Statutory Instrument 76 of 2025: Deeds Registries Regulations 2025

The Deeds Registries Regulations have been updated by the issuing of Statutory Instrument 76 of 2025 thereby repealing Statutory Instrument 236 of 2018. The changes effected by the new Statutory Instrument are meant to improve the effectiveness of property registrations Zimbabwe.

The Deeds Office goes digital hence the need to shift from paper-based model to a digitalized system.

Some major highlights in the new Regulations are outlined in the following sections:-

Section 6 – Documents in foreign language shall be accepted by the Registrar provided that the translation is done by a competent and certified translator.

Section 20 – In order to address challenges being caused by fraudulent activities when applying for replacement of lost title deeds the Registrar may now request for further evidence from the applicant or from any other person in whose custody the document may have been before its loss or destruction.

Section 27 – A general power of attorney is no longer acceptable for the purpose of alienating or encumbering immovable property.

Section 37 – The power of attorney wherein transfer is to a rehabilitated insolvent where there is no trustee shall be signed by the Master of High Court.

The climax of the Regulations catching every title deed holder’s attention is the section on the validation process of the old title deeds.

In the Regulations, “Old Title Deeds” mean any title deeds issued prior to the implementation of the regulations. These are the current title deeds over properties.

“Securitised Deeds” mean title deeds that have been validated, digitised, and issued under a new securitisation framework. These are the new title deeds to be issued in electronic format upon successful validation of the old title deeds.

Validation Process (Section 40 of SI 76 of 2025)

The old title deeds are to be submitted to the Deeds Registry for validation within 2 years from date of publication of the Statutory Instrument.
The title deed holder must submit original copy of the old title deed, valid proof of identity in the form of a National ID, Passport or Driver’s licence, fees as set out in the Regulations and a completed application form.
Lawyers and Agents can submit the required documents for validation on behalf of title deed holder provided that they are appointed to act as such through a valid notarized Special Power of Attorney.
Executors of Deceased estates can submit the documents on behalf of deceased title deeds holders.

Issuance Process (Section 41 of SI 76 of 2025)

Upon successful validation of the old title deeds, the Registrar shall issue securitised deeds to the respective owners, in accordance with the digitisation and modernisation objectives of the deeds registry.
The Registrar shall ensure that the transition to securitised deeds maintains the integrity, security, and accuracy of the land records.

Section 42 – The Registrar has been authorised to destroy or dispose of obsolete records that are no longer required for the operation of the Deeds Registry.

Section 65(3) – Electronic services shall be available online anytime of the day throughout the year.

Section 66 – All business with the Deeds Registry shall be conducted electronically, or in person or through an Agent. No business shall be conducted by correspondence or by telephone unless such conduct is invited by the Registrar of Deeds.

Although the digitilisation of the Deeds Office is welcome, the new SI does not however indicate as to how title deeds that are encumbered by a caveat or a bond or a servitude shall be processed for issue of securitised deeds.

Considering the great volume of title deeds that will be lodged in Deeds Office for the digitisation of existing registered documents and the current number of ongoing registrations, it is our recommendation that in order to avoid the possible loss and damage of documents, the Deeds Registry should implement the digitization process as and when transactions are being dealt with in the Deeds Office.

Conclusion

It is of great importance that all title deed holders heed to the call of submitting the old title deeds and obtaining the new securitised deeds as the old ones will eventually become obsolete and will no longer be capable of use for any purpose. This will “rob” the property owner of his/her/its real rights over the property as having title over your property means you have real rights over that property, enjoying the property without interference and you have collateral security for securing loans. You can also unilaterally dispose, donate, bequeath or subdivide the property.

As we wait for promulgation of the effective date of commencement of SI 76 of 2025, please check the status of your current title deed, and if it is lost or misplaced there is urgent need to have it replaced before the validation process commences. If you do not have title over your property we encourage you to attend to registration of the ownership of the property into your name as soon as possible.

Harare, 8 October 2025