2024-12-20
The National Bank of Angola issued Notice No. 09/2024 to establish a Special Credit Scheme for housing and real estate construction, updating eligibility criteria and maximum financing limits. Banking financial institutions must now cap mortgage interest rates at seven percent and construction loan rates at ten percent, limit upfront commissions to one percent, and restrict eligible property values to 150 million Kwanzas for housing and 200 million Kwanzas for tourist or catering developments. The regulation mandates rigorous risk and property valuation assessments, requires monthly reporting of disbursed contracts to the central bank, grants favorable mandatory reserve deductions for compliant loans, and officially revokes Notice No. 09/2023 upon its December 21, 2024 entry into force.
CONTINUATION OF NOTICE No. 09/2024 Page 1 of 15 PUBLISHED IN THE OFFICIAL GAZETTE, SERIES I, NO. 242, OF 20 DECEMBER 2024 NOTICE NO. 09/2024 SUBJECT: FINANCIAL SYSTEM − Special Credit Scheme for Housing and Construction of Real Estate for Housing, Tourist Enterprises and Catering and Similar Establishments There being a need to update the scope of application of the Notice on Housing and Construction Loans, particularly about the maximum value of housing loans and the purposes of construction loans. Pursuant to the combined provisions of article 25(a) of Law no. 14/ 21, of 19 May - Law on the General Regime of Financial Institutions, and article 98(1), both of Law no. 24/21, of 18 October - Law on the National Bank of Angola, I hereby determine: I HEREBY DETERMINE: Chapter I General Provisions Article 1 (Object)
CONTINUATION OF NOTICE No. 09/2024 Page 2 of 15 2. With regard to credit for Tourist Enterprises and Catering and Similar Establishments, only properties located in areas of tourist interest and potential, created under Presidential Decree no. 92/21, of 16 April, or registered in the Integrated Tourism Management System - ITMS, are eligible. Article 2 (Scope) This Notice applies to banking financial institutions that carry out credit activities under the supervision of the National Bank of Angola, in accordance with the provisions of Law No. 14/21 of 19 May, the Law on the General Regime of Financial Institutions. Article 3 (Definitions) For the purposes of this Notice, the following shall be taken into account: a) Self-construction - a case in which the private client, owner or promised purchaser of a plot of land, hires a legally constituted construction company to build his property for his own permanent dwelling. b) Building credit - a credit granted to the promoter of a housing project or tourist, catering and similar facilities; c) Housing credit - credit granted to an individual customer for the purchase of real estate for his/her own permanent residence: i. Already built; or, ii. Under construction or to be built in the immediate future, by selfbuilding or as part of a housing development under construction; d) Real estate agent - a company authorised to sell a property to a natural person on behalf of a third party, pursuant to Law no. 14/12, of 4 May - Real Estate Mediation Act; e) Developer - a construction company and/or owner of a housing project, as well as a duly incorporated property brokerage company;
CONTINUATION OF NOTICE No. 09/2024 Page 3 of 15 f) Infrastructured plots - plots located in an area where basic infrastructures have been installed, namely sanitary facilities, power lines, water supply, paved roads and public lighting; g) Tourist establishments - establishments designed to provide accommodation services to the general public for a fee, with a range of facilities and complementary services according to their type and specificity; h) Restaurants and similar establishments - establishments designed to provide, against payment, food, and drink services for tourist purposes, either inside or outside the establishment. Article 4 (Credit Risk Assessment and Management)
CONTINUATION OF NOTICE No. 09/2024 Page 4 of 15 b) During the term of the credit, regularly monitor the following: i. The construction of the property, if applicable; ii. Their clients, in order to identify at an early stage any financial difficulties or other circumstances which may increase the risk of default, and to take appropriate action to prevent or remedy the situation. Article 5 (Cost of Credit)
CONTINUATION OF NOTICE No. 09/2024 Page 5 of 15 c) Fees and remuneration related to notarial and registration acts in the granting of credit; d) The cost of insurance policies; e) Any taxes payable on the credit, commissions and interest; and; f) Commissions related to the brokerage of the property. 6. The maximum nominal interest rate applicable to mortgage loans is seven per cent (7%) per annum; 7. The maximum nominal interest rate applicable to loans for the construction of residential buildings, tourist facilities, restaurants and similar establishments is 10% (ten per cent) per annum; Article 6 (Public Disclosure of the Availability of this Scheme) Banking financial institutions must visibly publicise the availability of the credit modalities defined herein on their institutional website, as well as the requirements for accessing them. Chapter II Housing Credit Article 7 (Eligibility Criteria)
CONTINUATION OF NOTICE No. 09/2024 Page 6 of 15 ii. Purchase of a property built or to be built by a promoter. b) Credits restructured after the entry into force of this Communication, for proven reasons of financial difficulty on the part of the borrower, provided that the amount remaining at the time of the restructuring is equal to or less than the amount referred to in paragraph 1 of this Article. 3. New properties owned by banking financial institutions that are part of a housing project and that have been received in payment or fulfilment of a construction loan, with a sales value equal to or less than that established in paragraph 1 of this article, may be sold to their clients and financed under the terms of this Notice, provided that all its requirements are met. 4. Properties that have been allocated by the State to a citizen under the terms of the regime for access to housing built with public funds may also be financed under the terms of this Notice, provided that the conditions of this Article are met. 5. The Special Housing Credit Scheme established in this Notice does not grant the credit granted: a) Under the terms of an internal home loan policy or special conditions intended exclusively for the employees of the banking financial institution itself; b) To a customer who is a borrower under another current mortgage loan, whether or not that loan is originated by another financial institution or guaranteed by another property. c) When the seller of the property is the spouse, de facto partner, ascendant or descendant up to the second degree in the direct line of descent of the Customer or of companies managed by them; d) For the purchase of land without infrastructure and/or for self-building or for the purchase of a property in a residential project under construction or built on land with these characteristics; and,
CONTINUATION OF NOTICE No. 09/2024 Page 7 of 15 e) To carry out works to improve or increase the built area of an existing dwelling. Article 8 (Terms and Conditions Applicable to Credits)
CONTINUATION OF NOTICE No. 09/2024 Page 8 of 15 Chapter III Construction Credit Article 9 (Eligibility Criteria)
CONTINUATION OF NOTICE No. 09/2024 Page 9 of 15 f) To be registered as a real estate developer with the Instituto Nacional de Habitação (National Housing Institute) and/or another regulatory body competent for this purpose; g) A valid contractor's licence is required for the developer who is also the developer of the project. 4. The special construction credit scheme established in this Notice does not cover credit for: a) Acquisition of land that is not infra-structurised, as well as housing projects to be built on that land; b) Equipping tourist resorts and catering and similar establishments, namely for the purchase of furniture, equipment and the like. Article 10 (Terms and Conditions Applicable to Credits) Construction projects financed under this Notice must be dimensioned in such a way that they can be built in no more than 3 (three) years. Chapter IV Mandatory reserves Article 11 (Deduction from Mandatory Reserves)
CONTINUATION OF NOTICE No. 09/2024 Page 10 of 15 b) Credit for the construction of residential property - 50% (fifty per cent), and in the case of Housing Cooperatives, the deduction is 75% (seventyfive per cent); and, c) Credit for the construction of tourist developments and catering and similar establishments - 75% (seventy-five per cent). 2. The following are no longer deductible from mandatory reserves: a) Construction loans extended due to the project's construction period exceeding 3 (three) years; and, b) Credits in default for more than 180 (one hundred and eighty) days. Article 12 (Reporting) Banking financial institutions are required to submit a monthly list of disbursed and restructured contracts in force to National Bank of Angola. The format and information to be included in this list will be defined in their own regulations. Chapter V Final Provisions Article 13 (Period of Validity) The terms and conditions applicable to credits granted or restructured under Article 5 of this Notice shall remain in force for the duration of each credit. Article 14 (Sanctions) Failure to comply with the provisions of this Notice constitutes a misdemeanour and is punishable under the provisions of Law No. 14/21 of 19 May - Law on the General Regime of Financial Institutions.
CONTINUATION OF NOTICE No. 09/2024 Page 11 of 15 Article 15 (Doubts and Omissions) Doubts or omissions in the interpretation and application of this Notice shall be settled by the National Bank of Angola and should be sent to the following e-mail address dro@bna.ao. Article 16 (Revocation) Notice no. 09/2023, of 3 August, and all regulations contrary to the provisions of this Notice are hereby revoked. Article 17 (Entry into Force) This Notice shall enter into force on the day following its publication. BE IT PUBLISHED Luanda, 27th December 2024. THE GOVERNOR MANUEL ANTÓNIO TIAGO DIAS
CONTINUATION OF NOTICE No. 09/2024 Page 12 of 15 ANNEX Risk Assessment The granting of credit for housing or construction implies the need to assess risks other than the financial capacity of the customer. To this end, commercial banks must establish procedures to identify, adequately assess and mitigate the risks associated with the property, the builder and, where appropriate, the developer, in accordance with the following principles:
CONTINUATION OF NOTICE No. 09/2024 Page 13 of 15 v. Confirmation that the land is free from liens or encumbrances, including pledges or mortgages in favour of third parties, except where: a. The customer buys a property that is part of a residential development under construction, in which case the land may be mortgaged to the bank financing the development and the mortgage must be released when the property is paid for in full; b. The customer buys a plot of land for his own construction or for the construction of a housing project with a mortgage, in which case the land must be free of liens or encumbrances at the time of the public deed of sale and payment of the corresponding amount, so that the mortgage can be registered in favour of the Commercial Bank. d) The work/project is properly licensed, budgeted and planned: i. Confirmation of the existence of a valid building permit in the name of the landowner; ii. Confirmation of the existence of a building project approved by the competent authority; iii. Obtain a budget showing the estimated value of the works and a schedule of works and staged payments; iv. Obtaining the draft construction contract in the case of self-construction or financed construction of housing projects, except when the builder of the housing project is the owner and developer of the same; e) Builders or developers, as the case may be, meet the following requirements: i. They are an entity incorporated under the Companies Act, the One Person Companies Act or the Co-operatives Act.
CONTINUATION OF NOTICE No. 09/2024 Page 14 of 15 ii. They have organised books and accounts certified by an accountant or expert accountant registered with the Angolan Charter of Accountants and Expert Accountants. iii. They have a regular tax and social security situation. iv. They have proven experience in conducting construction projects of a similar nature to the project for which they are applying for funding under this Notice. v. Have not been convicted in legal proceedings for breach of contract or fraud; vi. They are registered with the National Housing Institute as a property developer, where applicable; vii. They have a valid contractor's licence, where applicable. 2. In the case of mortgage loans for the purchase of a finished property, whether new or used, Commercial Banks must ensure that: a) The amount of credit requested is consistent with the market value of the property and must be assessed by an expert registered with the Capital Markets Commission (CMC) and appointed by the Commercial Bank. b) The property is duly registered with the Land Registry and allows for the constitution of a mortgage in favour of the Commercial Bank: i. Obtain up-to-date registration and land registry certificates confirming the registration of the property in the Municipal Land Registry and the Land Registry Office and confirming that the property is free of liens or encumbrances or that it will be so at the time of disbursement of the loan and the public deed of sale; ii. Confirmation that the property, including that which is part of a horizontal property, has been duly legalised and allows the transfer of ownership to the mortgage applicant at the time of the disbursement of the loan and the public deed of sale, and the simultaneous registration of the mortgage in favour of the Commercial Bank;
CONTINUATION OF NOTICE No. 09/2024 Page 15 of 15 iii. Obtain a licence to use. 3. In cases where the conclusion of the promissory deed of sale and/or the construction contract depends on the approval of the credit by the Commercial Bank, the latter must ensure that the conditions which formed the basis of its approval are reproduced in the final contracts concluded between its clients, the sellers, builders or developers, as the case may be, and that the allotment and construction licences remain valid.