Photo: Kindel Media, Pexels
9 March 2026
9 min
· Rédaction Imonga
In Togo, choosing a real estate agency cannot come down to asking for a professional card: estate agents still have no dedicated law, and a bill is only being prepared. You sort agencies on evidence you can check yourself: a written mandate from the owner, fees stated in writing, receipts, and property documents you have verified elsewhere. Two Togolese texts still protect you. For a rental in Greater Lomé, the 2022 decree on residential leases splits the agency fee between landlord and tenant. For a purchase, the land code requires a notary and a registered property.
Estate agents in Togo have no dedicated law yet
No text currently defines who may call themselves an estate agent in Togo. According to republicoftogo.com (article dated 10 June 2026, accessed 11 October 2026): « Il n'existe pas de cadre légal clair régissant la profession d'agent immobilier » (there is no clear legal framework governing the profession). The same article lists the effects: informal practices, fraud, and distrust among buyers and sellers. The Fédération Togolaise de l'Immobilier (FTI), chaired by Kossi Agbodoh, makes the adoption of a law regulating the profession its priority for the next five years.
The government is working on it. According to a Togonews report carried by AllAfrica on 1 June 2026 (accessed 11 October 2026), the Minister of Regional Planning and Urban Development, Kodjo Adédzé, announced that three texts are being prepared, including a law framing the estate agent profession. The report gives no number or date for these texts.
In practice, we found no Togolese text creating a professional card or a state licence for estate agents. If an agency or a démarcheur (street broker) shows you a card described as "official", ask which text it rests on and who issued it. To find out whether the situation has changed since this article was written, ask a notary or a lawyer registered in Togo.
Five checks before you hand over your file
With no official card to rely on, paperwork is what separates a serious agency from the rest. None of these points is a guarantee on its own; together they tell you a lot.
| What you ask for | What it proves | Warning sign |
|---|---|---|
| The written mandate signed by the owner | The agency is entitled to offer this property, at this price | "The owner is travelling", nothing in writing, no way to reach them |
| The company's registration documents (trade register, tax identification) and an office address | You know who you are dealing with and who is accountable | Just a phone number, meetings always held by the roadside |
| Fees in writing, before the first viewing | The amount, when it falls due and who pays it | An amount that changes after the viewing, new charges at each step |
| A dated, signed receipt for every payment | A trace if the deal falls through | Cash or mobile money to a personal number, no receipt |
| Copies of the property documents (land title, stamped plan, seller's ID) | You can have a notary check them before paying | "You will see the papers after the advance" |
Add one simple check: ask the agency for two former clients and call them. Fees are negotiated and published nowhere: ask two or three agencies for a written quote and compare. For the most common traps, read our article on real estate scams in West Africa and keep the property viewing checklist at hand.
Renting: in Greater Lomé, the agency fee is shared
No, the tenant does not have to pay the agency alone when the residential lease falls under the 2022 decree. According to the page of the ministry in charge of urban planning on decree n° 2022-001 of 5 January 2022 (published 7 July 2022, accessed 11 October 2026), article 11 provides that the fees of the real estate professional « sont supportés à part égales par le bailleur et le locataire » (are borne in equal shares by landlord and tenant). The same page sets the scope: « Le décret s'applique dans une première phase dans le Grand Lomé » (in a first phase, the decree applies in Greater Lomé).
The same decree gives you benchmarks for judging what an agency asks on the landlord's behalf. According to the ministry page cited above: the caution (deposit) is capped at three months (article 4), the garantie de loyer (rent guarantee) at three months (article 8), the parties must put the lease in writing (article 9), and the lease follows a model drawn up by the ministry in charge of housing (article 30). Togo First (6 January 2022, accessed 11 October 2026) sums this up as six months of rent in total and places Greater Lomé in the Golfe and Agoè-Nyivé prefectures.
An agency that announces a one-year advance, or refuses any written contract, is therefore offering something other than what this text provides. The amount of the fee itself is not stated on the ministry page: get it in writing before the viewing. If there is a dispute, a lawyer or a notary will tell you how to rely on the decree. Our explainer on leases, deposits and notice periods covers the rest, and the apartments for rent in Lomé listed on Imonga let you compare offers.
Buying: an agency never replaces the notary
An agency can find you a plot or a house; it cannot secure the sale on its own. Togo's Code foncier et domanial (law n° 2018-005 of 14 June 2018) sets two rules, reproduced by the LQDD website (accessed 11 October 2026). Article 161: « Tout transfert de droit de propriété immobilière en zone urbaine, périurbaine ou rurale est subordonné, sous peine de nullité absolue du contrat, à l'immatriculation de l'immeuble qui en est l'objet. » In short, any transfer of ownership depends on the property being registered, failing which the contract is absolutely void. Article 163: « Doivent être constatés par acte notarié : tous faits, conventions ou sentences ayant pour effet de constituer, transmettre, déclarer, modifier ou éteindre un droit réel immobilier. » In short, anything that creates or transfers a real property right must be recorded in a notarial deed.
The notary does work the agency does not do. According to an analysis published by Afrik.com on 16 November 2018 (accessed 11 October 2026), « la transaction foncière doit obligatoirement être approuvée par un notaire », and the notary first makes sure the property really exists. For registration, the government portal service-public.gouv.tg (accessed 11 October 2026) names the Direction des Affaires Domaniales et Cadastrales (DADC) and states that the procedure is done at the physical counter. Cost and processing time are not published there: ask at the counter or ask your notary.
Rule of thumb: pay nothing towards a purchase on the strength of an agency receipt or a "sale contract" drafted in a broker's office. First have the documents checked by a notary you chose yourself. Our guide to land status in Togo explains the documents you will come across, and the article on precautions before buying land details the checks. You can browse land for sale in Lomé on Imonga.
Frequently asked questions
Is there a professional card for estate agents in Togo?
We found no Togolese text that creates one. According to republicoftogo.com (10 June 2026), there is no clear legal framework for the profession, and a law is being prepared according to the minister in charge of urban planning. Do not rely on a card presented as official: ask which text it rests on, and check the mandate, the receipts and the property documents.
Who pays the agency fee for a rental in Lomé?
For a residential lease in Greater Lomé, the ministry page on decree n° 2022-001 of 5 January 2022 states that the real estate professional's fees are borne in equal shares by landlord and tenant (article 11). The amount is not given there: have it confirmed in writing before the viewing, along with who pays what and when.
Can you buy land in Togo through an agency alone?
No. Article 163 of the Code foncier et domanial requires a notarial deed for any act that transfers a real property right, and article 161 makes the transfer of ownership conditional on registration of the property, on pain of absolute nullity. The agency introduces the parties; the notary checks and drafts the deed. See one before any payment.
Should you pay an agency before a viewing?
No text we were able to consult sets viewing fees in Togo. If an agency asks for one, get it in writing what the sum covers and whether it is deducted from the fee if you sign, and require a dated, signed receipt. A refusal to give a receipt is reason enough to move on to another agency.
Sources
- Ministry in charge of urban planning, talking points on decree n° 2022-001 of 5 January 2022: shared fees (article 11), caps on deposit and rent guarantee, written lease, model contract, application in Greater Lomé. Accessed 11 October 2026.
- République Togolaise, "Un secteur en mal de régulation et d'image", 10 June 2026: no clear legal framework for the profession, FTI position. Accessed 11 October 2026.
- AllAfrica (Togonews), 1 June 2026: law on the estate agent profession in preparation. Accessed 11 October 2026.
- LQDD, buying land without a land title in Togo: wording of articles 161 and 163 of the Code foncier et domanial. Accessed 11 October 2026.
- Afrik.com, 16 November 2018: the notary's role in land transactions. Accessed 11 October 2026.
- Togo Service Public, land registration: competent administration (DADC), procedure at the counter. Accessed 11 October 2026.
- Togo First, 6 January 2022: overall six-month cap, Greater Lomé perimeter. Accessed 11 October 2026.
These rules are Togo's; they differ in other countries.
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From reading to searching
The advice above is worth most when applied to a specific property. 122 listings are online, viewable without an account.