The right to use land is called a "concession". It is legally established only by a certificate of registration of the land granted by the State. It is unassailable after 2 years from the date of its establishment.
There are two types of concessions:
- Perpetual concession, reserved for the Congolese (with no time limit);
- Ordinary concessions, accessible to Congolese and foreigners (for a period of 25 years renewable without limitation).
Steps to obtain an ordinary concession for agricultural use:
- Identification of the land (contact the Ministry of Land Affairs). ANAPI in this process can assist the investor;
- Signing of an agreement with the customary authority of the place, against payment of a sum of money and material goods in accordance with the custom;
- Land vacancy survey and demarcation by the competent State services (local services of the Ministry of Agriculture and the Ministry of Land Affairs);
- Signing of the concession contract (Registrar of Immovable Titles of the jurisdiction): valid for a period of 3 years;
- Establishment of the registration certificate by the Registrar of Immovable Titles of the jurisdiction;
- The validity of the registration certificate is 25 years renewable for foreigners.
Agricultural land shall be granted to farmers and developed under the following conditions:
- Be a natural person of Congolese nationality or a legal person governed by Congolese law whose shares or stocks, as the case may be, are majority-owned by the Congolese State and/or nationals;
- Have a known residence, domicile or registered office in the Democratic Republic of the Congo;
- Present proof of his registration in the Trade and Personal Property Credit Register, if he is a trader;
- Justify the financial capacity likely to bear the burden of the development of the concession;
- Produce an environmental and social impact study.
Contact: Ministry of Agriculture
Crossroads of Boulevard 30 Juin and Avenue Batetela, Kinshasa/Gombe
The Democratic Republic of the Congo