Authorities in the City of Kigali have advised property buyers to carry out due diligence before buying houses and plots of land, citing rising cases of fraudulent acts in the property market.
The warning, which was issued by Marie-Solange Muhirwa, Chief of Urban Planning at the City of Kigali, follows rising cases of people who sell houses which don’t have construction permits.
A Kigali city resident who preferred anonymity told The New Times that he bought a house at Rwf40 million but it developed cracks just after three months.
"I have tried to talk to the previous owner for compensation but in vain. I asked him to show me a construction permit which he used when he constructed the house but he refused,” the source said.
The rise in such cases prompted the Muhirwa to issue a warning that houses constructed without permits will be demolished.
"Buying a house without a construction permit is the same as buying a property acquired through fraudulent means,” Muhirwa said, highlighting the need for property buyers to assess whether the property being sold has all the legal documents.
"It is not advisable to buy a property without consulting leaders, those who have construction permits and one-stop-centre. Most of the houses without permits are constructed within a period of short times and during the night which undermines their quality standards.”
She called for collaboration between citizens and local leaders in eradicating unplanned settlements.
"Officials who receive bribes to allow illegal construction must be apprehended,” she said.
Forgery of documents in property sale
She added that there are many other cases where mafias are engaged in the fraudulent sale of plots and houses that do not belong to them by using forged documents.
"Before buying a property, verify through *651# to know the property owner. Then consult authorities to make sure you do not buy a property with forged documents,” she said.
The warning came after Rwanda Investigation Bureau on July 18, arrested two people over fraudulent sale of a plot of and house that was not theirs.
The two suspects possessed forged land titles and a national identity card of the real owner. They had also reportedly swapped his Simcard, which they used to contact potential buyers.
Vincent Kimenyi, their prey, who is a resident of Kicukiro, was enticed to buy the plot at Rwf15 million.
They were arrested while trying to carry out a land transfer.
The National Police Spokesperson, Commissioner of Police (CP) John Bosco Kabera urged the public be vigilant before buying any property.
"They should consult different institutions such as land notary, Rwanda Revenue Authority and others to help them check to avoid any fraud,” he said.
On July 19, RIB also arrested the Director of the City of Kigali One Stop Centre over issuing construction permits to projects that did not conform to the Kigali city master plan.
Penalties for
According to the law Nº68/2018 of 30/08/2018 on penal code, any person who, by deception, obtains another person’s property, whole or part of his/her finance by use of false names or qualifications, or who offers positive promises or who threatens of future misfortunes, commits an offence.
Upon conviction, they are liable to imprisonment for a term of not less than two years and not more than three years, and a fine of not less than Rwf3 million and not more than Rwf5 million.
If this offence is committed by a person who intends to issue shares, shareholders’ bills, securities, bonds, vouchers or any other cash value, either for a business company, trading company or industry, the applicable penalty is an imprisonment for a term of not less than three years and not more than five years with a fine of more than Rwf5 million and not more than Rwf7 million.
Any person who sells or pledges as a security an immovable or a movable property knowing that they are not the owner, commits an offence.
Upon conviction, they are liable to imprisonment for a term of not less than one year and not more than two years and a fine of not less than Rwf5 million and not more than Rwf1 million.
Penalties to forgery of documents
Any person who, in any manner, forges or alters documents by forged signature or fingerprint, falsifying documents or signatures or impersonation, forging agreements, its provisions, obligations, or discharged obligations commits an offence.
Any person who, with fraudulent intention, produces a false written document, causes to write false statements or produces a conflicting declaration, is considered to commit the offence of forgery.
Upon conviction, they are liable to imprisonment for a term of not less than five years but not more than seven years and a fine of not less than Rwf3 million and not more than Rwf5 million.