From the Minutes -
4. A Bill for the Land Affairs sector (01 text)
The Minister of Land Affairs submitted to the Council the Draft Law amending and supplementing Law No. 73-021 of July 20, 1973 on the general property regime, land and real estate regime and security regime, as amended and supplemented to date .
Referring to the fundamental options maintained in this amended text, he cited in particular the principle of exclusive, inalienable and imprescriptible ownership of the State over the soil and, consequently, the domiciliation of all Congolese land, divided into of the public domain and those of the private domain of the State, on the other hand and, in urban land and rural land, on the other hand.
In addition to the rewriting of certain articles for the need of precision, coherence and adaptation in relation to the legal-institutional evolution resulting from the Constitution of February 18, 2006 and subsequent specific legal texts, this bill includes sixteen (16) innovations including:
- The coherent arrangement of competences between the national, provincial and Decentralized Territorial Entities levels given that the management of the land sector falls under concurrent competences between the national Government and the provinces and that certain matters have been defined as falling within the exclusive competence provinces;
- The incorporation of regimes specific to usufruct, use and habitation and the complement of the device of land easements;
- The abolition of the payment of land royalties in kind;
- Reinforcement of the conditions for access to the function of registrar of real estate titles or Head of Division of the cadastre, as well as the introduction of criminal and civil liability of the Curator of Real Estate Deeds, the Head of Division of the cadastre and Agents under their authority for all faults committed in the exercise of their functions;
- Reinforcement of the conditions for access to the function of registrar of real estate titles or Head of Division of the cadastre, as well as the introduction of criminal and civil liability of the Curator of Real Estate Deeds, the Head of Division of the cadastre and Agents under their authority for all faults committed in the exercise of their functions;
- Reinforcement of the system of offenses in land and real estate matters and the volume of penalties applicable thereto.
Consequently, this text constitutes the legal framework in accordance with the orientations and guidelines of the National Land Policy approved by the Council of Ministers during its meeting of April 15, 2022.
After debate and deliberations, the Council adopted this Bill. Started at 12:40 p.m., the meeting of the Council of Ministers ended at 5:55 p.m.