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Investment & Legal Framework
mit the documents to the Commissioner of Lands.
The Commissioner will then make formal offer to
the applicant.
The letter of offer will stipulate among other con-
ditions:
• The Consideration Fee
This is not a fixed amount and is dependent upon
the locality, services provided by the state or
council and other related factors.
• The Survey Requirements
A private or governmental Surveyor can carry this
out. Submission of a legal diagram or plan at-
tached to the lease agreement is a mandatory re-
quirement prior to the issue of Certificate of Title.
• The Preparation Fee
The office of Commissioner of Lands charges
fees for preparation of lease. These fees are
fixed by statutory instrument, but are subject to
change.
• The Registration Fee
Fees charged by the Lands and Deeds Registry
before lease is registered and certificate of title
issued.
• The Property Transfer Tax
Under the Property Transfer Tax Act, if land is
purchased from a private person then currently
2.5% of the value of land is paid to the Zambia
Revenue Authority by the vendor. No tax is pay-
able where land is acquired from the State.
Upon acceptance of the offer and payment of
these charges, a 99-year lease to transfer the ti-
tle will be prepared. If the land has already been
surveyed the title deeds will be issued within 60
days, if not, the process can take up to 3 months
or more.
Alienation of State Land
Acquisition of land in an area designated as
State Land will require consent of relevant Dis-
trict Council. Land which does not fall within the
jurisdiction of any council, can be alienated upon
direct application to the Commissioner of Lands.
The Commissioner of Lands will then make a
formal offer to the applicant, which will contain
similar conditions to those obtaining in the offer
made for an application of land situate in the Cus-
tomary Area.
Purchase of Private Land
Land in private ownership can be bought and sold,
with title deeds issued by the Commissioner of
Lands.
In all instances ‘State Consent’ will have to be ob-
tained by the vendor before title deeds can pass to
the purchaser.
The ZDA is working with the Commissioner of
Lands to develop a fast tracking system for identify-
ing land for investment in the priority sectors. The
process will include: identification of the land, ap-
plication for the land on behalf of the licensed in-
vestor and quick land administration approvals from
the chief, local authorities, provincial fiscal planning
departments, and the Commissioner of Lands, to
ensure that all the processes are completed within
a short period of time.
Lands Tribunal
The Land Act of 1995 also provides for establish-
ment of a Lands Tribunal to speed up the resolu-
tion of land disputes. A person who is qualified to
be a judge of the High Court heads the Tribunal.
Decision of the Tribunal is subject to appeal to the
Supreme Court within 30 days of the decision.
Common Leasehold Schemes Act of 1994 – De-
velopment of Multiple Units
Under this scheme it is now possible to purchase
a unit in a block or blocks of flats, offices and any
other multiple developments.
The Act also provides for phased development to
enable the developer to dispose of units in each
phase to release money for developing other phas-
es
Information on Land Availability
• Offices of the Commissioner of Lands which are
in all provinces
• Council and Commissioner of Lands advertise-
ments in national press
• Real Estate Agents
• Zambia Development Agency in liaison with Min-
istry of Lands
• Direct contact with Chief and District Council
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