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Access to Land in Mozambique: The DUAT System

For investors targeting sectors like agriculture, tourism, or infrastructure in Mozambique, securing access to land is a critical step. The Direito de Uso e Aproveitamento da Terra (DUAT), or Land Use Right, governs how individuals, companies, and communities can utilize state-owned land. This page outlines the DUAT framework, its legal basis, and key considerations for investors, based on Mozambique's Constitution, Land Law, and related regulations as of 2025.

Land Ownership in Mozambique

Under the Constitution and Land Law, all land in Mozambique is state property. This means land cannot be sold, mortgaged, or pledged. Instead, the state grants the DUAT, a right to use and benefit from land, subject to specific conditions and limitations outlined in the legislation.

What is the DUAT?

The DUAT is the legal mechanism by which individuals, corporate entities (domestic or foreign), and local communities gain access to land for economic or personal use. It is regulated by:

  • Land Law: Governs the constitution, exercise, modification, transmission, and termination of the DUAT.

  • Land Law Regulation: Applies to rural areas outside municipal jurisdictions with land registry services, except for Article 45, which applies nationwide.

  • Urban Land Regulation: Covers cities, towns, and legally recognized human settlements with organized planning.

All DUAT-related actions (creation, modification, transfer, or termination) must be registered with the Land Registry Office to be legally valid.

Eligibility for DUAT

Individuals

  • Foreign Individuals: Can obtain a DUAT if they:

    • Have resided in Mozambique for at least 5 years.

    • Have an approved investment project under Mozambique's investment laws.

  • Domestic Individuals: Face fewer restrictions but must comply with land use regulations.

Corporate Entities

  • Foreign Corporate Persons: Eligible if they:

    • Have an approved investment project per the Investment Law.

    • Are constituted or registered in Mozambique (e.g., as a local subsidiary or branch).

    • Obtain formal authorization from relevant authorities.

    • A company is considered foreign if more than 50% of its share capital is held by foreign citizens, companies, or institutions.

  • Domestic Corporate Persons: Can apply directly, subject to compliance with land and investment regulations.

Local Communities

Communities can acquire DUAT collectively for traditional or economic purposes, often with simplified processes to protect local rights.

Restrictions on DUAT

  • Public Domain Areas: Land in partial or total protection zones (e.g., national parks, coastal areas, or infrastructure corridors) cannot be assigned a DUAT. Instead, special licenses are issued for specific economic activities (e.g., tourism or mining).

  • Special Licenses: These follow DUAT rules by analogy, with adjustments for duration and issuing authorities, due to the lack of specific regulations.

Application Process for DUAT

  1. Submit an Application:

    • File with the Provincial Geography and Cadastre Services (rural areas) or Municipal Authorities (urban areas).

    • Include an approved investment project, proof of registration (for companies), and residency details (for individuals).

    • For foreign applicants, evidence of compliance with investment and residency requirements is mandatory.

  2. Land Assessment:

    • Authorities verify the land's availability, ensuring it's not in a protected zone or subject to existing DUATs.

    • Community consultations may be required to respect local land rights.

  3. Approval and Authorization:

    • The competent authority (e.g., provincial governor or Ministry of Land and Environment) grants provisional authorization.

    • Final DUAT approval follows compliance with development plans (e.g., starting the investment project within a set period).

  4. Registration:

    • Register the DUAT with the Land Registry Office to formalize the right.

    • Fees vary based on land size and location (typically a few thousand MZN).

  5. Duration:

    • Provisional DUAT: Up to 2 years (renewable).

    • Definitive DUAT: Up to 50 years for nationals, 99 years for communities, or shorter for foreigners, renewable upon application.

Considerations for Investors

  • Investment Approval: The Investment Promotion Agency (APIEX) is crucial for securing investment project approval, a prerequisite for foreign applicants.

  • Timelines: The process can take 3-12 months, depending on land type, location, and consultation requirements. Urban DUATs are often faster via municipal offices.

  • Costs: Nominal fees for registration and processing, though legal or consultancy fees may add $500-$5,000 USD, depending on complexity.

  • Challenges: Bureaucratic delays, community disputes, or unclear land boundaries can slow progress. Engage local legal experts or APIEX for smoother navigation.

  • Special Licenses: For protected areas, investors must apply for activity-specific licenses, which may have shorter durations and stricter oversight.

  • Urban vs. Rural: Urban DUATs (e.g., Maputo, Beira) are processed faster due to municipal systems, while rural applications may involve more steps.