Benin: from land ownership certificate to land title, understanding the reform

What Benin's land reform changes

Before 2013, land ownership in Benin relied on heterogeneous documents: customary detention certificates, administrative certificates, resettlement attestations. These created a presumption of rights but did not secure parcel boundaries or transactions against third parties. The law n° 2013-01 of 14 August 2013, amended by law n° 2017-15 of 10 August 2017, established a single regime for confirming land rights. It applies to rural, peri-urban and urban land. The regime relies on a contradictory procedure led by the National Agency for Domain and Land (ANDF) and results in a land title, now the sole deed of property. All other documents only serve as presumption. The government aims to register all parcels nationwide to secure land and turn it into a mobilizable financial instrument.

Presumption acts recognized by the code

Article 4 of the land code lists the documents that create a presumption of ownership and allow confirmation to begin:

• the customary detention certificate, issued by the municipality for land under customary tenure;
• the resettlement certificate, related to former subdivisions;
• tax notices for the last three years, proving occupation and property tax payment;
• the registration certificate, issued by the land registry keeper;
• the administrative certificate;
• the rural land certificate, extracted from the rural land plan.

These documents stand until proven otherwise before a judge. They do not alone transfer definitive title. In urban and peri-urban areas, confirmation starts from these acts or a final court decision. In rural areas, it may also rely on the register of right holders from the rural land plan. The customary detention certificate costs between XOF 25,000 and XOF 500,000 depending on surface area, under Order 0760-C.

The confirmation procedure and its costs

The applicant files a complete dossier at a Communal Bureau for Domain and Land (BCDF). The ANDF processes the application, summons neighbors for a contradictory boundary survey, then posts notice at the town hall and the court of first instance to allow third-party opposition. Publicity ends with publication in the Official Journal. Order 2020 N° 0760-C sets the land title delivery fee at XOF 100,000 excluding the contradictory boundary survey. This amount covers: XOF 50,000 for the secure land title booklet, XOF 15,000 for Official Journal publicity, XOF 10,000 for local elected officials' participation, XOF 10,000 for analytical borderaux drafting, XOF 9,000 for registration, XOF 5,000 for the land compensation fund, and XOF 500 each for posting at the town hall and the court. The contradictory boundary survey remains variable depending on surface area and terrain configuration. According to available information, the ANDF estimates the total procedure duration at 120 days for a regular dossier.

The Certificate of Cadastral Registration (CEC)

The decree n° 2025-176 of 9 April 2025 created the Certificate of Cadastral Registration (CEC). This document is part of land digitization. It is delivered after the parcel is registered in the national cadastre and assigned a unique parcel number (NUP), automatically allocated regardless of surface area or status. Registration can be individual or collective. It includes a receivability review, verification of supporting documents and land publicity. Disputes are documented. Recognized usage rights may also be registered.

The CEC is treated as a presumption act of ownership. It can be converted into a land title. Unlike older documents, it integrates the contradictory boundary survey at the registration stage. According to the Association of Banks and Financial Establishments of Benin, this technical character allows banks to use the CEC as a due diligence tool from the credit application stage. The notary can begin preparing the mortgage guarantee before the definitive title is issued. The decree also makes cadastral updates mandatory upon sale, merger, division or court decision, within five days.

Selling property since the transitional period ended

Article 516 of the code provided for a ten-year transitional period from the code's promulgation, ending on 14 August 2023. During this period, a land transaction could be formalized by private deed deposited with a notary, notarial deed, or deed affirmed by the administrative authority. Since expiry, article 17 has entered into force. Any sale of land or buildings must be preceded by confirmation of land rights. The buyer must therefore verify that the seller holds either a land title or a valid certificate of ownership.

If the seller does not yet hold a land title, they must obtain a certificate of ownership from the ANDF. This document costs XOF 50,000 under Order 0760-C. It is valid for one year, non-renewable. It is only issued upon sale and if the applicant presents a regular presumption act or if a land title application is already being processed. After this one-year period, the property can no longer be sold without a land title. No text provides for confiscation of untitled property by the State. When the property already has a land title, the sale must be notarized under article 18 of the code.

On Imonga

Imonga lists property in Benin, notably in Cotonou, Porto-Novo, Parakou and Abomey-Calavi. Before buying or renting, verify the land status with the ANDF and demand a recent deed.

Frequently asked questions

Does the customary detention certificate still prove ownership?

No. It is a presumption act. It allows confirmation to begin, but it is not equivalent to a land title. Only the title proves ownership.

What is the total cost of a land title?

Fixed fees amount to XOF 100,000 under Order 0760-C. You must add the contradictory boundary survey costs, which vary by surface area and location.

How long does it take to get a land title?

According to available information, the ANDF estimates 120 days for a complete dossier without opposition. This may extend if neighbors dispute boundaries or if documents are missing.

Does the CEC replace the land title?

No. The CEC is a strengthened presumption act, issued after cadastral registration. It can be converted into a land title, but does not have the same definitive effects.

Can land be sold without a land title since August 2023?

Yes, but only with a certificate of ownership issued by the ANDF. It costs XOF 50,000, is valid for one year and is non-renewable. After that, only a land title allows sale.

Can the CEC serve as collateral for a bank loan?

Banks may use it as anticipated collateral. The CEC secures the asset from the credit application stage and lets the notary prepare the mortgage guarantee before the definitive title is obtained.