Buying off-plan in Togo: advantages, risks and precautions before signing

Buying off-plan in Togo means paying for a home that does not yet exist or is still under construction. Togolese law does not provide a special regime for off-plan sales (VEFA). The transaction falls under general contract law, urban planning decrees and land rules. It often offers a lower entry price than an existing property, but it carries risks of delay, abandoned construction or land disputes if the buyer fails to check the developer's credentials and the legality of the land.

What Togolese law says

Togo has not adopted the modern French Civil Code articles on VEFA. The Civil Code in force in Togo dates from 1956, before that reform. The sale of a building to be constructed is therefore governed by the general rules of sale and local land law.

Construction itself is regulated by Decree No. 2016-043/PR of 1 April 2016 on the regulation of urban planning permits. This decree requires a building permit before any work begins. The developer must apply to the local administrative authority, submitting plans drawn up by a registered architect. The permit is only issued if the project complies with the local urban planning document and the zoning rules. The decree also defines the project owner as the person on whose behalf the works are carried out.

Upon completion, the developer must obtain a certificate of conformity, which certifies that the building complies with the permit. Without this document, the building is irregular.

Land matters fall under the Code foncier et domanial (Law No. 2018-005 of 14 June 2018). This code establishes the registration of immovable property as the general rule (article 5). For the transfer of ownership, the Civil Code requires a notarial deed for the sale to be valid and enforceable against third parties. The notary checks the land title and the identity of the seller. A private contract, even drawn up by a developer, is not enough to make you the owner. Have any draft contract reviewed by a notary or a lawyer before signing.

Advantages and risks

Concrete advantages

Three advantages often justify this formula in Togo.

• Price. A new home sold before construction is generally negotiated below the price of an equivalent existing property in Lomé. The developer secures cash flow and accepts a reduced margin.
• Staged payment. Contracts often provide for a payment on signature, followed by instalments linked to construction stages: completion of foundations, wall erection, watertight roof. This schedule eases pressure on the buyer's budget.
• Customization. The buyer can sometimes choose flooring, kitchen layout or the position of certain partitions, provided the contract precisely describes these options and their cost. This formula also appeals to members of the diaspora preparing a return to the country.

Risks to anticipate

The first risk is late delivery. The stated timelines depend on obtaining the permit, the rainy season and material availability. A delay of six months to a year is not uncommon.

The second risk is abandonment of the site. If the developer runs out of cash or has sold more lots than it is entitled to on insecure land, work stops. Buyers are then left with an unfinished property and money that is hard to recover.

The third risk is a gap between the plan and the finished building. Without a detailed specification annexed to the contract, the developer may substitute lower-quality materials or reduce living space. The developer may also have obtained a permit for a three-storey building and sell five; if the administration stops the works for exceeding the height limit, the buyer bears the loss.

The fourth risk is land-related. If the land is not registered in the developer's name or is subject to a village dispute, the buyer can lose the investment. The Code foncier et domanial makes registration the rule for securing rights. Under Togolese law, only a land title provides incontestable proof of ownership.

Finally, the cost of credit. The BCEAO key rate has been set at 3.00 % since 16 March 2026, according to Financial Afrik on 9 September 2026. Togolese banks apply significant margins: the effective rate on a home loan often exceeds 7 % to 9 %. A buyer relying on bank financing should obtain a preliminary approval before signing.

Precautions before signing

Demand a copy of the building permit issued in the developer's name for the specific project. Check that it carries the subdivision reference and the authorized floor area.

Have the contract drawn up by a notary, not by the developer alone. The document must describe the lot precisely, state the living area, the contractual delivery deadline, late penalties per day or month, the exact payment schedule and the list of finishes.

Visit the site at every payment stage. Take dated photographs. Keep all receipts and transfer records.

Check the land title. The notary must confirm, under the Code foncier et domanial, that the land is duly registered in the seller's name, free of mortgage or seizure. If you are buying from abroad, grant power of attorney to a trusted professional to visit the site and execute the deed. Never pay money into a personal account; use an escrow account held by a notary or bank.

Frequently asked questions

Can the developer demand full payment before delivery?

No. In the absence of a specific VEFA law in Togo, the payment schedule is purely contractual. Staged payments linked to construction milestones are the norm. Demand a receipt for every instalment and have the clauses checked by a notary.

Does a building permit guarantee delivery?

No. The permit attests to the project's compliance with urban planning rules, not to the developer's solvency. Also check the developer's track record, previously delivered projects and reputation with a sector professional.

What if the delivered property does not match the contract?

You may refuse delivery and bring the matter before the competent court to claim a price reduction or remediation of defects. The claim must be based on the contract and photographic evidence. Have any discrepancies recorded by a surveyor or architect before accepting the keys. Seek advice from a lawyer.

Do banks finance off-plan purchases in Togo?

Some commercial banks do finance new builds, but they often require a mortgage guarantee or a substantial down payment. Obtain a financing certificate before signing. The BCEAO key rate is 3.00 %, according to Financial Afrik on 9 September 2026, but the rate applied by banks is higher.

Is a land title required for an off-plan purchase?

Yes. The land must be registered in the developer's name. The notary must ensure the seller holds a valid land title. Otherwise the sale is void or contestable.

Sources

• Decree No. 2016-043/PR of 1 April 2016: it establishes the building permit obligation, the issuance procedure and the definition of the certificate of conformity. Consulted on 2026-10-01.
• Civil Code, version updated to 1 May 1956, in force in Togo: it establishes the common law of contracts and sales applicable in the absence of a specific VEFA text. Consulted on 2026-10-01.
• Code foncier et domanial, Law No. 2018-005 of 14 June 2018: it establishes the registration of immovable property as the general rule (article 5) and the general principles of land tenure in Togo. Consulted on 2026-10-01.
• Financial Afrik, 9 September 2026: it establishes that the main BCEAO key rate is maintained at 3.00 % since 16 March 2026. Consulted on 2026-10-01.