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Can a foreigner buy land in Togo? What the law says

Listings, new developments and property professionals across Togo, Benin, Côte d'Ivoire, Senegal and Ghana.

Droit foncier

4 November 2026

8 min

· Rédaction Imonga

Yes, a foreigner can buy land in Togo, but not freely. The Land and State Property Code (Law No. 2018-005 of 14 June 2018) does not reserve ownership to nationals, and the government presented the text as a clearer and more sophisticated answer to foreign investors settling in the country. However, any transfer of ownership from a Togolese citizen to a foreigner, and any grant of a real right in their favour, requires prior authorisation from the State, under an implementing decree whose principles were agreed by the Council of Ministers in 2019. The question is therefore not banned versus allowed: it is a matter of procedure and paperwork. For a concrete file, have the structure reviewed by a Togolese notary or lawyer.

What the Land Code says

Passed by the National Assembly on 5 June 2018 and promulgated on 14 June 2018, the Land and State Property Code is the reference text. It contains 736 articles according to Togo's embassy in Morocco, and it sets out the general principles applying to property. The land title (titre foncier) is defined as final, intangible and unchallengeable save for fraud or error (Article 256) and as proof of ownership (Article 666). It is this title, registered in the land register, that protects the buyer, Togolese or foreign.

The Code contains no article excluding foreigners from immovable property. The restriction comes from a separate mechanism: a decree taken to implement Title 8 of the Code, dedicated to controlling transfers. It subjects to prior authorisation any transfer of ownership, and any grant of a real right over a property located in Togo, made by a Togolese citizen in favour of a foreigner. The same protection applies to leases with a fixed term longer than nine years.

Legal entities: a special case

A company may buy property in its own name if it is registered in the Trade and Credit Register (RCCM). The Togolese Revenue Office (OTR) recalled this in a webinar on 18 June 2026, according to First News Media: commercial companies, civil companies, economic interest groups, associations, foundations and NGOs are eligible; sole proprietorships, branches and representative offices are not, as they have no separate legal personality. The tax authority adds that the company must be governed by Togolese law, or hold prior authorisation if foreign, except French companies covered by the 1996 Togo-France establishment convention.

The procedure, step by step

The process is supervised and passes through the single land desk (guichet foncier unique, GFU), created by Decree No. 2019-33/PR of 20 March 2019 and attached to the OTR. Interministerial Order No. 002/MEF/MVUHSP/MAPAH/MATDCL/2019 of 8 October 2019, published in the Official Journal of 11 October 2019, sets the following statutory deadlines:

StepStatutory deadline
Real rights certificate2 days
Boundary survey5 days per hectare
Full transfer of title10 days
Land title (first registration)180 days
Registration of real rights and post-registration operations30 days

In practice, a foreign buyer must:

  1. have the property's charges and real rights checked with the Cadastre, Land Registry and Registration Directorate (DCCFE) at the OTR;
  2. obtain the prior transfer authorisation, since the seller is Togolese;
  3. have a parcel plan drawn up by a licensed surveyor and a notarial deed of sale executed;
  4. register the deed with the OTR within three months;
  5. register the transfer in the land register, the only formality that makes the sale enforceable against third parties.

Official fees are not a single percentage. According to First News Media, the OTR mentions a fixed duty of 35,000 FCFA for a full transfer for consideration, while first registration may involve proportional fees of up to 1.5% of the property value. On top of that, according to Integra Partners, the DCCFE schedule provides fixed cadastre fees: 10,000 FCFA for the descriptive statement, 10,000 FCFA for the search and 1,000 FCFA per photocopied page. Any other amount (notary, surveyor, file fees) must be covered by a written quote.

The documents that protect the buyer

Not all papers are equal. The land title is the only unchallengeable one. The administrative certificate, issued by the local authority, is evidence only until proven otherwise and does not allow mortgages to be registered. The village attestation, signed by the village or canton chief, is not among the modes of proof listed by the Code: it must be converted into a land title to secure the purchase.

A foreign buyer who settles for a village attestation or an administrative certificate takes a real risk: double allocation, family dispute, encroachment. The field rule is simple: no payment without an existing land title, or without a suspensive clause requiring the title in the sale agreement.

On Imonga

Imonga lists land for sale in Lomé and Kara, along with new-build programmes, a directory of professionals and a rental management service. To prepare a purchase, browse land for sale in Lomé, property listings in Kara, and our guide to land status in Togo. A dedicated article details the checks to run on an ACD in Togo. Listings never replace a check at the cadastre.

Rules differ elsewhere in the region. For Ghana, see our guide to leasehold, freehold and customary land.

Frequently asked questions

Can a foreigner get a land title in their own name in Togo?

Yes, provided the transfer of ownership has been authorised in advance and the registration or transfer procedure is carried through to entry in the land register. The land title is then final and unchallengeable, save for fraud or error. If your personal situation is unclear, seek advice from a Togolese notary or lawyer before signing.

How long does a transfer take in Togo?

The interministerial order of 8 October 2019, published in the Official Journal of 11 October 2019, sets a statutory deadline of 10 days for a full transfer and 2 days for a real rights certificate. In practice, timelines depend on how complete the file is, to be checked with the single land desk.

Can a foreigner lease Togolese land for more than nine years?

Leases with a fixed term longer than nine years fall under the same protection regime as ownership transfers, with prior authorisation. For a long lease, have the deed drawn up by a notary and check the regime in force at the time of signing.

Are purchase fees fixed?

No. Only tax duties are set, according to First News Media: 35,000 FCFA for a full transfer for consideration, up to 1.5% of value for first registration. According to Integra Partners, the DCCFE schedule also provides fixed cadastre fees: 10,000 FCFA for the descriptive statement, 10,000 FCFA for the search and 1,000 FCFA per photocopied page. Notary and surveyor fees are negotiable and must be quoted in writing before signing. To secure the arrangement, consult a notary or a lawyer.

Sources

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