Advisory Notice to Banks, Asset Managers, Insurers, Pension Funds, Investment Firms, REITs, Mortgage Lenders, and Other Local and International Institutions Involved in Securities and Property Transactions: Deeds Registries Regulations, 2025 (Statutory Instrument 76 of 2025)
Background
The Government of Zimbabwe, through Statutory Instrument 76 of 2025 Deeds Registries Regulations, 2025, has enacted comprehensive reforms to the country’s deeds registration framework. These amendments are designed to modernise, digitise, and enhance the security, integrity, and authenticity of title deeds by introducing a securitised deeds regime. This regulatory shift carries significant implications for all institutions engaged in property and securities transactions, including banks, insurers, pension funds, asset managers, investment firms, REITs, mortgage lenders and other affected entities both local and international.The transition will directly impact the creation, registration, and enforcement of mortgage bonds and other security instruments linked to immovable property. Institutions are therefore advised to urgently assess the operational, legal, credit, and risk implications of the new framework.
Key Regulatory Changes Impacting Financial Institutions
1. Validation of Existing Deeds (Section 40)
The Regulations defines a Deed as;
any deed of grant, deed of transfer or other deed conferring title to land or a real right in land, and including—
(a) mortgage bond; or
(b) any notarial deed creating, varying, amending or substituting rights in respect of immovable property
- All holders of title deeds including those underlying existing mortgage bonds are required to submit original title deeds and supporting documents to the Deeds Registry for validation within 24 months from the date of publication of this Statutory Instrument, that is by 18 July 2027.
- Financial institutions should audit all collateral portfolios to ensure that mortgaged properties are compliant and that borrowers initiate validation in a timely manner.
- Unvalidated deeds post-deadline may compromise the legal enforceability of mortgage security.
2. Issuance of Securitised Deeds (Section 41)
- Once old deeds are validated, securitised deeds will be issued in both electronic and physical (secure paper) formats.
- Institutions must update their records and ensure that mortgage bonds are properly endorsed or registered against the new securitised deeds.
- Borrowers will be required to surrender old title deeds upon collection of the new securitised versions.
3. Transitional Validity of Old Deeds (Section 44)
- Old title deeds will remain valid for 24 months from commencement of these regulations, which date shall be announced by the Minister by Statutory Instrument.
- After that, only securitised title deeds will be legally recognised for purposes including but not limited:
- Transfer of propertyMortgage registration and enforcement
- Title verification in loan processing
4. Identity Verification (Section 55)
- Institutions must ensure that identity documentation used in all transactions aligns with the updated requirements:
- Individuals: National ID, valid passport, or driver’s licence
- Companies: Incorporation number from the Certificate of Incorporation
- Trusts: Deeds Registration Number
- PVOs: Official Registration Number
Recommended Actions for Financial Institutions
- Client Awareness: Immediately notify all clients with bonded properties about the requirement to validate their title deeds.
- Collateral Review: Undertake a portfolio-wide review of all mortgaged properties to confirm:
- Existence of original title deeds
- Status of validation with the Deeds Registry
- Legal & Compliance Audit: Consult legal teams to:
- Review existing loan agreements
- Ensure enforceability of bonds post-transition
- Process Alignment: Adjust internal processes to:
- Accept and process securitised title deeds
- Coordinate with clients to update bond registrations
- Ensure secure handling of electronic title documents
- Stakeholder Engagement: Liaise with the Deeds Registry and Conveyancers for guidance on bulk submissions or institutional coordination.
Conclusion
The Deeds Registries Regulations, 2025 represent a significant shift in Zimbabwe’s property and mortgage ecosystem. Financial institutions must act proactively to protect the integrity of their loan security and ensure uninterrupted compliance with the law. Timely validation and alignment with the new securitised deed framework are essential.
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Read the original publication at Muvingi Mugadza