Access to Land in Lesotho

What this Covers and Why it Matters.

Lesotho’s land is vested in the Basotho Nation and administered under the Land Act, 2010. Investors typically hold land via leases (not freehold), with durations by use (e.g., up to 90 years for residential/agricultural; 60 years for commercial/industrial/hotel; 30 years for petroleum uses). Foreign investors may hold land through a foreign enterprise with at least 20% Basotho ownership. Lease transactions (assignment, sublease, servitudes) generally require the Commissioner’s consent and registration at the Deeds Registry.

Legal authorityActorsWhat it meansOutcome
Land Act, 2010 (see LesLII)Minister of Lands; Commissioner of Lands; Land Administration Authority (LAA); Local Councils; Registrar of DeedsAll land vested in the Basotho Nation; leases granted by use and duration; who may hold title; consents & timelines; ground rent/charges.Secure lease title; transact with consent; pay ground rent & any development charges.
Land Regulations, 2011 (see LesLII)Minister/Commissioner; LAAOperational rules for development obligations, planning approvals before building, service connections, administrative fees, and late ground‑rent levy.Practical conditions, fees and compliance duties on lessees.
Land Administration Authority Act, 2010 (see LesLII)Land Administration Authority (LAA)Establishes LAA and its fee‑funding; LAA runs portals and processes consents/registrations with the Commissioner/Registrar.Centralized delivery of land services (incl. online tools).
Deeds Registry Act, 1967 (see LesLII)Registrar of DeedsLong‑term leases/subleases (≥3 years or renewable beyond 3) must be registered for enforceability.Registered instruments protect investor rights.

Types / Categories of Land and Typical Leases

Category / useAdministering authorityMax lease durationNotes
Urban land (residential / services / institutions)Local Council allocates; Commissioner issues lease; LAA processesUp to 90 yearsUrban grants must follow approved development plans; ground rent applies; residential leases may be ground‑rent free for a citizen’s principal residence.
Agricultural landCommissioner (often following allocation verification); LAAUp to 90 yearsMay carry agricultural‑specific admin fees and development obligations (e.g., fencing, development within 5 years).
Commercial / light industrial / hotelLocal Council & Commissioner; LAAUp to 60 yearsIncludes planning and utility connection conditions.
Heavy industrialAs aboveUp to 60 yearsOften additional EIA/planning conditions depending on the project.
Petroleum sales / wholesale petroleum storageAs aboveUp to 30 yearsSeparate statutory cap for petroleum uses.

Getting a Lease Title

(Allocation/Regularisation → Lease Issuance)

Step & processRequired documents (typical)Where to apply / contacts
Step 1: Identify land & confirm availability – for urban areas, available land is publicised; applications go to the Allocating Authority (Local Council).Site identification; concept and intended use.The Commissioner / Local Council / Allocating Authority may also issue notices.
Step 2: Allocation decision – Council decides and issues a certificate of grant of title (triplicate).Allocation application pack as per call.Local Council; certificate forwarded to the Commissioner within 14 days.
Step 3: Lease preparation & execution – Commissioner prepares the lease within 3 months of receiving the certificate; execution and registration follow.ID/company docs; proof of eligibility to hold land; boundary description/plan; supporting title/affidavits.Commissioner of Lands / LAA (processing) and Registrar of Deeds (registration).
Step 4: Pay ground rent / charges – ground rent payable per use/location; development charges/premiums may apply.Invoice/assessment.LAA / Commissioner (collections & billing).

Leasing and Subleasing

(After you hold a Lease)

  • Consent required: assignments, subleases, and certain servitudes require the Commissioner’s consent; decisions are typically issued within about 30 days.
  • Register long‑term instruments: subleases of 3 years or more (or renewable beyond 3) must be registered at the Deeds Registry, usually within about 3 months after consent.

Sublease – Illustrative Workflow

Step & processRequired documents (typical)Where / timeline
Step 1: Apply for consent to subletDraft sublease; ID/lease copies; proof of ground‑rent up‑to‑date.LAA / Commissioner; decision ~30 days.
Step 2: Billing & paymentGround‑rent arrears (if any), application/consent fees.LAA billing / e‑billing (where available).
Step 3: Sign sublease & lodge for registrationFinal signed sublease; proof of consent; legal fees.Deeds Registry – lodge within ~3 months after consent.

District‑Specific Land Premium Snapshots (official notices)

Premiums are one‑off prices payable on new allocations tendered by councils. They vary by site, size and cadastral plan and are published through Government Gazette notices.

National Fees (Apply in All Districts)

ItemBasis / amountNotes / Source
Administrative fees (agricultural area services)Lease preparation M20; other title document M50; specific consent M20; publication/planning service M30; late ground‑rent levy = 10% of ground rent or M10 (whichever greater) per defaultLand Regulations, 2011 (Fourth Schedule)
Consent to transfer (illustrative)M100 consent feePer LAA transfer process materials
Ground rent (annual)Assessed by LAA by use & location; principal residence may be exempt for citizensLand Act, 2010
Deeds registration (selected items)Examples of fixed fees in prior schedules (≈M100–M200)Government Gazette fee schedules (Deeds Registry)

Standard Timelines (By Law, All Districts)

MilestoneStatutory timingNotes / Source
Allocating Authority forwards certificate of grant of title to the CommissionerWithin 14 days of grantLand Act, 2010 (s29)
Commissioner prepares lease document for executionWithin 3 months of receiving the certificateLand Act, 2010 (s29)
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