Somaliland Constitution provides that all land and natural resources in Somaliland are ‘public property commonly owned by the nation and administered by the state, and so that the owner is supposed tenant because anytime the state can withdraw the land and will give compensation to the landlord. Nevertheless, the Constitution protects rights of all citizens to the sanctity of residential land, to access justice, and to own private property.
If you own a land as property which you bought or obtained in another way, you must legally register your plot(s) of land at the Municipality of the City it locates and make the land property FILE. The process from the District level (Waaxda/Degmada) to the Municipal Council (Dawladda Hoose) is more bureaucratic and very complicated particularly in the Capital Hargeisa. It may sometimes take you more than two weeks, but will be finally registered provided that your ownership is clear and not uncertain.
Process and requirements:
- Submit application for registration enclosed with copy of the Public Notary Certificate or any other legal evidence certifying your ownership of the land to the office of the District Commission in which your plot(s) locates;
- At the District, complete Land Registration Form, and pay SL Shillings 100,000 for checking of the land;
- A Municipal Personnel/Geometer (Joomitir) will follow you to see it. Check its dimensions, and make ensure that your plot(s) is in line with the proper town map (Town planning). At this initial step, about $20-$30 is paid for this service. The Geometer will mention in his report dimensions, and directions of the plot, and will attach Area Defining Map marking your plot RED (CASAYN) within the respective block for approval;
- District Reporting Form signed by the Chairman (Commissioner), Secretary, and the Geometer will be filled in, and the Approval Form (CADDAYN) will be filled, and be signed by the Geometer who is head of the District Land Planning Section;
- The Draft FILE will be submitted to the Municipal Council Office, particularly to the Archives Office. At this stage, the FILE will go to different administration offices within the Municipality, and the Archives will be the central office each other office is resubmitting, and then submitting to the next process office which includes the following:-
- Office of the Land, it will be signed by the Head of Land Planning, Head of Land Management and Director of the Land Planning Department,
- Premier of the Land, to pay the due tax of the land as specified in the form based on the land (Plot(s) dimensions;
- Internal Audit Investigation Office, to make sure the relevant tax is properly paid and will be stamped for approval;
- Property Transfers Tax Office. You will be asked about how you acquired the land in order to verify the land acquisition: 1) whether you bought the land, 2) whether you inherited it or, 3) if it is freely offered to you. If you bought the land, you will be sworn of the value written in the Notary Public, and then it will be taxed 2.5%, you may also be liable to pay any previous land tax outstanding. If you inherited the land, you should bring the Inheritance Document, and if so will be taxed $122 particularly when it is vacant land (Not building). If it is offered to you by another person (HIBAYN), you should bring the evidence, it may sometimes be sent to the court to approve the offer, and the tax is the same as the However, if both the offered and the inherited land are buildings, you will pay transfers tax of $361,
- Back to the Audit Office to again check it, be stamped, and again back to the Transfers Office for similar verifications;
- City Map Office, to mark the land for approval and that it is in the Database and officially registered as your ownership. It will be stamped and be numbered (CASAYN).
- At this stage, you will be asked to bring your National Identity Card. But if the owner is not currently present, then Absenteeism Tax of SL Shillings 2250,000 will be paid and the Archives Office will enclose Official Land Form with all the information and will submit it to the Executive Secretary, the Deputy Mayor, and to the Mayor of the City respectively. All the three will sign and approve it;
- The Archives Office will make copy, and file it, and hand the Original Document to the owner, or his/her representing person;
- The whole process may take you two weeks and sometimes longer;
- You will pay sum of $250-350 to the whole process for the 40×60 or 80×60 and 80×80