar of Land Titles issues a freehold and a certificate of registration of freehold within a period not exceeding fourteen (14) working days from the date of reception of the application.However, if there is a reason which may prevent from or delay the issuance of freehold or freehold land title, the Registrar of Land Titles, in writing, communicates it to the applicant.

Article 7 – Compliance requirements for the freehold holder

A freehold land title holder complies with relevant laws.

Article 8 – Repealing an order

Ministerial Order n° 009/16.01 of 23/08/2011 determining the procedure to obtain a freehold land title is repealed.

Article 9 – Commencement

This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
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History of this document

22 February 2022 this version
15 February 2022
Assented to