Myanmar Doing Business

Registering Property

At a Glance : Registering Property

2019 Ranking: 136

2019 Distance to Frontier Score*: 52.30 (unchanged from DB2018)

Regional Average (East Asia Pacific): 57.56

More information on Myanmar’s performance in Registering Property -Click Here

* The distance to frontier (DTF) measure shows the distance of each economy to the “fron-tier,” which represents the best performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s distance to frontier is reflected on a scale from 0 to 100, where 0 represents the lowest performance and 100 rep-resents the frontier. The ease of doing business ranking ranges from 1 to 190. (Source; World Bank)

What it measures

Procedures, time and cost to transfer a property and the quality of the land administration system

Why does it matter?

Real estate typically accounts for 50-75% of national wealth

  • In developing economies, only 30% of land is subject to a form of land registration.

Unregistered property is dead capital

  • Real estate holders will not risk investing on the property.
  • Lenders will not risk lending.
  • Government loses out on tax income.

Registered property enables increasing financing and growth

  • Secure property rights lead to increased investment.
  • Greater credit potential and less costly to obtain finance.
  • Government: revenue increases and greater planning capacity.

 

Measure of Quality

  Answer Score assigned to Myanmar in the Do-ing Business2019 report
Reliability of Infrastructure Index (0-8)   0.0
What is the institution in charge of immovable property registration ? YCDC (YCDC) City Planning and Land Administration Department, Land Record Department of Ministry of Agriculture and Irrigation, Internal Revenue Department  
In what format are the majority of title or deed records kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Paper 0.0
Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions and the like)? No 0.0
Institution in charge of the plans showing legal boundaries in the largest business city YCDC City Planning and Land Administration Department  
In what format are the majority of maps of land plots kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Paper 0.0
Is there an electronic database for recording boundaries, checking plans and providing cadastral information (geographic information system)? No 0.0
Is the information recorded by the immovable property registration agency and the cadastral or mapping agency kept in a single database, in different but linked databases or in separate databases? Separate databases 0.0
Do the immovable property registration agency and cadastral or mapping agency use the same identification number for properties? No 0.0
Transparency of Information Index (0-2)    
Who is able to obtain information on land ownership at the agency in charge of immovable property registration in the largest business city? Anyone who pays the official fee 1.0
Is the list of documents that are required to complete any type of property transaction made publicly available–and if so, how? Yes. Online at https://app.ycdc.gov.mm 0.5
Is the applicable fee schedule for any property transaction at the agency in charge of immovable property registration in the largest business city made publicly available–and if so, how? [Update required] 0.0
Does the agency in charge of immovable property registration commit to delivering a legally binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Other 0.5
Is there a specific and separate mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property registration? [Update required] 0.0
Are there publicly available official statistics tracking the number of transactions at the immovable property registration agency? [Update required] 0.0
Who is able to consult maps of land plots in the largest business city? Only intermediaries (notaries, lawyers etc.) 0.0
Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? Yes. In person 0.0
Does the cadastral or mapping agency commit to delivering an updated map within a specific time frame—and if so, how does it communicate the service standard? No 0.0
Is there a specific and separate mechanism for filing complaints about a problem that occurred at the cadastral or mapping agency? [Update required] 0.0
Geographic coverage index (0–8)   0.0
Are all privately held land plots in the economy formally registered at the immovable property registry? No 0.0
Are all privately held land plots in the largest business city formally registered at the immovable property registry? No 0.0
Are all privately held land plots in the economy mapped? No 0.0
Are all privately held land plots in the largest business city mapped? No 0.0
Land dispute resolution index (0–8)    
Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third parties? Yes 1.5
Is there a specific compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? No No
Does the legal system require a control of legality of the documents necessary for a property transaction (e.g., checking the compliance of contracts with requirements of the law)?  Yes 0.5
If yes, who is responsible for checking the legality of the documents? Registrar; Notary  
Does the legal system require verification of the identity of the parties to a property transaction? Yes 0.5
If yes, who is responsible for verifying the identity of the parties? Registrar; Notary  
Is there a national database to verify the accuracy of identity documents? No 0.0
For a standard land dispute between two local businesses over tenure rights of a property worth 50 times gross national income (GNI) per capita and located in the largest business city, what court would be in charge of the case in the first instance? Township Court in Yangon City, 4 District Courts, Yangon Regional Court  
How long does it take on average to obtain a decision from the first-instance court for such a case (without appeal)? Between 2 and 3 years 1.0
Are there any statistics on the number of land disputes in the first instance? [Update required] 0.0
Equal access to property rights index (-2–0)    
Do unmarried men and unmarried women have equal ownership rights to property?* Yes 0.0
Do married men and married women have equal ownership rights to property?* Yes 0.0

 

Procedures

  Step Details Time Required/Cost
1 Request and obtain a land clearance certificate and map at the Yangon City Development Committee(YCDC) City Planning and Land Administration Department Further details of procedures, including required documents etc. are available here 19 days
10125 kyat for group 1 (most recently developed)
12945 kyat for group 2 (second developed)
15225 kyat for group 3 ( first developed zone)
2 Request and obtain appraisal from the township Inland Revenue Department Further details of procedures, including required documents etc. are available here 

18 days

Between 1,000 and 6,000 kyat)

3 Pay stamp duty at the Township Inland Revenue Department Further details of procedures, including required documents etc. are available here 

1 day

2% stamp duty + 2% additional tax

4 Register new land title at the Land Records Department of the Ministry of Agriculture and Irrigation Further details of procedures, including required documents etc. are available here 

21 days

Government charges MMK ?
Total cost depends on how much the customer pays for the meter box

5 Announce the property transfer in the newspaper Further details of procedures, including required documents etc. are available here 

1 day

The World Bank estimates that it costs roughly MMK 18,000 for publication in a local newspaper

6 Change ownership at YCDC Further details of procedures, including required documents etc. are available here 1 days (After registeration at Office of the Registration
of Deeds and after advertised at news paper (The Mirror Daily and City News) upon submission of the same, we can proceed further.)
30,000 kyat for group 1 (most recently developed)
40,000 kyat for group 2 (second developed)
50,000 kyat for group 3 ( first developed zone)

 

What has improved

The time required to register new land title at the Land Records Department of the Ministry of Agriculture and Irrigation has been reduced from 31 days to 21 days
In July 2018 MOALI started using an internal computerized system to speed up the registration of new land titles. A fully online application system is included in MOALI’s 20-year plan.
The Deed Registration Regulations have been drafted and submitted to the Union Attorney General’s Office 

 

Action Plan

Action Item Timeline Status
Publish user friendly guidelines on property transfer applications and cadastral maps including all steps, document requirements, fees and timelines. Publish online, flyers and brochures, signage. Short Term https://app.ycdc.gov.mm/city_plan/information.php?id=4
Start collecting and publishing statistics on land disputes and the time taken to resolve them, and on land transfers in Yangon per calendar year. Short Term [Update required]
Improve transparency by expanding access to information on land ownership, maps and boundaries which are currently limited to interested parties only. Long Term [Update required]
Review all land related legislation and consider creating a unified land law that would be in line with the National Land Use policy Long Term [Update required]
Convert paper records to a digitalised format and implement an electronic database (digital cadaster) covering all interests in land.   Long Term [Update required]
Develop an integrated registry system for electronic registration that would link to digital cadaster, allowing decentralised access to the system and ensuring that property transactions can be carried out from any location Long Term [Update required]

 

Lead Person

U Thet Naing Oo

The Registering Property Indicator Support Group is headed by the Director General, Department of Agriculture Land Management and Statistics, Ministry of Agriculture and Irrigation

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