Malawi Economy Profile - Doing Business 2020

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Malawi Economy Profile - Doing Business 2020
Doing Business 2020   Malawi

                               Economy Profile
                                 Malawi

                                                 Page 1
Malawi Economy Profile - Doing Business 2020
Doing Business 2020                 Malawi

                                                         Economy Profile of Malawi
                                                     Doing Business 2020 Indicators
                                                (in order of appearance in the document)

Starting a business                      Procedures, time, cost and paid-in minimum capital to start a limited liability company

Dealing with construction permits        Procedures, time and cost to complete all formalities to build a warehouse and the quality control and safety
                                         mechanisms in the construction permitting system

Getting electricity                      Procedures, time and cost to get connected to the electrical grid, and the reliability of the electricity supply and the
                                         transparency of tariffs

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

Getting credit                           Movable collateral laws and credit information systems

Protecting minority investors            Minority shareholders’ rights in related-party transactions and in corporate governance

Paying taxes                             Payments, time, total tax and contribution rate for a firm to comply with all tax regulations as well as postfiling
                                         processes

Trading across borders                   Time and cost to export the product of comparative advantage and import auto parts

Enforcing contracts                      Time and cost to resolve a commercial dispute and the quality of judicial processes

Resolving insolvency                     Time, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework for
                                         insolvency

Employing workers                        Flexibility in employment regulation and redundancy cost

                                                                                                                                                                    Page 2
Doing Business 2020                         Malawi

About Doing Business

The Doing Business project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational and
regional level.

The Doing Business project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their life
cycle.

Doing Business captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation for
starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across
borders, enforcing contracts and resolving insolvency. Doing Business also measures features of employing workers. Although Doing Business does not present rankings
of economies on the employing workers indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business, it does
present the data for these indicators.

By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, Doing Business encourages
economies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sector
researchers and others interested in the business climate of each economy.

In addition, Doing Business offers detailed subnational studies, which exhaustively cover business regulation and reform in different cities and regions within a nation.
These studies provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selected
cities can compare their business regulations with other cities in the economy or region and with the 190 economies that Doing Business has ranked.

The first Doing Business study, published in 2003, covered 5 indicator sets and 133 economies. This year’s study covers 11 indicator sets and 190 economies. Most
indicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013
(Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where Doing Business also collected data
for the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited from
feedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving the
regulatory environment for business around the world.

To learn more about Doing Business please visit doingbusiness.org

                                                                                                                                                                                 Page 3
Doing Business 2020                                     Malawi

        Ease of Doing Business in
                                                               Region                    Sub-Saharan Africa                                                DB RANK                     DB SCORE
                    Malawi
                                                               Income Category           Low income

                                                               Population                18,143,315                                                           109                          60.9

                                                               City Covered              Blantyre

Rankings on Doing Business topics - Malawi

                                                                                               11

                                                                                                                       79
                                                                            90

                             128                                                                                                                              127
                                                                                                                                            135                                                            134

      153                                                                                                                                                                            149

                                                    171

    Starting             Dealing                  Getting            Registering           Getting                Protecting               Paying           Trading               Enforcing              Resolving
       a                  with                   Electricity          Property             Credit                  Minority                Taxes            across                Contracts             Insolvency
    Business           Construction                                                                               Investors                                 Borders
                         Permits

Topic Scores

        77.9                   63.1                     45.4                64.9               90.0                     58.0                 62.4              65.3                   47.4                 34.9

      Starting a Business (rank)                                                 153      Getting Credit (rank)                                      11    Trading across Borders (rank)                         127
      Score of starting a business (0-100)                                       77.9     Score of getting credit (0-100)                           90.0   Score of trading across borders (0-100)               65.3
      Procedures (number)                                                           7     Strength of legal rights index (0-12)                      11    Time to export
      Time (days)                                                                  37     Depth of credit information index (0-8)                     7    Documentary compliance (hours)                         75
      Cost (number)                                                              32.6     Credit registry coverage (% of adults)                     0.0   Border compliance (hours)                              78
      Paid-in min. capital (% of income per capita)                                0.0    Credit bureau coverage (% of adults)                      40.2   Cost to export
                                                                                                                                                           Documentary compliance (USD)                          342
      Dealing with Construction Permits (rank)                                   128      Protecting Minority Investors (rank)                       79    Border compliance (USD)                               243
      Score of dealing with construction permits (0-100)                         63.1     Score of protecting minority investors (0-100)            58.0   Time to export
      Procedures (number)                                                          13     Extent of disclosure index (0-10)                          4.0   Documentary compliance (hours)                         55
      Time (days)                                                                153      Extent of director liability index (0-10)                  7.0   Border compliance (hours)                              55
      Cost (% of warehouse value)                                                  8.4    Ease of shareholder suits index (0-10)                     7.0   Cost to export
      Building quality control index (0-15)                                        9.5    Extent of shareholder rights index (0-6)                   5.0   Documentary compliance (USD)                          162
                                                                                          Extent of ownership and control index (0-7)                2.0   Border compliance (USD)                               143
      Getting Electricity (rank)                                                 171      Extent of corporate transparency index (0-7)               4.0
      Score of getting electricity (0-100)                                       45.4                                                                      Enforcing Contracts (rank)                            149
      Procedures (number)                                                           6     Paying Taxes (rank)                                       135    Score of enforcing contracts (0-100)                  47.4
      Time (days)                                                                127      Score of paying taxes (0-100)                             62.4   Time (days)                                           522
      Cost (% of income per capita)                                           1,709.2     Payments (number per year)                                 35    Cost (% of claim value)                               69.1
      Reliability of supply and transparency of tariff index (0-8)                  0     Time (hours per year)                                     169    Quality of judicial processes index (0-18)             9.5
                                                                                          Total tax and contribution rate (% of profit)             34.5
      Registering Property (rank)                                                  90     Postfiling index (0-100)                                  33.2   Resolving Insolvency (rank)                           134
      Score of registering property (0-100)                                      64.9                                                                      Score of resolving insolvency (0-100)                 34.9
      Procedures (number)                                                           6                                                                      Recovery rate (cents on the dollar)                   15.6
      Time (days)                                                                  47                                                                      Time (years)                                           2.6
      Cost (% of property value)                                                   1.7                                                                     Cost (% of estate)                                    25.0
      Quality of the land administration index (0-30)                            10.5                                                                      Outcome (0 as piecemeal sale and 1 as going             0
                                                                                                                                                           concern)
                                                                                                                                                           Strength of insolvency framework index (0-16)          8.5

                                                                                                                                                                                                                        Page 4
Doing Business 2020                         Malawi

     Starting a Business

This topic measures the number of procedures, time, cost and paid-in minimum capital requirement for a small- to medium-sized limited liability company to start up and
formally operate in each economy’s largest business city.

To make the data comparable across 190 economies, Doing Business uses a standardized business that is 100% domestically owned, has start-up capital equivalent to
10 times the income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement of
operations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that one
company is owned by 5 married women and the other by 5 married men. The ranking of economies on the ease of starting a business is determined by sorting their
scores for starting a business. These scores are the simple average of the scores for each of the component indicators.

The most recent round of data collection for the project was completed in May 2019. See the methodology for more information.

 What the indicators measure                                              Case study assumptions

Procedures to legally start and formally operate a company               To make the data comparable across economies, several assumptions about the business and the
(number)                                                                 procedures are used. It is assumed that any required information is readily available and that the
                                                                         entrepreneur will pay no bribes.
• Preregistration (for example, name verification or reservation,
  notarization)
                                                                         The business:
• Registration in the economy’s largest business city                    -Is a limited liability company (or its legal equivalent). If there is more than one type of limited
• Postregistration (for example, social security registration,           liability company in the economy, the limited liability form most common among domestic firms is
  company seal)                                                          chosen. Information on the most common form is obtained from incorporation lawyers or the
                                                                         statistical office.
• Obtaining approval from spouse to start a business or to leave
                                                                         -Operates in the economy’s largest business city. For 11 economies the data are also collected for
  the home to register the company
                                                                         the second largest business city.
• Obtaining any gender specific document for company                     -Performs general industrial or commercial activities such as the production or sale to the public of
  registration and operation or national identification card             goods or services. The business does not perform foreign trade activities and does not handle
                                                                         products subject to a special tax regime, for example, liquor or tobacco. It is not using heavily
Time required to complete each procedure (calendar days)
                                                                         polluting production processes.
• Does not include time spent gathering information                      -Does not qualify for investment incentives or any special benefits.
                                                                         -Is 100% domestically owned.
• Each procedure starts on a separate day (2 procedures cannot           -Has five business owners, none of whom is a legal entity. One business owner holds 30% of the
  start on the same day)
                                                                         company shares, two owners have 20% of shares each, and two owners have 15% of shares
• Procedures fully completed online are recorded as ½ day                each.
                                                                         -Is managed by one local director.
• Procedure is considered completed once final document is
  received                                                               -Has between 10 and 50 employees one month after the commencement of operations, all of them
                                                                         domestic nationals.
• No prior contact with officials                                        -Has start-up capital of 10 times income per capita.
                                                                         -Has an estimated turnover of at least 100 times income per capita.
Cost required to complete each procedure (% of income per
                                                                         -Leases the commercial plant or offices and is not a proprietor of real estate.
capita)
                                                                         -Has an annual lease for the office space equivalent to one income per capita.
• Official costs only, no bribes                                         -Is in an office space of approximately 929 square meters (10,000 square feet).
                                                                         -Has a company deed that is 10 pages long.
• No professional fees unless services required by law or
  commonly used in practice
                                                                         The owners:
Paid-in minimum capital (% of income per capita)
                                                                         -Have reached the legal age of majority and are capable of making decisions as an adult. If there
• Funds deposited in a bank or with third party before registration      is no legal age of majority, they are assumed to be 30 years old.
  or up to 3 months after incorporation                                  -Are in good health and have no criminal record.
                                                                         -Are married, the marriage is monogamous and registered with the authorities.
                                                                         -Where the answer differs according to the legal system applicable to the woman or man in
                                                                         question (as may be the case in economies where there is legal plurality), the answer used will be
                                                                         the one that applies to the majority of the population.

                                                                                                                                                                                  Page 5
Doing Business 2020                        Malawi

Starting a Business - Malawi

  Standardized Company

 Legal form                                                                           Private Limited Liability Company

 Paid-in minimum capital requirement                                                  No minimum

 City Covered                                                                         Blantyre

  Indicator                                                       Malawi                  Sub-Saharan              OECD high                Best Regulatory
                                                                                          Africa                   income                   Performance

 Procedure – Men (number)                                         7                      7.4                      4.9                      1 (2 Economies)

 Time – Men (days)                                                37                     21.5                     9.2                      0.5 (New Zealand)

 Cost – Men (% of income per capita)                              32.6                   36.3                     3.0                      0.0 (2 Economies)

 Procedure – Women (number)                                       7                      7.5                      4.9                      1 (2 Economies)

 Time – Women (days)                                              37                     21.6                     9.2                      0.5 (New Zealand)

 Cost – Women (% of income per capita)                            32.6                   36.3                     3.0                      0.0 (2 Economies)

 Paid-in min. capital (% of income per capita)                    0.0                    9.3                      7.6                      0.0 (120 Economies)

 Figure – Starting a Business in Malawi – Score

                             64.7                               63.3                                83.7                                100.0

                          Procedures                            Time                                Cost                         Paid-in min. capital

 Figure – Starting a Business in Malawi and comparator economies – Ranking and Score

                                                                   DB 2020 Starting a Business Score

                            0                                                                                           100

                                                                                                             93.2: Rwanda (Rank: 35)

                                                                                                    82.7: Kenya (Rank: 129)

                                                                                                  80.1: Regional Average (Sub-Saharan Africa)

                                                                                                 77.9: Malawi (Rank: 153)

                                                                                           72.2: Namibia (Rank: 165)

                                                                                        69.3: Mozambique (Rank: 176)

Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of
the scores for each of the component indicators.

                                                                                                                                                                          Page 6
Doing Business 2020                Malawi

  Figure – Starting a Business in Malawi – Procedure, Time and Cost

                                                                  Time (days)      Cost (% of income per capita)
                                                                                                                                                                  25
               35

                                                                                                                                                                        Cost (% of income per capita)
               30                                                                                                                                                 20

               25
 Time (days)

                                                                                                                                                                  15
               20

               15                                                                                                                                                 10

               10
                                                                                                                                                                  5
               5

               0                                                                                                                                                  0
                     1                 2                     *3                    *4                    *5                    *6                    7
                                                                            Procedures (number)

* This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.

Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the
time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures
reflected here, see the summary below.

                                                                                                                                                                                                        Page 7
Doing Business 2020                         Malawi

Details – Starting a Business in Malawi – Procedure, Time and Cost

No.     Procedures                                                                                                 Time to Complete          Associated Costs

1       Apply for a Certificate of Incorporation at the Registrar General of the Ministry of Justice               5 days on average if      MWK 1,000 for name
        Agency : Registrar General                                                                                 done in person, 14 days   search + MWK 10,000 for
        Company name search is done manually at the same desk of company registration by completing                by mail                   reservation of the
        a form and submitting it to the Registrar general. The Business Registration Act 2013,                                               company name + MWK
        Government Notive No. 11, dated 24th of May 2013, established the electronic Malawi Business
                                                                                                                                             50,000 for application to
        Registration Database which stores information for both non incorporated and incorporated
                                                                                                                                             register the company
        businesses. Although it is not fully implemented yet, the registry is moving towards automation.
        The law provides standard articles of association. By law, registration has to be completed in a
        maximum delay of 21 days.

2       Register for income tax at the Malawi Revenue Authority                                                    1 day if application is   no charge
        Agency : Malawi Revenue Authority                                                                          hand delivered
        Company promoters must register with the Malawi Revenue Authority by filing the memorandum
        and articles of association, the certificate of incorporation (copy), and an application letter or
        completed application for registration form, including the accounting date, the name of a public
        officer, and the nature of the business. The Malawi Revenue Authority then issues a taxpayer
        income tax number.

    3   Apply for a license from the City Assembly                                                                 7 days, simultaneous      MWK 1,000
        Agency : Blantyre City Assembly                                                                            procedure
        Under the Business Licensing Act, wholesalers must apply for a wholesaler’s license; and
        retailers, for a retailer’s license. For industrial activities, relevant fees, procedures, and licensing
        requirements depend on the manufactured goods. Licenses are thus administered by the
        corresponding ministry. By law, a business is to be deemed as fully licensed if the authority does
        not respond within 7 days of the day of the application. The Department of Planning checks
        whether the premises location and business use is consistent with the city code.

    4   Pay the requisite fee and Obtain the license                                                               1 day, simultaneous       MWK 30,000 (Blantyre
        Agency : Ministry                                                                                          procedure                 City Council)
        Upon approval, the license is issued in a couple of days and mailed to the investor. The amount
        payable depends on the type and location of the business in the city. Pursuant to section 37 of the
        Business Licensing Act of 2012, the Minister of Industry and Trade made the Business Licensing
        Regulations, 2014 (‘‘new Regulations’’). The new Regulations came into operation in November
        2014. The issuance of a business license for Malawians where the premises are in a city or
        municipal council such as Blantyre are fixed at MWK 30,000.

    5   Apply for a registration of the workplace                                                                  28 days, simultaneous     MWK 1,000, depends on
        Agency : Occupational Safety, Health, and Welfare Department of the Ministry of Labor                      procedure                 the number of employees
        Promoters must file Form Lab/W/1 (application for registration of workplace) with the Occupational
        Safety, Health, and Welfare Department of the Ministry of Labor.

        Fee schedule for workplace registration:
        - Fewer than 20 employees: MWK 1,000.
        - 21 to 50 employees: MWK 3,000.
        - 51 to 200 employees: MWK 5,000.
        - 201 to 500 employees: MWK 10,000.
        - More than 500 employees: MWK 15,000.

    6   Receive inspection of the company premises by the Occupational Safety, Health, and                         7 days, simultaneous      no charge
        Welfare Department                                                                                         procedure
        Agency : Occupational Safety, Health, and Welfare Department
        When a company files an application for the registration of its workplace, officers from the
        Occupational Safety, Health and Welfare Department inspect the premises. If they are satisfied
        with its conditions, they issue a Certificate of registration to the Company. Otherwise, they will
        advise the company on certain measures to implement in order to improve the working conditions.

7       Register for PAYE and fringe benefit tax at the Malawi Revenue Authority (by mail)                         4 days                    no charge
        Agency : Malawi Revenue Authority
        Promoters must file Form P1 (PAYE) and Form FBT1 (fringe benefit tax). On registering for pay-
        as-you-earn (PAYE) tax, applicants are provided with the following forms: WTF1 (withholding tax
        certificate); WTF2 (summary of withholding tax); P9 (PAYE certificate of total emoluments and tax
        deducted); P10 (advice of employees tax deduction certificates issued); P12 (PAYE monthly
        deduction payment form; and P16 (reconciliation of the number of tax deduction certificates and
        schedule of tax deductions to be sent to the Inspector of Taxes).

Takes place simultaneously with previous procedure.

                                                                                                                                                                         Page 8
Doing Business 2020                         Malawi

     Dealing with Construction Permits

This topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications,
requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the building
quality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professional
certification requirements. The most recent round of data collection was completed in May 2019. See the methodology for more information

 What the indicators measure                                              Case study assumptions

Procedures to legally build a warehouse (number)                         To make the data comparable across economies, several assumptions about the construction
                                                                         company, the warehouse project and the utility connections are used.
• Submitting all relevant documents and obtaining all necessary
  clearances, licenses, permits and certificates
                                                                         The construction company (BuildCo):
• Submitting all required notifications and receiving all necessary      - Is a limited liability company (or its legal equivalent) and operates in the economy’s largest
  inspections
                                                                         business city. For 11 economies the data are also collected for the second largest business city.
• Obtaining utility connections for water and sewerage                   - Is 100% domestically and privately owned; has five owners, none of whom is a legal entity. Has a
                                                                         licensed architect and a licensed engineer, both registered with the local association of architects
• Registering and selling the warehouse after its completion
                                                                         or engineers. BuildCo is not assumed to have any other employees who are technical or licensed
Time required to complete each procedure (calendar days)                 experts, such as geological or topographical experts.
                                                                         - Owns the land on which the warehouse will be built and will sell the warehouse upon its
• Does not include time spent gathering information                      completion.
• Each procedure starts on a separate day—though procedures
  that can be fully completed online are an exception to this rule       The warehouse:

• Procedure is considered completed once final document is               - Will be used for general storage activities, such as storage of books or stationery.
  received                                                               - Will have two stories, both above ground, with a total constructed area of approximately 1,300.6
                                                                         square meters (14,000 square feet). Each floor will be 3 meters (9 feet, 10 inches) high and will be
• No prior contact with officials                                        located on a land plot of approximately 929 square meters (10,000 square feet) that is 100%
                                                                         owned by BuildCo, and the warehouse is valued at 50 times income per capita.
Cost required to complete each procedure (% of income per
                                                                         - Will have complete architectural and technical plans prepared by a licensed architect. If
capita)
                                                                         preparation of the plans requires such steps as obtaining further documentation or getting prior
• Official costs only, no bribes                                         approvals from external agencies, these are counted as procedures.
                                                                         - Will take 30 weeks to construct (excluding all delays due to administrative and regulatory
Building quality control index (0-15)                                    requirements).
• Quality of building regulations (0-2)
                                                                         The water and sewerage connections:
• Quality control before construction (0-1)
                                                                         - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there is no water
• Quality control during construction (0-3)                              delivery infrastructure in the economy, a borehole will be dug. If there is no sewerage
• Quality control after construction (0-3)                               infrastructure, a septic tank in the smallest size available will be installed or built.
                                                                         - Will have an average water use of 662 liters (175 gallons) a day and an average wastewater flow
• Liability and insurance regimes (0-2)                                  of 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day and
• Professional certifications (0-4)                                      a peak wastewater flow of 1,136 liters (300 gallons) a day.
                                                                         - Will have a constant level of water demand and wastewater flow throughout the year; will be 1
                                                                         inch in diameter for the water connection and 4 inches in diameter for the sewerage connection.

                                                                                                                                                                                  Page 9
Doing Business 2020                        Malawi

Dealing with Construction Permits - Malawi

  Standardized Warehouse

 Estimated value of warehouse                                                         MWK 14,274,265.10

 City Covered                                                                         Blantyre

  Indicator                                                       Malawi                  Sub-Saharan               OECD high                   Best Regulatory
                                                                                          Africa                    income                      Performance

 Procedures (number)                                              13                     15.1                       12.7                       None in 2018/19

 Time (days)                                                      153                    145.4                      152.3                      None in 2018/19

 Cost (% of warehouse value)                                      8.4                    8.9                        1.5                        None in 2018/19

 Building quality control index (0-15)                            9.5                    8.9                        11.6                       15.0 (6 Economies)

 Figure – Dealing with Construction Permits in Malawi – Score

                              68.0                              63.4                                57.8                                     63.3

                          Procedures                            Time                                Cost                         Building quality control index

 Figure – Dealing with Construction Permits in Malawi and comparator economies – Ranking and Score

                                                           DB 2020 Dealing with Construction Permits Score

                             0                                                                                             100

                                                                                            73.2: Mozambique (Rank: 61)

                                                                                          70.6: Rwanda (Rank: 81)

                                                                                         70.0: Namibia (Rank: 84)

                                                                                       67.6: Kenya (Rank: 105)

                                                                                    63.1: Malawi (Rank: 128)

                                                                                58.5: Regional Average (Sub-Saharan Africa)

Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scores
are the simple average of the scores for each of the component indicators.

                                                                                                                                                                            Page 10
Doing Business 2020                Malawi

  Figure – Dealing with Construction Permits in Malawi – Procedure, Time and Cost

                                                                 Time (days)       Cost (% of warehouse value)
                                                                                                                                                                   7

               140
                                                                                                                                                                   6

                                                                                                                                                                        Cost (% of warehouse value)
               120
                                                                                                                                                                   5
               100
 Time (days)

                                                                                                                                                                   4
               80

                                                                                                                                                                   3
               60

                                                                                                                                                                   2
               40

               20                                                                                                                                                  1

                0                                                                                                                                                  0
                     1     *2        3           4           5          6           7          *8           9          10         * 11         12          13
                                                                            Procedures (number)

* This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.

Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the
time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures
reflected here, see the summary below.

                                                                                                                                                                                                      Page 11
Doing Business 2020                                Malawi

Figure – Dealing with Construction Permits in Malawi and comparator economies – Measure of Quality

              16                                                                                                                        15.0
              14
              12                                                                     11.0
Index score

                             9.5                        10.0
              10                                                                                                 8.5                                      8.9
              8
              6
              4
              2
              0

                           Malawi                       Kenya                    Mozambique                    Namibia                 Rwanda         Sub-Saharan
                                                                                                                                                         Africa

Details – Dealing with Construction Permits in Malawi – Procedure, Time and Cost

  No.              Procedures                                                                                                Time to Complete   Associated Costs

1                  Obtain approval of plan from the City Council                                                             60 days            MWK 941,432
                   Agency : City Council
                   The general procedure for obtaining the approval of the project plan is as follows:

                   1. BuildCo arranges for a private engineering consultant to complete the building plans. The plans
                   must be prepared by licensed architects and signed by an engineer. However, the type of
                   engineer is not specified, so they do not have to know anything about construction. There is an
                   abusive practice of architects / engineers signing plans prepared by technicians who worked
                   independently without actually reviewing them simply to obtain the payment.

                   2. BuildCo completes the “application for permission to develop or to subdivide land” and a by-
                   laws form, and submits the forms and the plans to the City Council with payment of a fee based
                   on the size of the building and the assessed value of the land.

                   3. The plans and application are then forwarded to a technical panel for consideration. The panel’s
                   members are representatives from the following organizations:

                   • Electricity Supply Corporation of Malawi
                   • Malawi Telecommunications Limited
                   • Water Board
                   • City Council - Physical Planning Department
                   • City Council - Engineering Department
                   • City Council - Parks and Recreation Department
                   • City Council - Health and Environment Department
                   • City Council - Building Department
                   • Occupational Safety, Health, and Welfare Department of the Ministry of Labor
                   • Malawi Housing Corporation
                   • Ministry of Transport and Public Works

                   The panel reviews the building plans and application and either approves the development or
                   suggests amendments. If the panel requires amendments, BuildCo is notified by mail of the
                   changes required. BuildCo can also contact the City Council by phone or in person to inquire
                   about the status of the application.

                   A water connection application is filed along with the site plan. If the panel accepts the application,
                   it is forwarded to the Town and Country Planning Committee, which meets monthly. The
                   committee notifies BuildCo by mail and a notice of decision, a legally binding document, and the
                   by-laws form are issued.

                   The meeting of the City Planning Committee takes place only once a month, and the Technical
                   Panel meets only once every 2 weeks. However, companies may choose to opt for a fast-track
                   option which allows companies to convene an emergency meeting of the Town and Planning
                   Committee at a higher fee charged on top of standard fees. The fee for a fast-track option would
                   be MWK 50,000. In this case, the meeting will take place within about one week of the payment
                   being made. BuildCo will receive an oral decision at the end of the meeting. If there is an
                   affirmative decision, construction can begin right away. The official document will be issued soon
                   after. In practice however, this option is seldom used seldom by companies. Many companies plan
                   ahead of the time and have prior consultations with the municipal officials.

                   Under normal circumstances under Town and Country Planning Act, the Planning Committee
                   should either approve the application or inform the applicant why it cannot be approved within 60
                   days of the application being submitted. In reality, this does not happen often. However, the
                   silence-is-consent rule applies. If after 60 days there is no response, construction can begin.

                                                                                                                                                                    Page 12
Doing Business 2020                          Malawi

     2   Submit project brief and obtain certificate of EIA (environmental impact assessment)                    15 days   MWK 5,000
         exemption from Director of Environmental Affairs Department
         Agency : Environmental Affairs Department
         Unless a project is likely to have a significant environmental impact, project developers can
         prepare and submit a project brief with little or no assistance from environmental specialists. Since
         projects and their stage in the project cycle vary widely, detailed guidelines for the content of a
         project brief are not possible. However, Section 24 of the Environmental Management Act requires
         that a project brief should at least state:

         1. The nature of the project;
         2. The activities that shall be undertaken;
         3. The possible products and by-products anticipated;
         4. The number of people the project shall employ;
         5. The area of land, air or water that may be affected; and
         6. Any other matters as may be prescribed.

         More generally, a project brief should also contain:

         1. A basic description of the project purpose, size, location and preliminary design, including any
         alternatives which are being considered (i.e., site, technology, construction and operation
         procedures, handling of waste).
         2. The stage of the project in the project cycle.
         3. A location map of the project site or site alternatives, and a site plan as it is currently known.
         Maps and plans should conform to the standards discussed below.
         4. A discussion of which aspects of the project are likely to cause environmental concerns and the
         proposed environmental management measures.

3        Notify the City Council of the commencement of construction and receive inspection                      14 days   no charge
         Agency : City Council
         During the construction phase of an approved project, the City Assembly sends out inspectors at
         various stages of construction. Inspectors from the City Assembly’s Departments of Building,
         Environment and Health, and Fire join the national-level Occupational Safety, Health, and Welfare
         Department to inspect the construction site approximately five times. These inspectors come as a
         team, and there is no charge for these visits.

         The Building Department issues six cards that specify when a building should be inspected.
         BuildCo notifies the inspectors by sending a card at the appropriate stage of construction. The
         City Assembly inspectors come within 2 days to 2 weeks of notification. However in reality many
         do not come due to scarcity of resources. In practice, builders continue construction after
         submitting the notice without waiting for the inspection.

4        Notify the City Council of foundation excavation and receive inspection                                 14 days   no charge
         Agency : City Council
         Once the excavation phase is reached, BuildCo notifies the City Council and receives inspection

5        Notify the City Council of brick work foundation and receive inspection                                 14 days   no charge
         Agency : City Council
         Once the brick work foundation phase is reached, BuildCo notifies the City Council and receives
         inspection

6        Notify the City Council of damp proof course and receive inspection                                     14 days   no charge
         Agency : City Council
         BuildCo notifies the City Council of the damp proof course phase and receives inspection

7        Notify the City Council when the construction reaches wall plate level and receive                      14 days   no charge
         inspection
         Agency : City Council
         BuildCo notifies the City Council once the wall plate level phase is reached and receives
         inspection

     8   Apply for water and sewerage connections at the City Council                                            1 day     MWK 20,000
         Agency : Water Board of the City Council
         Sewerage services can be obtained by completing a form that asks for technical information about
         the capacity needed and the location of the pipelines. In practice, the type of construction
         considered here would include a septic tank.

9        Receive water and sewerage inspection by the City Council engineers                                     1 day     no charge
         Agency : City Council
         After the inspection, the cost of extending the sewer pipes to the facilities is estimated, and the
         BuildCo is informed of how much to pay to complete the connection.

10       Obtain water and sewerage connection                                                                    14 days   no charge
         Agency : Water Board of the City Council

                                                                                                                                        Page 13
Doing Business 2020                          Malawi

     11   Apply for occupancy permit                                                                         3 days   MWK 234,108
          Agency : City Council
          The fee for the occupancy permit is a debatable matter between officials and construction
          companies. To define the base for the levying fee, the Municipality has to evaluate the
          construction cost according to its methodology. In addition, quantitative surveyors who work for
          construction companies provide monthly updates to the authorities on the cost incurred. The fee
          must be paid before the occupancy permit is issued.

12        Receive final inspection and obtain occupancy permit                                               1 day    no charge
          Agency : City Council

13        Register the property title in the Lands Registry                                                  7 days   MWK 5,000
          Agency : Lands Registry
          BuildCo must register the property title in the Lands Registry

Takes place simultaneously with previous procedure.

                                                                                                                                    Page 14
Doing Business 2020                         Malawi

Details – Dealing with Construction Permits in Malawi – Measure of Quality

                                                                                                                        Answer                    Score

Building quality control index (0-15)                                                                                                             9.5

Quality of building regulations index (0-2)                                                                                                       0.0

  How accessible are building laws and regulations in your economy? (0-1)                                               Not easily accessible.    0.0

  Which requirements for obtaining a building permit are clearly specified in the building regulations or on any        List of required          0.0
  accessible website, brochure or pamphlet? (0-1)                                                                       documents; Fees to
                                                                                                                        be paid; Available
                                                                                                                        only on request.

Quality control before construction index (0-1)                                                                                                   1.0

  Which third-party entities are required by law to verify that the building plans are in compliance with existing      Licensed architect;       1.0
  building regulations? (0-1)                                                                                           Licensed engineer.

Quality control during construction index (0-3)                                                                                                   1.0

  What types of inspections (if any) are required by law to be carried out during construction? (0-2)                   Inspections at various    1.0
                                                                                                                        phases.

  Do legally mandated inspections occur in practice during construction? (0-1)                                          Mandatory                 0.0
                                                                                                                        inspections are not
                                                                                                                        always done in
                                                                                                                        practice during
                                                                                                                        construction;
                                                                                                                        Mandatory
                                                                                                                        inspections are done
                                                                                                                        most of the time
                                                                                                                        during construction.

Quality control after construction index (0-3)                                                                                                    3.0

  Is there a final inspection required by law to verify that the building was built in accordance with the approved     Yes, final inspection     2.0
  plans and regulations? (0-2)                                                                                          is done by
                                                                                                                        government agency.

  Do legally mandated final inspections occur in practice? (0-1)                                                        Final inspection          1.0
                                                                                                                        always occurs in
                                                                                                                        practice.

Liability and insurance regimes index (0-2)                                                                                                       0.5

  Which parties (if any) are held liable by law for structural flaws or problems in the building once it is in use      Construction              0.5
  (Latent Defect Liability or Decennial Liability)? (0-1)                                                               company.

  Which parties (if any) are required by law to obtain an insurance policy to cover possible structural flaws or        No party is required      0.0
  problems in the building once it is in use (Latent Defect Liability Insurance or Decennial Insurance)? (0-1)          by law to obtain
                                                                                                                        insurance .

Professional certifications index (0-4)                                                                                                           4.0

  What are the qualification requirements for the professional responsible for verifying that the architectural plans   Minimum number of         2.0
  or drawings are in compliance with existing building regulations? (0-2)                                               years of experience;
                                                                                                                        University degree in
                                                                                                                        architecture or
                                                                                                                        engineering; Being a
                                                                                                                        registered architect or
                                                                                                                        engineer; Passing a
                                                                                                                        certification exam.

  What are the qualification requirements for the professional who supervises the construction on the ground? (0-       Minimum number of         2.0
  2)                                                                                                                    years of experience;
                                                                                                                        University degree in
                                                                                                                        engineering,
                                                                                                                        construction or
                                                                                                                        construction
                                                                                                                        management; Being
                                                                                                                        a registered architect
                                                                                                                        or engineer; Passing
                                                                                                                        a certification exam.

                                                                                                                                                          Page 15
Doing Business 2020                          Malawi

     Getting Electricity

This topic measures the procedures, time and cost required for a business to obtain a permanent electricity connection for a newly constructed warehouse. Additionally,
the reliability of supply and transparency of tariffs index measures reliability of supply, transparency of tariffs and the price of electricity. The most recent round of data
collection for the project was completed in May 2019. See the methodology for more information.

 What the indicators measure                                               Case study assumptions

Procedures to obtain an electricity connection (number)                  To make the data comparable across economies, several assumptions about the warehouse, the
                                                                         electricity connection and the monthly consumption are used.
• Submitting all relevant documents and obtaining all necessary
  clearances and permits
                                                                         The warehouse:
• Completing all required notifications and receiving all necessary      - Is owned by a local entrepreneur and is used for storage of goods.
  inspections
                                                                         - Is located in the economy’s largest business city. For 11 economies the data are also collected for
• Obtaining external installation works and possibly purchasing          the second largest business city.
  material for these works                                               - Is located in an area where similar warehouses are typically located and is in an area with no
                                                                         physical constraints. For example, the property is not near a railway.
• Concluding any necessary supply contract and obtaining final
                                                                         - Is a new construction and is being connected to electricity for the first time.
  supply
                                                                         - Has two stories with a total surface area of approximately 1,300.6 square meters (14,000 square
Time required to complete each procedure (calendar days)                 feet). The plot of land on which it is built is 929 square meters (10,000 square feet).

• Is at least 1 calendar day                                             The electricity connection:
• Each procedure starts on a separate day                                - Is a permanent one with a three-phase, four-wire Y connection with a subscribed capacity of 140-
• Does not include time spent gathering information                      kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 kilowatt (kW).
                                                                         - Has a length of 150 meters. The connection is to either the low- or medium-voltage distribution
• Reflects the time spent in practice, with little follow-up and no      network and is either overhead or underground, whichever is more common in the area where the
  prior contact with officials
                                                                         warehouse is located and requires works that involve the crossing of a 10-meter road (such as by
                                                                         excavation or overhead lines) but are all carried out on public land. There is no crossing of other
Cost required to complete each procedure (% of income per
                                                                         owners’ private property because the warehouse has access to a road.
capita)
                                                                         - Does not require work to install the internal wiring of the warehouse. This has already been
• Official costs only, no bribes                                         completed up to and including the customer’s service panel or switchboard and the meter base.
• Value added tax excluded
                                                                         The monthly consumption:
The reliability of supply and transparency of tariffs index (0-8)
                                                                         - It is assumed that the warehouse operates 30 days a month from 9:00 a.m. to 5:00 p.m. (8 hours
• Duration and frequency of power outages (0–3)                          a day), with equipment utilized at 80% of capacity on average and that there are no electricity cuts
• Tools to monitor power outages (0–1)                                   (assumed for simplicity reasons) and the monthly energy consumption is 26,880 kilowatt-hours
                                                                         (kWh); hourly consumption is 112 kWh.
• Tools to restore power supply (0–1)                                    - If multiple electricity suppliers exist, the warehouse is served by the cheapest supplier.
• Regulatory monitoring of utilities’ performance (0–1)                  - Tariffs effective in January of the current year are used for calculation of the price of electricity for
                                                                         the warehouse. Although January has 31 days, for calculation purposes only 30 days are used.
• Financial deterrents limiting outages (0–1)
• Transparency and accessibility of tariffs (0–1)
Price of electricity (cents per kilowatt-hour)*

• Price based on monthly bill for commercial warehouse in case
  study

*Note: Doing Business measures the price of electricity, but it is
not included in the ease of doing business score nor in the ranking
on the ease of getting electricity.

                                                                                                                                                                                       Page 16
Doing Business 2020                      Malawi

Getting Electricity - Malawi

       Standardized Connection

    Name of utility                                                                         Electricity Supply Corporation of Malawi (ESCOM)

    Price of electricity (US cents per kWh)                                                 17.2

    City Covered                                                                            Blantyre

       Indicator                                                    Malawi                      Sub-Saharan               OECD high                Best Regulatory
                                                                                                Africa                    income                   Performance

    Procedures (number)                                             6                          5.2                        4.4                     3 (28 Economies)

    Time (days)                                                     127                        109.6                      74.8                    18 (3 Economies)

    Cost (% of income per capita)                                   1709.2                     3,187.5                    61.0                    0.0 (3 Economies)

    Reliability of supply and transparency of tariff index (0-8)    0                          1.6                        7.4                     8 (26 Economies)

  Figure – Getting Electricity in Malawi – Score

                                 50.0                              52.6                                     78.9                                 0.0

                               Procedures                          Time                                     Cost        Reliability of supply and transparency of tariff index

  Figure – Getting Electricity in Malawi and comparator economies – Ranking and Score

                                                                        DB 2020 Getting Electricity Score

                                 0                                                                                              100

                                                                                                            82.3: Rwanda (Rank: 59)

                                                                                                         80.1: Kenya (Rank: 70)

                                                                                                        78.3: Namibia (Rank: 76)

                                                                                                   71.7: Mozambique (Rank: 103)

                                                                               50.4: Regional Average (Sub-Saharan Africa)

                                                                          45.4: Malawi (Rank: 171)

Note: The ranking of economies on the ease of getting electricity is determined by sorting their scores for getting electricity. These scores are the simple average of the
scores for all the component indicators except the price of electricity.

  Figure – Getting Electricity in Malawi – Procedure, Time and Cost

                                                                   Time (days)           Cost (% of income per capita)
                                                                                                                                                                           1800
               120
                                                                                                                                                                           1600
                                                                                                                                                                                  Cost (% of income per capita)

               100                                                                                                                                                         1400

                                                                                                                                                                           1200
               80
 Time (days)

                                                                                                                                                                           1000

               60
                                                                                                                                                                           800

               40                                                                                                                                                          600

                                                                                                                                                                           400
               20
                                                                                                                                                                           200

                0                                                                                                                                                          0
                        1                         *2                       3                           *4                          5                        *6
                                                                                Procedures (number)

* This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.

Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the
time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures
                                                                                                                                                                                                                  Page 17
Doing Business 2020                 Malawi

reflected here, see the summary below.

 Figure – Getting Electricity in Malawi and comparator economies – Measure of Quality

               7
                                                                                          6         6
               6
                                          5
               5
 Index score

                                                                  4
               4

               3

               2                                                                                              1.6
               1
                     0
               0

                   Malawi                Kenya                Mozambique                Namibia   Rwanda   Sub-Saharan
                                                                                                              Africa

                                                                                                                         Page 18
Doing Business 2020                        Malawi

Details – Getting Electricity in Malawi – Procedure, Time and Cost

No.     Procedures                                                                                              Time to Complete   Associated Costs

1       Submit application to ESCOM, receive quotation and sign contract                                        22 calendar days   USD 2.85
        Agency : Electricity Supply Corporation of Malawi (ESCOM)
        In order to have a new electricity service connection: The customer must visit any customer care
        center or ESCOM office and fill an Application Form. The customer may ask the utility's staff to
        help to fill the form.

        The following details will be required in an application:
        -A sketch map with directions to locate your premises. The map must indicate landmarks of the
        area, features for the premises, the location of ESCOM network in the area and any other details
        that may assist ESCOM staff to locate the premises easily.
        - A list of the electrical appliances that the customer will be using; and
        - Details of the owner of the premises.

        The customer immediately signs the contract. The utility will give a quotation and the customer
        can sign the contract. The security deposit has to be paid at the utility.

    2   Receive external site inspection by ESCOM                                                               1 calendar day     MWK 0
        Agency : Electricity Supply Corporation of Malawi (ESCOM)
        The customer has to wait for the external inspection. The inspection is necessary to prepare a
        technical study. Someone from the customer’s party with an electrical background has to be
        present.

3       Purchase material on behalf of ESCOM                                                                    60 calendar days   MWK 4,700,000
        Agency : Customer
        The policy of the utility is to provide all material. However, the customer can also purchase
        material that is not available. The customer would purchase material on behalf of ESCOM. The
        transformer would be property of ESCOM and not the customer. The customer can be refunded
        the part of material cost that exceed what he/she has to pay to ESCOM for connection charges as
        contribution to the total project cost. However, in practice the partly refund of connection cost is
        rarely done.

    4   Obtain excavation permit from road authority                                                            14 calendar days   MWK 10,000
        Agency : Municipality
        A excavation permit is needed in case a road has to be crossed. The client obtains the excavation
        permit at the Road Authority and notifies the City Council.

5       Receive external works from ESCOM                                                                       45 calendar days   MWK 167,000
        Agency : Electricity Supply Corporation of Malawi (ESCOM)
        The utility is in charge of the design of the external connection. The external connection works are
        carried out by the utility.

    6   Receive internal inspection and meter installation from ESCOM                                           1 calendar day     MWK 250
        Agency : Electricity Supply Corporation of Malawi (ESCOM)
        There is an internal inspection when the meter is installed. Someone from the customer’s party
        has to be present. The meter is installed by the utility, however by a different team from the one in
        charge of the connection works. Electricity starts flowing the moment the connection is done.

Takes place simultaneously with previous procedure.

                                                                                                                                                      Page 19
Doing Business 2020                          Malawi

 Details – Getting Electricity in Malawi – Measure of Quality

                                                                                                                                                    Answer

 Reliability of supply and transparency of tariff index (0-8)                                                                                      0

 Total duration and frequency of outages per customer a year (0-3)                                                                                 0

    System average interruption duration index (SAIDI)                                                                                             ..

    System average interruption frequency index (SAIFI)                                                                                            ..

    What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI                                     N/A

 Mechanisms for monitoring outages (0-1)                                                                                                           1

    Does the distribution utility use automated tools to monitor outages?                                                                          Yes

 Mechanisms for restoring service (0-1)                                                                                                            1

    Does the distribution utility use automated tools to restore service?                                                                          Yes

 Regulatory monitoring (0-1)                                                                                                                       1

    Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of supply?                      Yes

 Financial deterrents aimed at limiting outages (0-1)                                                                                              0

    Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages exceed a certain cap?                No

 Communication of tariffs and tariff changes (0-1)                                                                                                 1

    Are effective tariffs available online?                                                                                                        Yes

    Link to the website, if available online                                                                                                       http://www.escom.mw/curr
                                                                                                                                                   ent-tariffs.php

    Are customers notified of a change in tariff ahead of the billing cycle?                                                                       Yes

Note:

If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index.

If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index.

If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index.

                                                                                                                                                                              Page 20
Doing Business 2020                         Malawi

     Registering Property

This topic examines the steps, 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. In addition, the topic also measures the quality of the land administration system in each economy. The quality
of land administration index has five dimensions: reliability of infrastructure, transparency of information, geographic coverage, land dispute resolution, and equal access
to property rights. The most recent round of data collection for the project was completed in May 2019. See the methodology for more information.

 What the indicators measure                                              Case study assumptions

Procedures to legally transfer title on immovable property               To make the data comparable across economies, several assumptions about the parties to the
(number)                                                                 transaction, the property and the procedures are used.

• Preregistration procedures (for example, checking for liens,           The parties (buyer and seller):
  notarizing sales agreement, paying property transfer taxes)
                                                                         - Are limited liability companies (or the legal equivalent).
• Registration procedures in the economy's largest business city.        - Are located in the periurban (that is, on the outskirts of the city but still within its official limits)
• Postregistration procedures (for example, filling title with           area of the economy’s largest business city. For 11 economies the data are also collected for the
  municipality)                                                          second largest business city.
                                                                         - Are 100% domestically and privately owned.
Time required to complete each procedure (calendar days)                 - Perform general commercial activities.
• Does not include time spent gathering information
                                                                         The property (fully owned by the seller):
• Each procedure starts on a separate day - though procedures
                                                                         - Has a value of 50 times income per capita, which equals the sale price.
  that can be fully completed online are an exception to this rule
                                                                         - Is fully owned by the seller.
• Procedure is considered completed once final document is               - Has no mortgages attached and has been under the same ownership for the past 10 years.
  received                                                               - Is registered in the land registry or cadastre, or both, and is free of title disputes.
• No prior contact with officials                                        - Is located in a periurban commercial zone (that is, on the outskirts of the city but still within its
                                                                         official limits), and no rezoning is required.
Cost required to complete each procedure (% of property                  - Consists of land and a building. The land area is 557.4 square meters (6,000 square feet). A two-
value)                                                                   story warehouse of 929 square meters (10,000 square feet) is located on the land. The warehouse
                                                                         is 10 years old, is in good condition, has no heating system and complies with all safety standards,
• Official costs only (such as administrative fees, duties and           building codes and legal requirements. The property, consisting of land and building, will be
  taxes).
                                                                         transferred in its entirety.
• Value Added Tax, Capital Gains Tax and illicit payments are            - Will not be subject to renovations or additional construction following the purchase.
  excluded                                                               - Has no trees, natural water sources, natural reserves or historical monuments of any kind.
                                                                         - Will not be used for special purposes, and no special permits, such as for residential use,
Quality of land administration index (0-30)                              industrial plants, waste storage or certain types of agricultural activities, are required.
• Reliability of infrastructure index (0-8)                              - Has no occupants, and no other party holds a legal interest in it.

• Transparency of information index (0–6)
• Geographic coverage index (0–8)
• Land dispute resolution index (0–8)
• Equal access to property rights index (-2–0)

                                                                                                                                                                                       Page 21
Doing Business 2020                        Malawi

Registering Property - Malawi

  Indicator                                                        Malawi                     Sub-Saharan          OECD high                  Best Regulatory
                                                                                              Africa               income                     Performance

 Procedures (number)                                              6                       6.1                     4.7                        1 (5 Economies)

 Time (days)                                                      47                      51.6                    23.6                       1 (2 Economies)

 Cost (% of property value)                                       1.7                     7.3                     4.2                        0.0 (Saudi Arabia)

 Quality of the land administration index (0-30)                  10.5                    9.0                     23.2                       None in 2018/19

 Figure – Registering Property in Malawi – Score

                              58.3                               78.0                                 88.4                                 35.0

                          Procedures                             Time                                 Cost                Quality of the land administration index

 Figure – Registering Property in Malawi and comparator economies – Ranking and Score

                                                                  DB 2020 Registering Property Score

                              0                                                                                           100

                                                                                                             93.7: Rwanda (Rank: 3)

                                                                                      64.9: Malawi (Rank: 90)

                                                                            53.8: Kenya (Rank: 134)

                                                                            53.6: Regional Average (Sub-Saharan Africa)

                                                                            53.4: Mozambique (Rank: 136)

                                                                  40.6: Namibia (Rank: 173)

Note: The ranking of economies on the ease of registering property is determined by sorting their scores for registering property. These scores are the simple average of
the scores for each of the component indicators.

                                                                                                                                                                            Page 22
Doing Business 2020                Malawi

  Figure – Registering Property in Malawi – Procedure, Time and Cost

                                                                  Time (days)       Cost (% of property value)
                                                                                                                                                                 1.6
               45

                                                                                                                                                                 1.4
               40

                                                                                                                                                                        Cost (% of property value)
               35                                                                                                                                                1.2

               30
 Time (days)

                                                                                                                                                                 1

               25
                                                                                                                                                                 0.8
               20
                                                                                                                                                                 0.6
               15
                                                                                                                                                                 0.4
               10

               5                                                                                                                                                 0.2

               0                                                                                                                                                 0
                      1                      2                        3                          4                       *5                        6
                                                                           Procedures (number)

* This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.

Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the
time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures
reflected here, see the summary below.

                                                                                                                                                                                                     Page 23
Doing Business 2020                                 Malawi

Figure – Registering Property in Malawi and comparator economies – Measure of Quality

              35

              30                                                                                                                        28.5

              25
Index score

              20
                                                         15.0
              15
                             10.5                                                                                 10.0
              10
                                                                                                                                                            9.0
                                                                                      7.5
              5

              0

                           Malawi                       Kenya                     Mozambique                    Namibia                Rwanda           Sub-Saharan
                                                                                                                                                           Africa

Details – Registering Property in Malawi – Procedure, Time and Cost

  No.              Procedures                                                                                                Time to Complete   Associated Costs

1                  Search for encumbrances at the Land Registry                                                              1 day              MWK 5,000
                   Agency : Land Registry
                   Parties conduct a title search at the Deeds Registry to check for encumbrances of the property.
                   The search can be done either by title number (faster) or by plot number (slower). Malawi has two
                   systems of land title registration; one under the Registered Land Act and the other under the
                   Deeds Registration Act. If it is a search for one property, it takes less than 15 minutes in the Title
                   Registry, but it may take longer in the Deeds Registry because of cross-referencing. An official
                   search certificate can be issued if the parties request one. The search certificate provides details
                   of all subsisting entries in the register of the property at the date of the search.

2                  Obtain a city rates clearance certificate                                                                 2 days             MWK 20,000
                   Agency : Blantyre City Council
                   A letter is sent to the City Assembly to obtain a city rates clearance certificate. The parties search
                   for unpaid city taxes on the property at the Municipality. The system is computerized. When the
                   rate payer's details are entered in the system, the account shows all outstanding taxes. The users
                   can also call to obtain the basic information, but this information cannot be used for official
                   purposes. A written certificate is required to be signed by the Chief Executive.

3                  Apply for consent to transfer the property at the Commissioner of Land                                    30 days            MWK 5,000
                   Agency : Commissioner of Land
                   On September 1, 2016, Malawi adopted the Land Act N 16 of 2016 delegating the authority for
                   providing the consent for transferring property from the Ministry of Lands to the local government
                   authorities, Commissioner for Lands (including Regional Commissioners) and the corresponding
                   subordinate or authorized officer. The process starts with an application to the Regional
                   Commissioner for Lands. The request is also sent to the Anti-Corruption Bureau for clearance.

4                  Obtain a tax clearance certificate from the Malawi Revenue Authority                                      7 days             no charge
                   Agency : Malawi Revenue Authority
                   Parties apply for a Tax Clearance Certificate from the Malawi Revenue Authority.
                   The following documents must be provided to the Authority.
                   - Original Title Deed
                   - Sale-purchase agreement
                   - An evaluation report from a certified evaluator

              5    Stamping of the conveyance deed at the Registrar General’s office                                         1 day              MWK 214,113.98; (1.5% of
                   Agency : Registrar General's office                                                                                          property value)
                   The deed is taken for stamping at the Registrar General’s office. If it is submitted in person, it will
                   take 1 day. If it is done by mail, it will take 1 month.

6                  Apply for registration at the Deeds Registry                                                              7 days             MWK 5,000
                   Agency : Deeds Registry
                   The parties take all the documents for registration at the Deeds Registry. The Registry will issue a
                   title deed under the name of the buyer.
                   The documentation shall include:
                   City rates clearance certificate (obtained in Procedure 2)
                   Tax clearance certificate (obtained in Procedure 4)
                   Stamped deed (obtained in Procedure 5)

 Takes place simultaneously with previous procedure.

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