Legal Checks Before Buying a House

What legal checks should I do before buying a house?

A built house is two assets in one: the land with its title, and the building with its permits. The physical walk-through is covered in the house inspection checklist. This page is the paper side. Work through the list below in this order, because the early checks are cheap and can end the deal before you spend money on valuation or legal fees.

1. Seller identity and title. The name on the certificate of title must match the person selling.
2. Official search. A registry search shows the registered owner and anything recorded against the title.
3. Approved building plan. The house on the ground must match the plan the authority approved.
4. Occupation permit. It shows the building was inspected and cleared for use.
5. Rates and utilities. Arrears can follow the property.
6. Tenants. A sitting tenant has rights under the Landlord and Tenant Act, 2022.
7. Spousal consent. Required where the house stands on family land.

Use a practising advocate for the final legal file. Nothing here replaces one, and this is general information as of November 2026, not legal advice.

How do I run a title search on a house?

Start with the original certificate of title, not a photocopy. The Kampala Capital City Authority (KCCA) describes the buyer's steps on its land registration page: complete a search application, pay the search fee, and ask for either a personal search or a search statement. The registry then reports what is recorded on that parcel.

Compare four things on the search result with the seller's documents:

• The registered owner's name, against the seller's National ID.
• The plot description and size, against the title and the sale agreement.
• Any caveat, mortgage or other entry recorded against the title.
• The tenure, which decides how long your interest lasts.

The Land Act, Chapter 236, section 3 defines the forms of tenure: customary, freehold, mailo and leasehold. A freehold title is held in perpetuity or for a period fixed by a condition. A leasehold title ends when the lease ends, so ask how many years remain. On 3 November 2026, the house listings on Land & Property that stated a tenure all said private mailo, while one building listing in Ndejje Namasuba said leasehold with 36 years remaining (Land & Property listings, Nov 2026). Never accept "title in process" as a substitute for a registered title on a house you are paying cash for. For land-specific risks such as overlapping titles, read the land due diligence checklist.

Should the house have an approved plan and an occupation permit?

Yes to both. The Building Control Act, 2013 (Act 10 of 2013), section 34, says no one may carry out a building operation without a valid building permit, and breaking that rule is an offence with a fine of up to 50 currency points, up to two years in prison, or both. Section 35 requires the applicant to attach the land title or proof of ownership and the architect's registration details. Section 36 says the Building Committee may issue the permit within thirty days of receiving the application.

The occupation permit comes at the end. Section 44(1) requires the owner, once the building is complete, to notify the Building Committee and apply for an occupation permit. Section 44(2) gives the Committee fourteen days to examine the building and either issue the permit or refuse it with written reasons. Section 44(3) makes it an offence to occupy a building before a permit is issued. The Building Control (Amendment) Act, 2025, which Pulse Uganda reports was assented to on 19 February 2026, did not create a new requirement, according to the National Building Review Board official quoted there. It tightened enforcement of the existing one.

KCCA's FAQ lists what it asks for at occupation stage: an application letter, the approved drawings, proof of KCCA inspection through the job card, copies of water and electricity bills, a fire certificate and a compliance letter from the architect. The inspection fee on KCCA's page is UGX 80,000 plus VAT (KCCA, as of November 2026; other councils may charge differently). For a house you intend to buy, ask for four documents:

• The approved plan with the authority's stamp.
• The building permit.
• The occupation permit, or a written reason it does not exist.
• The as-built drawings, which show any change from the approved plan.

If the seller has no occupation permit, you can still buy, but price the risk. You may be the owner who has to apply, pay and fix anything the inspector refuses. Section 44(4) lets a committee issue a permit for a partially completed building it finds safe, and section 44(5) limits that permit to twenty-four months, renewable. That route fits houses sold part-finished, which the unfinished house guide covers.

What about rates, utility bills and other charges?

Property rates are charged on the owner, and KCCA says so on its e-Citie portal, citing section 7(1) of the Local Government (Rating) Act. KCCA states the rate as 6% of rateable value, which is the net annual rental value set by registered valuation surveyors, and says residential owner-occupied properties are currently exempt while rented residential properties must pay. For buyers, the key lines are these: you may ask the seller for a certificate of arrears, and if the seller will not provide one you may ask KCCA for it for a prescribed fee. KCCA also says transfers cannot be registered without its certificate that no rate arrears are due. Outside Kampala, ask the municipal or district council what applies.

Utility bills are not a legal title issue, but they reveal facts. Ask for the last several water and electricity bills. Check that the account name, the meter number and the address match the plot you are buying. A very low bill on a house the seller calls "fully occupied" is a warning sign, and unpaid balances are better settled by the seller before completion. For a house in an estate with a service fee, ask for the estate's payment record and its written rules.

What if there are tenants in the house?

The Landlord and Tenant Act, 2022 (Act 9 of 2022) applies to the letting of residential and business premises. It does not stop a sale, but it gives the sitting tenant protections that you inherit as the new owner:

• Section 34 says a tenancy shall not be terminated except in accordance with the Act or the tenancy agreement. The Act lists the ways a tenancy ends in sections 35 to 40, and a sale of the premises is not on that list. In our reading, the tenancy continues unless it is ended in one of the listed ways. Confirm this with your advocate for your particular lease.
• Section 30(6) says that where the status of landlord is transferred to another person, the security deposit shall be transferred, and the successor landlord shall notify the tenant of the change. So the deposit must come across from the seller to you, in cash or as a credit on the price.
• Section 38(2) sets notice periods for residential tenancies: seven days for a weekly tenancy, thirty days for a monthly one and sixty days for a year-to-year tenancy. Section 38(4) makes a shorter notice period in a lease void.

If you are buying to live in the house yourself, "vacant possession" must be written into the sale agreement as a condition, and the seller must end the tenancy lawfully before completion. If you are buying to keep the tenant, ask for the tenancy agreement, the rent receipts and the deposit. Landlords must keep a record of rent receipts under section 25(3). For multi-unit income property, the rental building due diligence guide goes further.

Does my seller need their spouse to consent?

Often, yes. The Land Act, Chapter 236, section 38A gives every spouse security of occupancy on family land. Family land includes land on which the family's ordinary residence stands. Section 39(1) says no person shall sell, exchange, transfer, pledge, mortgage or lease family land, or contract to do so, except with the prior consent of his or her spouse. A family's home is the clearest example.

Three practical points follow from section 39:

• Ask whether the seller is married, and if so, get the spouse's written consent in the form required by the regulations, signed before the sale agreement. The Housing Finance Bank FAQ, for example, asks for both the buyer's and the vendor's spousal consents with copies of identification.
• A spouse who is not the owner may lodge a caveat on the title to show the property is subject to the consent requirement (section 39(7)). A caveat on your search result may be exactly this.
• Where a buyer acts in good faith and without notice that consent was not obtained, section 39(4) makes the transaction void but gives the buyer the right to claim back any money or consideration paid. The wording is awkward, and that is the reason to let an advocate read it. Do not rely on it as a safety net.

The consent is not a formality. A missing spouse can undo your purchase years later. Do not accept a verbal assurance that "she agrees" or that "he is abroad".

What does it cost to transfer a house, and who does what?

The registry steps on KCCA's land registration page run in this order: search the title, get the land valued by the Valuation Office at the Ministry of Lands, Housing and Urban Development before stamp duty is assessed, pay stamp duty at the Uganda Revenue Authority, pay the registration fee, then lodge the transfer. The Ministry's stamp duty guidance, citing the Schedule to the Stamps Act, 2014, puts a transfer at 1.5% of the total value of the consideration, a mortgage deed at 0.5% and a lease at 1%. Tax rates can change, so confirm the rate with URA on the day you sign.

The documents the registry lists include the title, a completed and witnessed transfer form, two consent forms, copies of both parties' identification and proof of payment. The registry handles original documents or properly certified copies only. Your advocate will normally run these steps. If you are buying with a loan, the bank's lawyers add their own checks, which the mortgage guide sets out.

Where should I start?

Start by reading a few real listings so you know what a seller should hand over. Our house listings show tenure, plot size and price, and our verified agents are checked by us before they list. When you have a shortlist, book an escorted site visit and bring the document list above. Check the building before you commit to the deed: the legal file is only half of the decision. If you are new to buying, the first home journey shows how these checks fit in the whole sequence, and if you are weighing a bank-sold house, see houses for sale by banks. To compare houses on larger plots, read buying a house with land.

Frequently asked questions

Related guides

• House Inspection Checklist Before You Buy
• Buying a House With a Mortgage: Step by Step
• Buying Your First Home in Uganda: Step by Step
• Buying an Unfinished House in Uganda
• Land Due Diligence Checklist for Uganda (Printable)
• Buying a Rental Building: Due Diligence