The new legal regime regarding the Land Register in Angola was published in October; however, the new Law will enter into force only 180 days after its publication. The Law no. 23/21 establishes the administrative record of the data which characterize and identify the real estate existent in Angolan territory.
The Land Register permits the correct identification and localization of the real estate, and the existent rights over it. Will be maintained the differentiation between Land Register, Land Cadastre and Land Matrix, that shall complement each other.
Real Estate will be described in the Land Register according to its physical, economical, and legal features, namely its value, possible functions and types of use, quality of construction, and holders of rights over it.
With the entering into force of the new legislation, the State will presume that all the data recorded in the Register is correct, but the interested parties may prove the opposite. The records will be available to any citizen which has a justifiable interest, without prejudice of the data protection law. The conditions in which citizens may have access to the information will be established in a new legal instrument which is not published yet.
The holders of rights regarding real estate have the duty to collaborate with the Land Register when there is any update concerning it. State and local governments and departments also have the obligation to cooperate with the Land Register Central Service, on the proceedings of execution, renewal and conservation of the Register. Any legal act relative to the real estate shall be inscribed in the Land Register.
This new law also establishes rules on the characterization, administrative and geographical localization, geometric configuration, area, identification number, and value of the real estate.
Each property will have a Certificate, that identifies the real estate with the information referred above, and the respective holders of rights. It is not possible to exercise any registration without the presentation of the Certificate.
Private entities that have recognized technical and professional knowledge, may perform works related with the Land Register, since they have authorization and the respective license issued by the Land Register Central Service. These entities are mandatorily confined to a confidentiality duty.
The execution of the Register in each territory will be noticed with at least a month of precedence and publicized in the provincial government’s headquarters and in the newspaper with broadest circulation.
Any mistake regarding the information inscribed on the Register needs to be corrected and the responsible by the error shall support the correction costs.
The owners of real estate shall inform the Land Register Central Service of the existence of real estate not registered, or of modifications performed in registered real estate which modify its positioning or characteristics.
Article by Marco Correia Gadanha
Marco Correia Gadanha
Marco Correia Gadanha is a partner of the Portuguese law office MC&A. He is specialised in legal advice to international transactions. Marco has extensive experience of legal practice in Portugal and in the Portuguese-speaking African countries. Since 2008, he has practiced mainly in the areas of labor and litigation, assisting national and international clients in these and other matters, namely corporate law, especially in Portugal, Angola and Mozambique. He graduated at the University of Coimbra in 2005 and he holds post-graduations in Labor and Angolan Law.