Best Commercial Real Estate Lawyers in Botswana

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Rabasha Golekanye Lawyers
Gaborone, Botswana

English
Rabasha Golekanye Lawyers is a Gaborone-based law practice led by founding partner Golekanye G. Rabasha, who brings decades of public and private sector legal experience to complex matters. The firm offers a mix of criminal defence, civil litigation, dispute resolution, family law, employment...
Mushi & Associates
Gaborone, Botswana

Founded in 2024
English
Mushi & Associates is a corporate commercial law firm operating in Botswana, established in 2024 and led by Managing Partner Walter Mushi. The firm combines deep local knowledge with international business insight to advise on corporate transactions, regulatory matters, complex commercial disputes...
Akheel Jinabhai & Associates
Gaborone, Botswana

Founded in 2006
English
Akheel Jinabhai & Associates, in association with McKee Commercial Law, is a full-service law firm based in Gaborone, Botswana. The firm has developed an excellent reputation for providing responsive, pragmatic, and cost-effective legal solutions to clients undertaking business in Botswana. Their...
Gaborone, Botswana

Founded in 2017
6 people in their team
English
Ashford Kgomotso & Associates is a Botswana law firm established in 2017 that concentrates on corporate and commercial matters with a marked specialization in property law and conveyancing. The firm combines transactional practice with litigation and administrative review work, advising banks,...
Peo Legal
Gaborone, Botswana

Founded in 2018
English
Peo Legal is a boutique corporate and commercial law firm in Gaborone, Botswana, established in 2018 by founding partner Chabo Peo. The firm focuses on helping companies navigate Botswana’s legal framework for market entry, expansion and day‑to‑day operations, drawing on experience across...
Paul and Partners
Gaborone, Botswana

Founded in 2017
4 people in their team
English
Paul and Partners is a multi-disciplinary full service law firm based in Gaborone, Botswana. Established in February 2017, the firm provides strategic, tailored and cost effective legal solutions across a broad range of industries for parastatals, financial institutions, small to large...
Manyepedza Attorneys
Gaborone, Botswana

English
Manyepedza Attorneys is a Gaborone-based law firm that identifies itself on its website as an attorney, notary and conveyancer, providing legal services to individuals and businesses in Botswana. The firm maintains an office at The Office - Fairgrounds and offers direct contact channels for client...
Brown and Company Attorneys
Gaborone, Botswana

Founded in 2018
50 people in their team
English
Brown and Company Attorneys was established in September 2018. We are a youthful and vibrant law firm which provides such refreshing ambiance to the practice of Law. We are a medium sized law firm with a staff complement of nine (9) inclusive of the proprietor Mr. Bathusi Brown. Our surge in such a...
Motswagole & Company
Gaborone, Botswana

Founded in 2014
English
Motswagole & Company is a boutique law firm based in Gaborone, Botswana. Established in 2014 by Mr Kabo Godfrey Motswagole, the firm offers specialised legal services spanning commercial, corporate, property, administrative and human rights matters. It combines courtroom advocacy, arbitration and...

Founded in 2018
50 people in their team
English
Precious & Partners (PnP) is an award-winning & leading Pan-African Corporate Law practice headquartered in the Republic of Botswana with satellite stations in the Republic of South Africa and the UK. Servicing clients across the Southern African Region & the rest of the Continent.The...
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About Commercial Real Estate Law in Botswana

The commercial real estate sector in Botswana is a growing field driven by the country's stable political climate and economic growth. It encompasses a variety of activities including the sale, leasing, development, and investment in commercial properties such as office buildings, retail spaces, industrial facilities, and more. As the market continues to evolve, commercial real estate law has become a critical aspect of ensuring that all transactions and developments comply with Botswana's legal frameworks and regulations.

Why You May Need a Lawyer

There are numerous situations in which you might require legal assistance in the realm of commercial real estate in Botswana. These include:

  • Negotiating and drafting lease agreements or sale contracts to ensure terms are clear and lawful.
  • Conducting due diligence on property acquisitions or investments.
  • Resolving disputes related to commercial leases or property boundaries.
  • Ensuring compliance with zoning laws and environmental regulations.
  • Facilitating financing transactions and understanding relevant tax implications.
  • Guidance on permits and licenses necessary for commercial real estate development.

Local Laws Overview

Commercial real estate in Botswana is governed by several key pieces of legislation and regulations. The main laws include the Tribal Land Act, State Land Act, and various zoning and environmental laws aimed at regulating land use and property ownership. Important aspects to consider include:

  • Tenure systems which differ between tribal, state, and freehold lands.
  • Regulatory requirements for property development, including environmental impact assessments.
  • The Urban Development Plan which defines urban land use and planning.
  • Stamp duty and property taxes applicable to real estate transactions.

Frequently Asked Questions

What kind of property tenure systems exist in Botswana?

Botswana has three main tenure systems: tribal land, state land, and freehold land. Each system has different rules and regulations regarding ownership and use.

How can I ensure that a commercial property I'm buying is free from legal issues?

Conducting thorough due diligence with the help of a lawyer is essential. This includes checking the property's title deed, ensuring compliance with zoning laws, and conducting a legal search for encumbrances.

Are there any restrictions on foreign ownership of commercial real estate in Botswana?

Foreigners can own land in Botswana, but there may be specific policies or restrictions, particularly concerning tribal lands. Consulting a local attorney will provide clarity based on your situation.

What are the typical tax implications of buying commercial real estate in Botswana?

Taxes include stamp duty, transfer duty, and potentially capital gains tax on the resale of property. Consulting with a tax expert or lawyer can provide specific guidance based on the transaction.

How are commercial leases typically structured in Botswana?

Commercial leases usually outline terms such as rent amount, lease duration, renewal options, tenant obligations, and termination clauses. Legal advice ensures that these terms are fair and enforceable.

What should I include in a property development agreement?

These agreements typically cover project timelines, construction standards, financing, risk management, and compliance with local regulations. Legal assistance can help ensure comprehensive coverage.

Is environmental compliance crucial for commercial property development?

Yes, environmental impact assessments may be required for certain developments, especially those likely to affect the environment significantly. Legal experts can guide on compliance.

What's the process for resolving property disputes in Botswana?

Dispute resolution can involve negotiations, mediation, or legal proceedings. Engaging a lawyer can facilitate the process and protect your interests.

Can a commercial lease be terminated early in Botswana?

Termination depends on the lease's terms, local laws, and valid circumstances such as breach of contract. Legal advice is essential to navigate early termination effectively.

What role do zoning laws play in commercial real estate?

Zoning laws dictate land use and development potential. Understanding these is crucial before embarking on a property purchase or development project.

Additional Resources

For further assistance, you may consider contacting the following resources:

  • Botswana Ministry of Land Management, Water and Sanitation Services
  • Botswana Housing Corporation (BHC)
  • Botswana Institute of Development Management
  • Local municipal offices for zoning and permit inquiries

Next Steps

If you find that you need legal assistance in commercial real estate, start by identifying your specific needs and concerns. Research and reach out to local law firms that specialize in real estate to schedule a consultation. During your meeting, discuss your objectives, gather information on their expertise and approach, and ensure they are familiar with local laws and market conditions. Taking these preparatory steps will help ensure that your legal affairs in commercial real estate are handled efficiently and effectively.

Lawzana helps you find the best lawyers and law firms in Botswana through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Commercial Real Estate, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.

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