Independent estate agent in West Africa: the law, the work and how to start

This page is for anyone who works, or plans to work, as an independent estate agent in Togo, Senegal, Benin or Côte d'Ivoire. It sets out what each country's official texts say: who may practise, which card or licence to apply for, what the law says about commission, and the anti-money laundering duties that apply to agents. Every rule links to its source, and anything we could not read in an official text is marked "not verified yet". This is not a job advert: imonga does not hire estate agents. It is an invitation to open a free professional account and show your business to the people looking for property.

What does an independent estate agent do?

The International Labour Organization classifies the trade under unit group 3334 of its international occupational classification. Agents in this group arrange the sale, purchase, rental and lease of property, usually on behalf of clients and in return for commission [1].

The classification lists the day-to-day tasks [1]:

• gathering information about the property, the owner's situation and what buyers or tenants need;
• showing the property and explaining the terms of sale or let;
• helping landlord and tenant agree on rent and fees;
• drawing up tenancy or sale agreements and estimating costs;
• arranging the signing of the lease and the transfer of title;
• collecting rent and deposits for the owner, and inspecting the property before, during and after a tenancy;
• making sure tradespeople are available for maintenance.

An independent does all of this on their own account. There is no employer: you find your own instructions, you carry the liability for your own mistakes, and you are paid only when a deal completes. Côte d'Ivoire's 2019 Construction and Housing Code even names a close relative of the role, the property broker, defined as "une personne physique indépendante" (a self-employed individual) who works on the purchase, sale or letting of other people's property [2].

Trader or entreprenant: which business status?

All four countries share the same commercial law, that of OHADA, the regional business law organisation. Its Uniform Act on General Commercial Law of 15 December 2010 lists acting as an intermediary "pour l'achat, la souscription, la vente ou la location d'immeubles" (for the purchase, sale or letting of buildings) among commercial acts by nature [3]. Anyone who does this for a living is a trader under Article 2 [3].

A sole practitioner therefore has two routes:

• Registered trader. You apply to the Trade and Personal Property Credit Register (RCCM) within the first month of trading, at the court registry or the body the state has designated [3].
• Entreprenant. This is a sole trader who works on a simple declaration. You are exempt from RCCM registration but must declare the activity [3]. You keep a daily book of income, with cash payments recorded separately from other payments [3]. The status ends if turnover exceeds the set thresholds for two years running, and each state decides its own tax and social security incentives [3].

Business registration is never a licence to act as an agent. In Senegal, Benin and Côte d'Ivoire the trade register entry is only one document in the file; the professional card or approval is still required, as the sections below show.

Working in Togo: a trade with no specific law yet

Togo has no law that specifically regulates estate agents. The government's official portal said so plainly on 10 June 2026: "Il n'existe pas de cadre légal clair régissant la profession d'agent immobilier" (there is no clear legal framework for the profession) [4]. The Togolese Real Estate Federation has made the adoption of such a law its main goal for the next five years [4].

On 1 June 2026 the government announced that it was preparing three texts, one of them a law to regulate the profession [5]. At the time of writing we have seen no adopted text and no published conditions (qualifications, card, guarantee), so all of these are not verified yet.

GIABA, the ECOWAS body that fights money laundering, noted in 2024 that Togo's national risk assessment sees property as the most exposed non-financial sector, partly because most laundering there runs through real estate and partly because the profession "n'est même pas réglementée" (is not even regulated) [6]. A national workshop for estate agents was held in Lomé from 21 to 24 October 2024 [6].

Until a law is passed, an independent agent in Togo works under ordinary business rules: trader or entreprenant status under OHADA, with formalities at the Business Formalities Centre (CFE) in Lomé. The CFE offers a route for an individual business and says a company can be set up in under four hours [7]. Its fees sit behind a log-in, so we could not read them; the amount is not verified yet. Once a law is passed, a card or licence will very likely follow, so keep an eye on the Official Gazette.

Working in Senegal: the professional card under the 1982 law

In Senegal, Law no. 82-07 of 30 June 1982 covers property transactions and property management, alongside property development and legal advice [8]. It rests on three rules: the work needs prior authorisation, only holders of a professional card may carry it out, and doing it without one is a criminal offence [8].

Under Article 4, an individual applying for the card must [8]:

1. be a Senegalese national, or a national of a country with a reciprocity agreement with Senegal;
2. be at least 25 years old;
3. hold the qualifications set by the regulations for the activity;
4. provide a financial guarantee;
5. not fall under any of the listed incompatibilities, incapacities or bans.

Convictions for fraud, breach of trust, forgery, bouncing cheques or corruption bar entry to the trade [8]. The financial guarantee must include a personal contribution from the applicant [8].

Once trading, the card holder records every payment received in a transactions register, issues a receipt and keeps registers and receipt books for at least five years [8]. Client money goes into a bank or postal account used for nothing else, and withdrawals are made only by transfer, named cheque or signed receipt [8].

One rule matters a great deal to an independent who works alongside an agency. Anyone who negotiates or commits on behalf of a card holder needs a written authorisation from that holder, countersigned by the minister, and the holder is financially liable for that person's dealings as if they were their own [8].

The qualifications required, the size of the guarantee and the ministry that issues the card today are set by an implementing decree. We have not read that decree on an official site, so these three points are not verified yet, nor is any amendment to the law since 1982.

Working in Benin: register, card and written instructions

In Benin the profession is governed by Law no. 2018-12 of 2 July 2018 on residential tenancies [9]. It defines the estate agent as an intermediary who habitually takes part in legal transactions involving property [9].

Article 21 sets the conditions [9]:

• Beninese nationality and the general conditions for carrying on a trade;
• entry on the register of estate agents kept by the minister responsible for housing;
• a professional card issued by that same minister;
• professional indemnity insurance.

The details of the register, the card and the insurance are to be set by regulation [9]. We did not find that implementing text on the website of the General Secretariat of the Government, so the documents, fees and timescales are not verified yet. A final conviction for offences against public trust or property, or for bankruptcy, bars a person from the trade [9].

The law also governs how the work is done. The agent acts on written instructions (a mandate) made in as many originals as there are parties, registered, and numbered in the agent's own register of mandates; without these formalities the mandate is void [9]. It must be limited in time and must say who pays the agent [9]. An agent may not buy or rent, directly or through a nominee, a property they have been instructed to sell or let [9].

Working without a card carries a fine of 50,000 to 1,000,000 CFA francs; for a repeat offence, 500,000 to 2,000,000 CFA francs and ten days to two years in prison, or either penalty [9]. The same penalties apply to an unauthorised person who negotiates for a card holder [9]. For an independent the message is clear: hold your own card, or a proper authorisation.

Working in Côte d'Ivoire: approval from the Construction Ministry

In Côte d'Ivoire, Law no. 2019-576 of 26 June 2019 establishing the Construction and Housing Code defines the estate agent as an individual or company that, habitually and for payment, assists in dealings with other people's property: buying, selling, letting, property management and block management [2].

Agents are approved by CAPPI, the commission for the approval of property developers and schemes, set up by Decree no. 2013-223 of 22 March 2013 under the Ministry of Construction, Housing and Urban Planning [2]. Approval lasts five years and can be renewed; on 15 June 2024, 251 estate agents held valid approval [2].

The official public services portal lists the application file [10] [11]:

• a letter to the Minister of Construction, Housing and Urban Planning;
• a birth certificate and a recent certificate of Ivorian nationality;
• a criminal record extract less than three months old;
• a CV, certified diplomas (a three-year degree, or the BEPC school certificate with more than ten years' experience) and employment certificates in property management;
• tax registration documents and the trade register entry;
• a financial guarantee of 2,000,000 CFA francs from a bank, or professional indemnity insurance for the same amount.

The fee is 100,000 CFA francs and no processing time is set [10]. Both official pages date from 2016 and disagree on the number of copies and the office where the file is lodged [10] [11]; that point is not verified yet, so check with the ministry before you file. The portal also mentions two years' imprisonment for working without authorisation, without stating the amount of the fine [10].

The 2019 Code provides for the self-employed broker, but an official report from 2024 notes that the implementing texts needed to approve brokers "n'ont pas encore été pris" (have not yet been adopted) [2]. For now, the verified route for a sole practitioner is approval as an estate agent.

Other countries: what is verified and what is not

We name a country only when we have opened an official text.

• Kenya. The Estate Agents Registration Board, set up under the Estate Agents Act 1984 (Cap 533), states that only registered agents with a current annual practising certificate may carry out estate agency; registration costs 1,000 Kenyan shillings, plus an interview [12].
• Cameroon, Morocco. Press reports mention texts in force or in draft, but we have not read them at source: not verified yet.
• Burkina Faso, Mali, Niger, Gabon, Guinea. These countries apply OHADA commercial law [3]; the rules specific to estate agents there are not verified yet.

If you know the official text for your country, it can be added to a later version of this page.

Fees and commission: what the law actually sets

You will not find an average income here, because no official statistics measure what independent agents earn in these countries. The law does, however, sometimes frame commission.

Benin. Commission is agreed freely between the parties, with two caps [9]:

• when the agent only introduces landlord and tenant, commission may not exceed 50% of one month's rent;
• when the agent manages the property for the landlord, the monthly fee may not exceed 10% of the rent.

Commission is earned only if the agent proves that their involvement was decisive and that the contract is final [9]. Where several agents are involved, only the one who brought the deal to completion is paid [9]. The agent may not take any sum beyond what the parties agreed [9]. A tenant's deposit is capped at three months' rent [9].

Côte d'Ivoire. On 19 December 2024 the Council of Ministers adopted a decree setting the fees of estate agencies and brokers. It defines which services may be charged for and sets the rate by the nature and size of the transaction, replacing arbitrary fixed charges [13]. The decree number and its rates are not verified yet; we have read only the official communiqué.

Senegal. The 1982 law allows joint ministerial orders to set fee scales [8]. We found no order in force: not verified yet.

Togo. With no specific law, we found no official scale [4]. Commission depends on the mandate you sign, so put the amount in writing, together with who pays it.

Money laundering rules: duties that fall on the agent

The West African Economic and Monetary Union (UEMOA) countries have each enacted a common law against money laundering and terrorist financing. Senegal's version, Law no. 2018-03, shows what it requires. It lists "les agents immobiliers et les courtiers en biens immeubles" (estate agents and property brokers) among the designated non-financial businesses and professions, and makes them subject to its duties [14].

Three duties stand out for an agent:

• Identify the parties. Anyone who carries out or advises on a property sale must identify buyer and seller [14].
• Report suspicion. Those covered must report to CENTIF, the national financial intelligence unit, any transaction they suspect comes from crime [14].
• Keep large sums out of cash. A property sale at or above the threshold set by the authorities may be paid only by transfer or cheque [14].

In Côte d'Ivoire, the official 2024 risk assessment rates the vulnerability of estate agents and developers as high, because of informal operators and the weight of cash in property deals [2]. In Togo, the law adopted at the end of December 2025 strengthens the identification of beneficial owners and takes a risk-based approach [15]. We have not yet verified the Beninese and Ivorian provisions aimed at agents; the shared UEMOA model suggests they are similar.

Setting up as an independent, step by step

The order below follows the texts cited above.

1. Check your country's rule. A card in Senegal [8] and Benin [9], approval in Côte d'Ivoire [2], and no specific law in Togo so far [4].
2. Set up the business. In Togo, the CFE has a route for individual businesses [7]. In Benin, APIEx's monentreprise.bj platform issues the RCCM extract, the tax number (IFU) and the other certificates within three working hours; its undated guide gives 10,000 CFA francs for a sole trader [16]. In Senegal, the cost and timescale are not verified yet.
3. Arrange the guarantee and insurance. A guarantee with a personal contribution in Senegal [8], professional insurance in Benin [9], and a 2,000,000 CFA franc guarantee or policy in Côte d'Ivoire [10].
4. Apply for the card or approval at the relevant ministry, with your criminal record extract and the diplomas required [10].
5. Get your paperwork ready. A written, dated mandate template; a register of mandates in Benin [9]; a transactions register and a dedicated client account in Senegal [8]; a client identification form [14].
6. Make yourself visible. Once you are compliant, list your properties and services where buyers and tenants search.

Risks to weigh before you start

• Working without a licence. Prison and fines in Senegal [8] and Benin [9]; a prison term is stated in Côte d'Ivoire [10].
• Negotiating for someone else without authorisation. In both Senegal and Benin, working for a card holder without written authorisation carries the same penalties as unlicensed practice [8] [9].
• A defective mandate. In Benin, a mandate with no time limit, unregistered or missing its register number is void, which makes commission hard to claim [9].
• Taking more than agreed. Benin forbids any payment beyond what the parties accepted [9].
• Mixing money. In Senegal, client funds must go through a dedicated account [8].
• Turning a blind eye to cash. The sector is rated highly exposed to money laundering [2], and failing to report a suspicion puts the agent at fault [14].
• A past conviction. Fraud, breach of trust or bankruptcy bar entry to the trade [8] [9].

What imonga offers independent estate agents

This is not a job advert. imonga does not hire independent estate agents: the platform invites professionals to register so they can present their business, list properties or services and receive enquiries from the public, across Africa and the diaspora. Opening an account and a profile is free; the terms for listings are set out on the Pricing page. You stay independent, you set your own fees, and you remain bound by the rules of your country described above.

If you hold a card or approval, show it on your profile: it is often the first thing a buyer checks. Open my free professional account.

Frequently asked questions

Do I need a professional card to be an estate agent in Togo?

Not at present: Togo has no law specific to the trade, and in June 2026 the government announced that one was being prepared [5]. Agents work under OHADA commercial law and register their business with the CFE [3] [7].

What are the conditions for an estate agent's card in Senegal?

Law no. 82-07 of 30 June 1982 requires Senegalese nationality or a reciprocity agreement, a minimum age of 25, the qualifications set by decree, a financial guarantee and no conviction for certain offences [8]. The diploma and the guarantee amount are not verified yet.

How much can an estate agent charge on a letting in Benin?

If the agent only introduces landlord and tenant, commission is capped at 50% of one month's rent; if the agent manages the property, the fee is capped at 10% of the monthly rent. This is Article 29 of Law no. 2018-12 of 2 July 2018 [9].

How much does estate agent approval cost in Côte d'Ivoire?

The official public services portal gives a fee of 100,000 CFA francs and a financial guarantee or insurance of 2,000,000 CFA francs [10]. Approval is granted after review by CAPPI and lasts five years, renewable [2].

Can an independent work for an agency without their own card?

In Senegal, yes, with a written authorisation from the card holder countersigned by the minister [8]. In Benin, negotiating for a card holder without authorisation is punished in the same way as unlicensed practice [9].

Is signing up to imonga a job?

No. imonga employs no one and pays no wages: opening a professional account is free and is a way to present your business to the public. You stay self-employed and subject to the law of your country.