Only Congolese nationals are entitled to perpetual land concessions. Legal entities, both foreign and Congolese-owned, are only entitled to limited-term concession modalities, such as land leases up to 25 years, renewable.
"TITLE 1: "LAND REGIME
Chapter 1: PRELIMINARY PROVISIONS
Article 53: Soil is the exclusive, inalienable and imprescriptible property of the State.
Article 54: The land heritage of the State includes a public domain and a private domain.
Article 55: The public land domain of the State consists of all the lands which are assigned to a use or to a public service. These lands are inconceivable as long as they are not regularly decommissioned.
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Article 56: All other lands constitute the private domain of the State.
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Chapter 2: MANAGEMENT OF PRIVATE STATE LAND DOMAIN
Section 1: GENERAL PROVISIONS
Article 57: Under the conditions provided for in this title, land in the private domain of the State may be the subject of a perpetual concession, an ordinary concession or a land easement.
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Article 60: The lands that are part of the private domain of the State are urban or rural. Urban lands are those that are included within the limits of the administrative entities declared urban by the laws or regulations in force. All other land is rural. Depending on their vocation, the land is intended for residential, commercial, industrial, agricultural or livestock use.
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Article 70: Without prejudice to the provisions relating to the perpetual concession, the concessions are only granted for a maximum term of 25 years, renewable under the conditions specific to each right.
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Article 74: The conversion of an ordinary concession into a perpetual concession is only possible in favor of Zairians, natural persons, in accordance with the provisions of Articles 59 and 80 of this law.
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§ 1. PERPETUAL CONCESSION
Article 80: The perpetual concession is the right that the State recognizes to a physical person of Zairian nationality, to enjoy his property indefinitely as long as the conditions of substance and form provided for by this law are fulfilled.
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Article 99: The perpetual grantee may transfer, lease, mortgage his right and encumber it with easements, subject to the provisions of articles 59 and 80 above. He may convert his right into an ordinary concession right under the conditions provided for in Article 59 above.
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§ 2: ORDINARY CONCESSIONS
A. CONCEPTS AND CONTENT
Article 109: Ordinary concessions are: emphyteusis, surface area, usufruct, use and rental.
EMPHYTEOSIS
Article 110: Emphyteusis is the right to have full use of uncultivated land belonging to the State, in charge of developing and maintaining the land and paying the State a fee in kind. or in money.
Article 111: Long lease cannot be established for a term exceeding 25 years. This term is renewable.
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AREA
Article 123: The surface is the right to enjoy a fund belonging to the State and to dispose of the constructions, woods, trees and other plants which are incorporated therein.
Article 124: The area cannot be established for a term exceeding twenty-five years. This term is renewable.
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USUFRUIT
Article 132: The usufruct granted by the State to a person over a fund is the right for him to use and enjoy this fund, like the State itself, but subject to keeping it in its state. .
USUFRUIT
Article 132: The usufruct granted by the State to a person over a fund is the right for him to use and enjoy this fund, like the State itself, but subject to keeping it in its state. .
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Article 135: It cannot be stipulated for a term exceeding twenty-five years. This term is renewable.
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USE
Article 141: The use of a fund is the right that the State recognizes for a person to enjoy it himself with his family, either by living there, or by creating warehouses there for himself. It cannot be granted for a term exceeding fifteen years. This term is
renewable.
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RENTAL
Article 144: By leasing, the State undertakes to give a person enjoyment of land and for a certain price that the latter undertakes to pay him. In principle, it is preparatory to another concession. It cannot be granted for a term exceeding 3 years.
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v§ 4: SPECIAL PROVISIONS FOR FREE CONCESSIONS
A. IN FAVOR OF ZAIRIANS, INDIVIDUALS
Article 160: The President of the Republic fixes the conditions which must govern the concessions free of charge in favor of the Zairians who have rendered eminent services to the nation.
- These concessions may not exceed: - an area of ​​50 hectares for land intended for agriculture or livestock; - an area of ​​5 hectares for industrial or commercial land; - an area of ​​1 hectare for residential land.
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TITLE II: REAL ESTATE REGIME
Chapter 1: PRELIMINARY PROVISIONS
Article 208: The real estate rights referred to in this title are those relating to:
1° Buildings by incorporation other than:
- Forests, trees and any plants, as long as they are not detached from the ground;
- Fruits and harvests as long as they have no separate existence;
2° Buildings by destination;
3° Debt rights tending to acquire or recover a right in rem on the buildings listed in 1° and 2°.
Article 209: The immovable property of the State comprises a public domain and a private domain.
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Article 210: The public real estate domain of the State consists of all the buildings which are assigned to a public use or service.[...]
Article 211: All other buildings are part of the private domain of the State. They are governed by this law and its implementing measures.
Chapter 2: MANAGEMENT OF THE PRIVATE STATE REAL ESTATE DOMAIN
Section 1: GENERAL PROVISIONS
Article 212: Under the conditions provided for in this Title, buildings in the private domain of the State may be the subject either of an assignment or of a lease contract.
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Article 215: The right of ownership acquired by a third party in a building belonging to the State does not prejudge the regime of the right of enjoyment of the land, unless the deed of acquisition provides otherwise.
In this case, the provisions of Section 2 of Chapter 2 of Part II of this Law apply." (Law No. 73-021 of July 20, 1973 on the general property regime, land and real estate regime and securities regime, as amended and supplemented by Law No. 80-008 of July 18, 1980 [google translation])
Law No. 73-021 of July 20, 1973 on the general property regime, land and real estate regime and securities regime, as amended and supplemented by Law No. 80-008 of July 18, 1980 [google translation]
[<a href="http://www.droit-afrique.com/upload/doc/rdc/RDC-Loi-1973-21-regime-foncier-et-suretes-MAJ-1980.pdf">Law</a>]