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M.Mweene & Partners

Home / Practice Areas / Conveyancing & Property

Conveyancing & Property Lawyers in Lusaka

Careful conveyancing for buyers, sellers, landlords and lenders, from the first title search to a registered Certificate of Title.

Property transactions, properly documented

Buying or selling land in Zambia is a sequence of steps that each depend on the one before: a search at the Lands and Deeds Registry, a signed contract, the State’s consent to assign, Property Transfer Tax clearance from the Zambia Revenue Authority, a deed of assignment, and registration. A problem missed early, such as an undisclosed caveat or unpaid ground rent, tends to surface late, when money has already changed hands.

From our office in Lusaka, we act for buyers, sellers, landlords, tenants and lenders on property across Zambia. We check the title before you commit, draft or review the contract, manage the consent, tax and registration steps, and tell you plainly about anything in the paperwork that should make you pause.

Sale & Purchase
Title & Documentation

How we can help with conveyancing

How it works

The conveyancing process in Zambia, step by step

Step 01

Search and due diligence

We search the title at the Lands and Deeds Registry to confirm who the registered owner is and whether any mortgage, caveat or other entry affects the property. We also check ground rent, rates and, where relevant, planning permission for buildings on the plot.

Step 02

Contract of sale

We draft or review the contract so that the price, deposit, completion conditions and the seller’s obligations (including delivering a clear title) are written down before money moves.

Step 03

Protecting the buyer

Where appropriate, a caveat is lodged at the Registry to put anyone searching the title on notice of the buyer’s claim while the transaction is completed.

Step 04

State consent to assign

Under the Lands Act, land cannot be sold, transferred or assigned without the consent of the President. In practice the application is made to the Commissioner of Lands at the Ministry of Lands and Natural Resources.

Step 05

Property Transfer Tax

The transfer is assessed by the Zambia Revenue Authority, the tax is paid, and ZRA’s clearance is obtained. Registration does not proceed without it.

Step 06

Deed of assignment and completion

The deed of assignment is signed, the balance of the price is paid, and the original Certificate of Title and other completion documents are handed over.

Step 07

Registration

The assignment is lodged at the Lands and Deeds Registry and the buyer is registered as owner, with a Certificate of Title issued in the buyer’s name.

For a buyer’s checklist, red flags to watch for and the documents to collect at each stage, read our guide: Buying property in Zambia: what to check before you sign.

Zambian law

The law that governs property transactions in Zambia

Lands Act (Cap. 184)

Vests all land in the President on behalf of the people of Zambia, recognises customary tenure, limits when land may be held by non-Zambians, and requires the President’s consent before land is sold, transferred or assigned (section 5).

Lands and Deeds Registry Act (Cap. 185)

Requires documents dealing with land to be registered within set periods, failing which they can be void, and governs Certificates of Title, searches of the register and caveats.

Property Transfer Tax Act (Cap. 340)

Charges Property Transfer Tax on the transfer of land in Zambia, administered by the Zambia Revenue Authority. The rate on land is 8% of the realised value, following the Property Transfer Tax (Amendment) Act No. 27 of 2024; the tax is generally payable by the seller.

Urban and Regional Planning Act (Act No. 3 of 2015)

Governs planning permission and development control, which matters when a property’s buildings or intended use need approval.

Lands Tribunal Act (Act No. 39 of 2010)

Establishes the Lands Tribunal, which hears certain land disputes, including appeals against a refusal of consent under the Lands Act.

This is general information about Zambian law, not advice on your circumstances. The law changes, so we confirm the current position when we advise you.

Who we help

Individuals

Buyers and sellers of residential and agricultural property.

Businesses

Companies acquiring, leasing or disposing of commercial and industrial premises.

Investors & Organisations

Parties assessing title and legal risk before a property commitment.

We advise clients on conveyancing & property from our Lusaka office and across all ten provinces of Zambia.

Before we meet

What to bring to your first consultation

Things buyers and sellers should know

Paying before the search is the most common mistake

A deposit paid to a seller who turns out not to be the registered owner, or whose title carries a caveat or mortgage, is hard to recover. A search costs far less than a dispute, so it should come first.

Customary land and State land work differently

Most titled land is held on leasehold from the State and recorded at the Lands and Deeds Registry. Land in customary areas is administered under customary tenure, usually involving the chief, and can be converted to leasehold under the Lands Act with the chief’s and the local authority’s involvement. Buying customary land needs different checks, and it should not be treated as if it had a Certificate of Title.

Non-Zambians can hold land only in specified cases

The Lands Act limits when land may be alienated to non-Zambians, for example permanent residents, certain investors and companies that meet the Act’s ownership test. Foreign buyers should confirm which category applies before signing.

Leases deserve the same care as purchases

A lease fixes rent, repairs, renewal and the landlord’s rights for years. Business tenants may also have protection under the Landlord and Tenant (Business Premises) Act, so terms are worth checking before signature rather than after a dispute.

Related practice areas

Disputes

Civil Litigation

Personal

Trusts & Estate Law

Business

Corporate & Commercial Law

Business

Investment Law

Conveyancing & property questions

In a typical purchase of titled land: a search at the Lands and Deeds Registry, a signed contract of sale, an application for the State’s consent to assign, Property Transfer Tax assessment and ZRA clearance, signature of the deed of assignment and completion, and finally registration of the buyer as owner with a Certificate of Title in the buyer’s name. The order can vary slightly, but registration is what makes the buyer the owner on the register.

Property Transfer Tax is generally payable by the seller (the person transferring the property). On land, the rate is 8% of the realised value. The contract can deal with how costs are shared, so it is worth agreeing this in writing before signature.

A caveat is a notice lodged at the Lands and Deeds Registry by someone who claims an interest in the land. It warns anyone dealing with the property that the claim exists. If a search shows a caveat, the reason for it should be understood and, where necessary, the caveat removed before you pay or complete.

It depends on how quickly the consent, tax and registration steps move, and whether the title is clean. We give an estimate once we have searched the title and seen the documents, and we keep you informed at each stage.

The law does not force you to use one, but the consent, tax and registration steps are document-heavy, and mistakes can leave a buyer paying for land they do not legally own. Having a lawyer search the title and review the contract before you sign is usually the least expensive point at which to get advice.

Buying, selling or leasing property?

Send us the property details before you sign or pay. We will tell you what the title shows and what needs to happen next.