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Capital Foncier exclusive mechanism
To allow an operator to fund construction without freezing your money, we require them to allocate one or more third-party lots — already titled or in the process of being titled — worth 1.5 to 2 times the amount you pay. If your lot is not effectively delivered, those lots revert to you — by notarial deed.
Each lock adds a layer of operator commitment. None depends on an administrative authority.
All original documents for the substitution lot (village attestation, ADU, surveying plan, boundary survey report, tax receipts) are held in conventional escrow by the instrumenting notary (Art. 1956 Ivorian Civil Code). Without these originals, the operator cannot practically sell this lot to a third party.
A bilateral conditional sale promise is signed before the notary (Art. 1589 Ivorian Civil Code). If effective delivery of your lot is not recorded by the deadline, the irrevocable mandate of shared interest (Art. 1984 et seq. Ivorian Civil Code) allows the notary to automatically transfer the substitution lot to the buyers.
Each allocation is recorded in an internal Capital Foncier registry published for information purposes. Any prospective buyer of an allocated lot can consult it publicly. This publication creates knowledge that can be invoked against bad-faith third parties (without constituting land publicity in the CPFH Land Registry sense).
The operator's directors personally undertake that the company will honour the allocation (Art. 1120 Ivorian Civil Code). If the company breaches the commitment (undisclosed transfer, dispute), the directors are jointly and severally liable on their personal assets.
Buying a plot before it is effectively delivered carries a known risk: if the operator fails to deliver on time, the buyer may lose their deposit. Standard solutions (full fund escrow, bank bonds) are either incompatible with an intermediate operator's cash flow, or simply unavailable on the Ivorian market for non-titled plots.
The exclusive land allocation (affectation foncière exclusive) is our answer: it uses classical Ivorian civil law instruments — conventional escrow, bilateral promise of sale, irrevocable mandate, guarantor undertaking (porte-fort) — to create a security mechanism that does not depend on the CPFH Land Registry. Everything is consolidated in a single notarial deed: the Acte de Sûreté Foncière Conventionnelle (ASFC).
You reserve a plot and sign the bilateral sale promise before the notary.
You transfer your funds to the notary's temporary CARPA account.
The operator allocates one or more substitution lots before the same notary; the ASFC is executed; the 4 locks are in place.
The notary releases the funds to the operator in one transfer — they can finance construction.
If effective delivery is recorded → the land lock is lifted; you become the owner of your lot.
If delivery does not take place → the transfer agreement is activated; the substitution lot is transferred to you pro rata of the amounts paid.
The value of the substitution lot is calibrated to absorb a potential resale discount.
Target ratio: 1.5×. The lot's liquidity is high — resale after transfer occurs without significant discount.
Target ratio: 1.7×. A slight discount is possible at resale; the ratio compensates.
Target ratio: 2×. Legal status regularisation is needed before a smooth resale; the wider ratio compensates for the friction.
Transparency: here are the acknowledged limits of the arrangement.
The exclusive land allocation is NOT land publicity in the Land Registry sense — only the CPFH (Conservation de la Propriété Foncière et des Hypothèques) maintains that official register. It is NOT enforceable against a good-faith third-party buyer who did not consult the internal CF Registry.
Capital Foncier is NOT an OHADA security agent, NOT a credit institution, NOT a payment institution, and NOT an insurer. The instrumenting notary remains the sole technical trusted third party — Capital Foncier issues an informative technical opinion, without any blocking power.
The mechanism depends on the quality of the operator, the instrumenting notary, and the substitution lot. Capital Foncier audits each programme before listing, but cannot guarantee the outcome — the value actually recoverable if the mechanism is activated depends on the lot's liquidity at the time of transfer.
No. You hold a conditional bilateral sale promise and an irrevocable mandate to the notary. The actual transfer only takes effect upon a recorded default.
The instrumenting notary records non-delivery within the contractual deadline, based on factual evidence (absence of boundary survey, absence of servicing, etc.). A bailiff may be commissioned for the formal record.
The substitution lots are distributed pro rata of the amounts paid into the CARPA account. A buyer cannot claim more than their share.
No. It is an internal Capital Foncier registry published for information purposes. Its function: to create knowledge that can be invoked against bad-faith third parties who might purchase a lot already allocated as security. It is NOT a substitute for the official Land Registry.
The irrevocable mandate and the directors' personal undertaking subsist in principle; however, under OHADA collective proceedings, security constituted less than 18 months before cessation of payments may be voidable. Capital Foncier audits the operator's solvency before listing a programme — the risk is limited, not zero.
The ratio compensates for the risk of a resale discount on the substitution lot if activation is needed. The more precarious the lot's legal status (village attestation) or the less liquid the area, the higher the ratio must be.
Discover programmes open for off-plan reservation with exclusive land allocation.
