Buying property in Zimbabwe? The Law Society of Zimbabwe (LSZ) has recently updated the fees for conveyancing services. These changes, approved by the Minister of Justice, Legal and Parliamentary Affairs, are outlined in Statutory Instrument 104 of 2024. The adjustments are aimed at aligning the conveyancing fees with current economic conditions while ensuring transparency and efficiency in legal transactions involving immovable property.
New Tariff of Conveyancing Fees
Below is a detailed table of the new conveyancing fees, explained in plain English for better understanding.
| Section | Description | Fee (USD) |
|---|---|---|
| 1 | Transfer of Immovable Property | |
| Registration of immovable property | 3% of purchase price | |
| Additional fee for each property included in the same transfer | 50 | |
| Redraw documents due to inaccurate instructions | 50 | |
| 2 | Transfer by Endorsement | |
| Transfer where no change of beneficial interest occurs | 120 | |
| 3 | Partition or Rectification Transfer | |
| Each transfer | 600 | |
| Additional fee for each property included in the same transfer | 50 | |
| 4 | Certificate of Title | |
| Certificates of title under specified sections of the Deeds Registries Act | 400 | |
| Additional fee per property after the first in the same certificate | 20 | |
| 5 | Bonds | |
| Mortgage and notarial bonds | 2.5% of debt secured | |
| Minimum fee for collateral bond simultaneously registered | 250 | |
| Additional fee for each additional property in the bond | 40 | |
| 6 | Cancellations, Cessions, Releases, Waivers | |
| Cancellation of bonds, cessions of bonds, reductions of capital or cover | 75 | |
| Additional fee for each additional bond | 20 | |
| Cession of bonds | 100 | |
| Variation of terms of bond | 120 | |
| 7 | Miscellaneous | |
| Attendances on behalf of parties supervising registration | 100 | |
| Endorsement of title under specified sections | 100 | |
| Obtaining a certified copy of a deed where no advertising required | 50 | |
| 8 | Other Endorsements and Copies | |
| Application for a certified copy of a lost deed | 100 | |
| Obtaining certified copy of a deed where no advertising required | 50 | |
| Obtaining a certified copy of a deed where no advertising is required | 75 |
These fees are payable in the currency of the transaction and include essential work such as taking instructions, preparing necessary documents, and attending to payments and registrations. However, they exclude tasks such as drawing suretyships, agreements of sale, and obtaining tax clearance certificates.
About the Law Society of Zimbabwe
The Law Society of Zimbabwe (LSZ) is a professional body established to represent and regulate the legal profession in Zimbabwe. Formed in 1981, the LSZ’s mission is to promote the sustainable development of the legal profession, uphold the rule of law, and foster public trust and confidence in the justice system.
Functions of the Law Society of Zimbabwe:
- Regulation and Registration: The LSZ maintains a register of all legal practitioners in Zimbabwe, overseeing the admission of new members and ensuring they meet the required standards.
- Professional Development: It promotes the study of law and provides recommendations on legal training to ensure continuous professional development.
- Discipline and Standards: The LSZ regulates the profession by ensuring adherence to ethical standards, discipline, and trust account management.
- Representation: The society represents the interests of the legal profession and articulates its views on various legal and societal issues.
- Promotion of Justice: It advocates for justice, human rights, and the independence of the judiciary.
Frequently Asked Questions (FAQs)
Q1: How do I file a complaint against a lawyer?
A: To file a complaint, write to the Executive Secretary of the LSZ, providing all relevant details and supporting documents. Include your full contact information and national identity number. Alternatively, you can submit your complaint online through the LSZ website.
Q2: What are conveyancing fees?
A: Conveyancing fees are the charges levied by legal practitioners for the process of transferring ownership of immovable property from one person to another.
Q3: How are conveyancing fees calculated?
A: The fees are typically a percentage of the property’s purchase price or the amount of debt secured by a mortgage bond. The specific rates are detailed in the LSZ’s tariff of fees.
Q4: Can conveyancing fees be paid in any currency?
A: The fees must be paid in the currency of the transaction. This means if the property transaction is conducted in USD, the fees should also be paid in USD.
Q5: What services are included in conveyancing fees?
A: The fees cover various services, including taking instructions, preparing deeds and other necessary documents, attending to payments, and supervising the registration process.
Q6: Are there additional charges for complex conveyancing cases?
A: Yes, for services not specified in the tariff or for complex cases, fees may be charged based on the general tariff for legal practitioners or reasonable rates as appropriate.
Q7: What should I do if I need a certified copy of a lost deed?
A: You can apply for a certified copy through the LSZ, with a fee of 100 USD. This process involves obtaining the necessary documentation from the Deeds Registry or the Surveyor-General’s office.
Q8: What is the role of the LSZ in legal training?
A: The LSZ contributes to legal training by making recommendations on legal education and promoting continuous professional development for legal practitioners.
Q9: How does the LSZ ensure the quality of legal services?
A: The LSZ regulates the profession through discipline, trust account transparency, and adherence to ethical standards. It also provides guidelines and oversight to ensure high-quality legal services.
Q10: Can I get legal advice from the LSZ?
A: The LSZ does not provide legal advice directly to the public. However, it can help you find a registered legal practitioner who can offer the legal assistance you need.
For more information or specific inquiries, you can contact the Law Society of Zimbabwe at their address: 5th Floor, Law Society House, 46 Kwame Nkrumah Avenue, P.O. Box 2595, Harare, Zimbabwe. Telephone: +263-24-2751-000, +263-24-2779-207. Email: [email protected].
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