In Madagascar, land is more than just an asset; it is a complex intersection of ancestral heritage and modern economic ambition. For anyone navigating this landscape, understanding the legal shift from the 2005 framework to the recent 2022 reforms is essential.
This article focuses on private property, both titled and non-titled, under the primary legal texts of Loi cadre n° 2005-019 (the overarching principles of land status) and Loi n° 2022-013 (refining non-titled private property).
Tl;dr: Madagascar’s private land system distinguishes between state-secured “Titled” property and locally-recognized “Non-Titled” certificates. For foreign investors, direct freehold remains restricted, making the 99-year mortgageable Bail Emphytéotique the primary legal instrument for secure, long-term property control.
Freehold Paths: Titled vs. Non-Titled Private Property
Private property in Madagascar is governed by two distinct legal regimes. While “Titled” property is the ultimate goal for security, “Non-Titled” property has been recently modernized to formalize traditional holdings.
Titled Private Property (Propriété Privée Titrée)
Often referred to as the “gold standard” of land ownership in Madagascar, Titled Private Property offers the highest level of legal certainty through a process of formal registration known as immatriculation.
Once a property is recorded in the national Land Registry (Livre foncier) and a “titre foncier” is established, the ownership becomes definitive and unassailable, serving as the absolute legal origin for all real rights and encumbrances.
Centrally managed by the “Service de la Conservation foncière”, this regime grants the owner absolute rights to use, enjoy, and dispose of the property, providing a secure foundation for long-term investment and asset protection.
Non-Titled Private Property (Propriété Privée Non Titrée)
Modernized by the recent Law n° 2022-013, the Non-Titled Private Property (PPNT) regime formalizes land held through traditional occupation by issuing an official “certificat foncier.”
To qualify for this certificate, occupants must adhere to the “5-Year Rule,” proving continuous, public, and real use of the land, typically for agricultural purposes, for at least five years. In an effort to prevent land concentration, the law imposes a llimit of 10 hectares per block.
This specific path is characterized by its exclusivity, as it is reserved strictly for Malagasy individuals; legal entities and corporations are barred from obtaining these certificates directly.
Management is decentralized, handled at the local level by the municipal Land Office (Guichet Foncier), which utilizes the Local Land Use Plan (PLOF) to track and validate land status.
Process to Acquire a “titre foncier”
To secure a Land Title (Titre Foncier) in Madagascar, you must undergo the formal process of “immatriculation” (registration). Unlike a land certificate, a title is definitive and unassailable, serving as the absolute legal origin for all property rights.
This system is managed centrally by the Land Registry Service (Service de la Conservation foncière) and typically follows one of two primary paths: individual registration or the transformation of an existing certificate.
The Individual Registration Process
This is the standard journey to move land from the state’s domain into private titled property.
Application (Requisition): The applicant files a formal declaration with the Conservateur, providing civil status, land descriptions, estimated value, and a sketch plan (plan croquis).
Public Notice: To ensure transparency, an extract is published in the Official Journal and posted locally at the court and town hall for 20 days. Neighbors are formally notified to attend the upcoming survey.
Boundary Marking (Bornage): A topographic agent performs a public survey, placing physical markers (bornes) to define the land’s limits. A formal report (procès-verbal) and a definitive plan are produced.
The 6-Month Opposition Window: The law provides a six-month period for any third parties to file claims or objections. If no oppositions are filed, the Conservateur proceeds to final registration.
Judicial Resolution: Should a dispute arise, the file is referred to the Civil Court, where a judge decides the validity of the registration.
Final Issuance: The property is entered into the Livre Foncier with a unique title number, and the owner receives an authentic Duplicate of the Land Title.
Transformation of a Land Certificate
Under Law n° 2022-013, holders of a land certificate have a streamlined path to upgrade their security to a full Land Title.
Boundary Requirement: The transformation requires a formal bornage (boundary marking) according to topographic regulations.
Settlement Window: A specific 15-day period is provided immediately following the marking to settle any boundary disputes.
Finalization: Once non-opposition is certified, the file is transferred to the Land Registry for the creation of the definitive title.
Leasehold: The 99-Year Bail Emphytéotique
In Madagascar, the Bail Emphytéotique is the primary legal gateway for foreign investment and large-scale development. Far more than a standard rental agreement, it is a “real right” (droit réel) that grants the holder virtually the same exploitation and development rights as a freehold owner.
For foreign citizens, who are legally restricted from direct freehold ownership, this 99-year lease functions as a functional equivalent to owning property.
The lease spans between 18 and 99 years and is renewable. This longevity ensures that the asset can be passed down to descendants or extended, providing multi-generational security.
Because it is a real right, the lease is mortgageable. Investors can use the leasehold itself as collateral to secure bank financing, making it a powerful tool for capital-intensive commercial, industrial, or agricultural projects.
With the owner’s consent, the lease can be sold or transferred to a third party. This allows the leasehold to be treated as a liquid asset that can be traded or exited like traditional real estate.
There are virtually no restrictions on how the property is developed or managed during the term. While the tenant (l’emphytéote) is responsible for all land charges and maintenance, they possess the absolute right to build and improve the land.
Typically, improvements revert to the owner at the end of the term, but bespoke “buy-back” or compensation clauses can be structured to protect the investor’s construction value.
Practically speaking, establishing a 99-year lease is a straightforward procedure that bridges the gap between foreign capital and Malagasy land.
Paths for Foreign Investors: Reality vs. Myths
Foreigners often face conflicting information regarding land. Transparency is the only way to build lasting investment security.
The Direct Purchase Myth: Foreigners generally cannot own freehold land directly. Any “private sale” to a foreigner without a specific ministerial authorization is legally void.
The “Local Front” Risk: Using a Malagasy “proxy” (spouse or partner) to buy land is highly risky. Without your name on a lease or a legal structure, you have zero legal recourse if the relationship ends.
Investment Authorization: Foreigners may access state private domain land via specific authorization.
How Madagascar Invest Structures Security
To bridge the gap between Malagasy law and international expectations, Madagascar Invest provides a structured security framework by facilitating the establishment of a local company (SARL) to hold your Bail Emphytéotique.
This strategic approach ensures that your investment is held as an institutional asset rather than a personal one, which effectively mitigates individual risk and simplifies future transfers or successions.
Madagascar Invest can also help you identify and broker the premier real estate deals across Madagascar, specializing in finding the dream property required to bring your vision to life, whether that is a coastal vacation home, a high-yield investment property, or expansive agricultural land.
We maintain an active list of high-potential real estate opportunities in Madagascar that we update periodically, and we invite you to reach out to our team to explore the currently available opportunities to own real estate in Madagascar.
Key Notes
- The Gold Standard: Titled Private Property (PPT) offers definitive, unassailable rights managed centrally by the Service de la Conservation foncière.
- Leasehold Security: The 99-year Bail Emphytéotique is a “real right” that allows investors to develop, mortgage, and transfer property as a liquid asset.
- Foreigner Strategy: To bypass direct ownership bans, international investors typically use a local SARL (company) to hold leases, ensuring institutional stability and easier succession.
