Land Use Rights

In Mozambique all land is owned by the State. In order to acquire land directly from the State, it is therefore necessary to apply for a land usage title or Direito de Uso e A proveitamento de Terra (DUAT).

Mozambique Shoreline ensured that the developers legally attained all rights, this right is defined as “The right to use and enjoy land”. It is also known as the DUAT, a DUAT is important for both the State and the holders because it guarantees legal possession of a tract of land; and where documented, provides formal proof of this possession and enables the State to organise its land cadastre.

Foreign and national natural and *legal persons* and local communities may hold DAUTs. The condition of each DUAT is determined by the State. In the case of foreign applicants for a DUAT, they must have an approved investment and have been a resident in Mozambique for five years in the case of individuals or, * for legal persons, they must be registered and incorporated in Mozambique.

* “ Natural Person” is the legal term used to denote an individual person while “Legal Person” is used to denote bodies created under law, such as companies and other organisations.

 

Tourism:

The Periodic Occupation Regulation (Decree 39/2007 of 24 August, the Periodic Occupation regulation, Regulamento de Habitação Periódica) establishes the legal regime for the constitution, exercise, transmission and extinction of periodic occupation rights. It also defines the norms for licensing establishments (both tourism and commercial property) operating within this regime. The regulation also establishes the legal regime for residential tourism, the rights established under this regulation are:

  • Real Periodic Occupation
  • Real Tourism Occupation
  • Real Fractional Occupation

The Periodic Occupation Regulation therefore applies to all property or accommodation used for periodic occupation or residential tourism, subjectively to all those involved in the ownership, promotion, commercialisation of such properties as well as those who have the rights listed above.

A right to periodic occupation confers on the holder the following:

  • Use of the accommodation for the relevant period, or of access to accommodation of the same or higher standard nearby if, for some unforeseen reason, their own accommodation cannot be used;.
  • Use of common services and facilities, and services provided by the owner of the periodic ownership investment;.
  • The right to cede these rights to others.

Residential Tourism:

  • Only in areas declared of tourism interest.
  • Includes the granting of full ownership rights and all other use and fruition rights (art.51), including those enforceable against third parties.
  • Can be created and transferred by means of a corporate mechanism such as the incorporation of a local company, that shall regulate the right as an interest over the shareholding in a local company, or by public deed.
  • The creation of the right formalised under a public deed can only be amended after approval of the Tourism Ministry (MITUR).
  • The public deed shall be used for the registration of the right (art.19).
  • The right shall be titled on a certificate (which shall be the basis for subsequent transfers or encumbrances of the right by means of a Public Deed and registered).
  • There are specific requirements for the authorisation of the installation of these units (art.67).