National legislation
Although private ownership of land is not allowed, foreigners can acquire the right to use it.
Land user rights
- The Government of Mozambique issues land-user rights called DUATs (Direitos de Uso e Aproveitamento de Terra) for up to 50 years. It is possible to renew it for an additional period of 50 years.
- DUAT acts as a typical land title except that it cannot be mortgaged and is not easily transferable.
- Only incorporated or registered companies can get DUATs.
- Foreign investors have to get an authorization by the administration to acquire a DUAT. Furthermore, in order to get/use the land, investors have to reach an agreement with affected communities. This may involve the execution of a resettlement program.
Special Economic Zones
- In Special Economic Zones, the process of access to land follows general rules except that the organization in charge of authorizing investment in the zone has to formally support the investor.
Procedure to get DUAT
- If the plot is located within a municipal area, the investor has to liaise with the relevant municipality.
- If the plot located outside the municipal area, the DUAT will be issued by the Provincial Directorate of Agriculture. The following supporting documentation is required
| Application in relevant Municipality | Application in Provincial Directorate of Agriculture |
|---|---|
| Copy of applicant’s legal entity’s registration certificate | Copy of applicant’s legal entity’s registration certificate |
| Copy of applicant’s articles of association | Copy of applicant’s articles of association |
| Draft of project location | Draft of project location |
| Summary of the project that the applicant intends to carry out | Descriptive memory/report of the project |
| Descriptive memory/report of the project | |
| Summary of the project that the applicant intends to carry out | |
| Opinion issued by district administrator, preceded by consultation with the local community |
Building and construction permits
- Depending on the location of the project, the construction permit might be delivered by the district or the municipality.
- The application has to provide the following information/documents.
| Works carried out by a building contractor | Works carried out by the applicant (directly) |
|---|---|
| Copy of the authorization of the project | Copy of the authorization of the project |
| Estimated costs of the project, subscribed by project’s technical officer | Map of the covered areas and estimated costs of the project, subscribed by project’s technical officer |
| Declaration of commitment issued by the building contractor | Declaration of commitment issued by project’s technical officer |
| Declaration of commitment of the project monitoring by the applicant out |