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Investing in Real Estate in the DR Congo: 
Ownership, Rights and Usage of the Land 
 
 
Real estate market in the Democratic Republic of Congo [DRC] is vast, especially for 
urban centres, like Kinshasa, Lubumbashi, Kisangani, Goma, Kolwezi, Bukavu, Matadi, 
etc. 
 
1. Introduction 
Sustained population growth over the last thirty years and the changing socio-economic 
development led to a rapid development of Congolese towns and a strong demand 
relative to supply. Hence, the overall housing deficit estimated at 2.4 million for the 
period 1999 to 2010, or 240,000 homes to be built per year. 
 
Currently, real estate sector in DR Congo is characterized by: 
- a very low number of developers (private or public); 
- the absence of property developers both public and private; 
- the lack of institutions specializing in the financing of real estate; 
- the mismatch between the development of Congolese towns and service 
infrastructure; 
- the absence of barriers of entry for new investors, resulting in easy penetration of the 
market. 
 
2. Land tenure 
 
Land tenure is organised by the Land Code creating a distinction between ownership of 
the land and ownership of the right to use the land. The soil belongs exclusively to the 
Congolese State and all natural or legal persons can obtain a right of possession by 
means of a concession contract . These concessions can be obtained either free of 
charge or against payment. 
 
2.1 Land concessions 
 
The Land Code is dividing the different kinds possession rights into three categories; (1) 
concessions in perpetuity, (2) ordinary concessions, and (3) land easement. In this brief, 
we shall give an overview of the two different types of concessions in the following 
paragraphs. 
 
2.1.1 Concessions in perpetuity 
 
A concession in perpetuity grants its beneficiary the right to enjoy his land eternally, as 
long as the conditions for the granted concessions are being met, and in order to be 
eligible for this kind of concession the applicant must be a natural Congolese national . 
 
The concession contract stipulates the parties' respective rights and obligations in 
addition to the prescriptions of the Land Code. 
 
a. Obligations 
Whenever the concession was granted against payment, the concessionaire is held to 
pay levies and the agreed price for the concession . 
The State on the other hand has the main obligation to safeguard the concessionaire's 
undisturbed use of his concession for the remaining of its validity . 
 
b. Rights 
The main right of the concessionaire, as stipulated in the Land Code, is the right to 
construct, to plant, and to dispose of any constructions or plants which were already 
present or which he constructed or planted after obtaining the concession. Furthermore 
the concessionaire becomes the rightful owner of everything incorporated on his land 
for the duration of his concession . This means a concessionaire may construct a building 
on his land, of which he will become the owner for as long as his concession is granted, 
and can be compared with building and planting rights. 
 
c. Termination 
A concession in perpetuity can only cease to exist in very specific situations, as set out 
in the Land Code . And in case an expropriation takes place, the concessionaire will be 
indemnified for any buildings and other constructions of which he is the owner. 
 
2.1.2 Ordinary concessions 
 
Beside the concessions in perpetuity, which can only be granted to Congolese nationals, 
the Land Code also provides for ordinary concessions to be granted to foreign individuals 
and to Congolese or foreign companies, which take the form of a land lease, building 
lease, usufruct, right of common, or rent . 
 
a. Land lease 
 
In French "emphytéose" is the right to have full enjoyment of a piece of land belonging 
to the State, under the obligation to maintain the land value and to pay a duty. This right 
is granted for renewable 25 year terms and can only be revoked by the State under 
specific conditions. In practice these concessions are being renewed almost 
automatically to e.g. foreign investors having construed buildings on the land for which 
they obtained a land lease. 
 
b. Building lease 
In French "superficie", also granted for renewable 25 year terms, the right to enjoy a 
piece of land belonging to the State grants its beneficiary all the rights a usufructuary is 
granted. However, the beneficiary may not dispose of any buildings on his land except 
in specific circumstances. 
 
c. Usufruct 
In French "usufruit", the right of usufruct allows its beneficiary to use and enjoy the land, 
besides the State, but with the obligation to keep the land in its original state. Once 
again, this right is also granted for renewable 25 year terms but ends upon decease of 
its beneficiary (intuitu personae). 
 
d. Right of common 
In French "usage", granted for a renewable 15 year term, the right of common allows its 
beneficiary and his family to live or create a warehouse on the premises. 
 
e. Rent 
In French "location", a rent can only be accorded for 3 years and is often used as 
preparation for another kind of concession and doesn't confer much rights upon the 
tenant. 
 
Many foreign investors are constructing buildings in the DRC and are aware of this 
outdated land tenure regulation. However, in practice the 25 year term concessions are 
being (automatically) renewed. Concessions are also easily transferable. 
 
2.2 Obtaining a concession 
The procedure for applying for a concession is not set out in the Land Code itself, but in 
a separate implementing measures decree . This decree sets out rules for concurrence 
in applications, submittal of the demand, renewal, and buying back of concessions. 
 
 
AUTHOR: Prof. Joseph Yav Katshung