DOING BUSINESS 2016 Frederic Meunier EDBI Conference, Nairobi May 3 rd, 2016
How has the Registering Property indicator changed over time? Efficiency of land administration systems has always been measured: It examines the procedures, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute. New An index measuring the underlying quality of land administration systems (0-30) was added: 1) Reliability of infrastructure index (0-8) 2) Transparency of information index (0-6) 3) Geographic coverage index (0-8) 4) Land dispute resolution index (0-8) New 1
What has been initially measured by the Registering Property indicator? What has the Registering Property indicator been measuring so far? The transfer of a commercial warehouse between two domestic companies 5
What has been added to the Registering Property indicator? 7
What is measured by the Reliability of infrastructure index? (1) Reliability of infrastructure index (0-8): A reliable land administration system requires infrastructure to provide clear information on the ownership of property, support the security of tenure and facilitate the development of a land market. 6 components: 1. How are land titles kept at the registry of the largest business city of the economy? 2. Is there an electronic database for checking for encumbrances? 3. ƒhow are maps of land plots kept at the mapping agency of the largest business city of the economy? 4. ƒis there a geographic information system an electronic database for recording boundaries, checking plans and providing cadastral information? 5. How are the land ownership registry and mapping agency linked? 6. How is immovable property identified? 4
What is measured by the Transparency of information index? (2) Transparency of information index (0-6): A transparent land administration system minimizes the possibilities for informal payments and abuses of the system. 10 components: 5 1. Is information on land ownership made publicly available? 2. Is the list of documents required for completing any type of property transaction made publicly available? 3. Is the fee schedule for completing any type of property transaction made publicly available? 4. Does the agency in charge of immovable property registration commit to deliver a legally binding document that proves property ownership within a specific time frame? 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? 6. Are there publicly available official statistics tracking the number of transactions at the immovable property registration agency? 7. Are maps of land plots made publicly available? 8. Is the fee schedule for accessing maps made publicly available? 9. Does the mapping agency commit to deliver an updated map within a specific time frame? 10. Is there a specific and separate mechanism for filing complaints about a problem that occurred at the mapping agency?
What is measured by the Geographic coverage index? (3) Geographic coverage index (0-8) For maximum effectiveness, the registry and cadaster should make records of all registered private land readily available and the records should cover the entire economy. Several economies have increased the coverage of their land registry and cadaster by registering properties and the associated rights through either systematic adjudication or a more sporadic approach (Thailand, Rwanda, etc.). 4 components: 1. How complete is the coverage of the land registry at the level of the largest business city? 2. How complete the is coverage of the land registry at the level of the economy? 3. How complete the is coverage of the mapping agency at the level of the largest business city? 4. How complete is the coverage of the mapping agency at the level of the economy? 6
What is measured by the Land dispute resolution index? (4) Land dispute resolution index (0-8): The legal framework for land administration needs to assign clear responsibilities to the stakeholders involved in land transactions and provide effective mechanisms of dispute resolution that can be implemented in a consistent way and are accessible to all. 8 components: 7 1. Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third parties? 2. Is the formal system of immovable property registration subject to a guarantee? 3. 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? 4. Does the legal system require verification of the legal validity of the documents necessary for a property transaction? 5. Does the legal system require verification of the identity of the parties to a property transaction? 6. Is there a national database to verify the accuracy of identity documents? 7. How much time does it take to obtain a decision from a court of first instance (without appeal) in a standard land dispute between two local businesses over tenure rights worth 50 times income per capita and located in the largest business city?
What are the regional performance related to the different dimensions of land administration quality? Max EAP ECA LAC MNA OECD SAS SSA Reliability 8 3.04 6.00 3.25 3.90 6.71 1.25 1.64 Transparency 6 2.42 3.54 2.55 1.98 3.65 1.56 1.76 Coverage 8 3.20 3.76 1.06 2.48 6.52 1.50 0.68 Disputes 8 4.94 6.26 4.64 4.52 5.98 3.38 4.33 Total index 30 13.60 19.56 11.5 12.88 22.85 7.69 8.40 No. of countries 189 25 25 32 21 31 8 47 8 88
What are some of the best performances in Sub-Saharan Africa, especially related to the reliability of infrastructure? Max Rwanda Kenya Mauritius Reliability 8 8 7 5 Transparency 6 1.5 3 3 Coverage 8 8 0 2 Disputes 8 7.7 5 4 Total index 30 25 15 14 9 99
10
11
THANK YOU! Questions www.doingbusiness.org