Malawi Economy Profile - Doing Business 2020
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Doing Business 2020 Malawi Economy Profile of Malawi Doing Business 2020 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in minimum capital to start a limited liability company Dealing with construction permits Procedures, time and cost to complete all formalities to build a warehouse and the quality control and safety mechanisms in the construction permitting system Getting electricity Procedures, time and cost to get connected to the electrical grid, and the reliability of the electricity supply and the transparency of tariffs Registering property Procedures, time and cost to transfer a property and the quality of the land administration system Getting credit Movable collateral laws and credit information systems Protecting minority investors Minority shareholders’ rights in related-party transactions and in corporate governance Paying taxes Payments, time, total tax and contribution rate for a firm to comply with all tax regulations as well as postfiling processes Trading across borders Time and cost to export the product of comparative advantage and import auto parts Enforcing contracts Time and cost to resolve a commercial dispute and the quality of judicial processes Resolving insolvency Time, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework for insolvency Employing workers Flexibility in employment regulation and redundancy cost Page 2
Doing Business 2020 Malawi About Doing Business The Doing Business project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational and regional level. The Doing Business project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their life cycle. Doing Business captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation for starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. Doing Business also measures features of employing workers. Although Doing Business does not present rankings of economies on the employing workers indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business, it does present the data for these indicators. By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, Doing Business encourages economies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sector researchers and others interested in the business climate of each economy. In addition, Doing Business offers detailed subnational studies, which exhaustively cover business regulation and reform in different cities and regions within a nation. These studies provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selected cities can compare their business regulations with other cities in the economy or region and with the 190 economies that Doing Business has ranked. The first Doing Business study, published in 2003, covered 5 indicator sets and 133 economies. This year’s study covers 11 indicator sets and 190 economies. Most indicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013 (Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where Doing Business also collected data for the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited from feedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving the regulatory environment for business around the world. To learn more about Doing Business please visit doingbusiness.org Page 3
Doing Business 2020 Malawi Ease of Doing Business in Region Sub-Saharan Africa DB RANK DB SCORE Malawi Income Category Low income Population 18,143,315 109 60.9 City Covered Blantyre Rankings on Doing Business topics - Malawi 11 79 90 128 127 135 134 153 149 171 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Topic Scores 77.9 63.1 45.4 64.9 90.0 58.0 62.4 65.3 47.4 34.9 Starting a Business (rank) 153 Getting Credit (rank) 11 Trading across Borders (rank) 127 Score of starting a business (0-100) 77.9 Score of getting credit (0-100) 90.0 Score of trading across borders (0-100) 65.3 Procedures (number) 7 Strength of legal rights index (0-12) 11 Time to export Time (days) 37 Depth of credit information index (0-8) 7 Documentary compliance (hours) 75 Cost (number) 32.6 Credit registry coverage (% of adults) 0.0 Border compliance (hours) 78 Paid-in min. capital (% of income per capita) 0.0 Credit bureau coverage (% of adults) 40.2 Cost to export Documentary compliance (USD) 342 Dealing with Construction Permits (rank) 128 Protecting Minority Investors (rank) 79 Border compliance (USD) 243 Score of dealing with construction permits (0-100) 63.1 Score of protecting minority investors (0-100) 58.0 Time to export Procedures (number) 13 Extent of disclosure index (0-10) 4.0 Documentary compliance (hours) 55 Time (days) 153 Extent of director liability index (0-10) 7.0 Border compliance (hours) 55 Cost (% of warehouse value) 8.4 Ease of shareholder suits index (0-10) 7.0 Cost to export Building quality control index (0-15) 9.5 Extent of shareholder rights index (0-6) 5.0 Documentary compliance (USD) 162 Extent of ownership and control index (0-7) 2.0 Border compliance (USD) 143 Getting Electricity (rank) 171 Extent of corporate transparency index (0-7) 4.0 Score of getting electricity (0-100) 45.4 Enforcing Contracts (rank) 149 Procedures (number) 6 Paying Taxes (rank) 135 Score of enforcing contracts (0-100) 47.4 Time (days) 127 Score of paying taxes (0-100) 62.4 Time (days) 522 Cost (% of income per capita) 1,709.2 Payments (number per year) 35 Cost (% of claim value) 69.1 Reliability of supply and transparency of tariff index (0-8) 0 Time (hours per year) 169 Quality of judicial processes index (0-18) 9.5 Total tax and contribution rate (% of profit) 34.5 Registering Property (rank) 90 Postfiling index (0-100) 33.2 Resolving Insolvency (rank) 134 Score of registering property (0-100) 64.9 Score of resolving insolvency (0-100) 34.9 Procedures (number) 6 Recovery rate (cents on the dollar) 15.6 Time (days) 47 Time (years) 2.6 Cost (% of property value) 1.7 Cost (% of estate) 25.0 Quality of the land administration index (0-30) 10.5 Outcome (0 as piecemeal sale and 1 as going 0 concern) Strength of insolvency framework index (0-16) 8.5 Page 4
Doing Business 2020 Malawi Starting a Business This topic measures the number of procedures, time, cost and paid-in minimum capital requirement for a small- to medium-sized limited liability company to start up and formally operate in each economy’s largest business city. To make the data comparable across 190 economies, Doing Business uses a standardized business that is 100% domestically owned, has start-up capital equivalent to 10 times the income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement of operations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that one company is owned by 5 married women and the other by 5 married men. The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. The most recent round of data collection for the project was completed in May 2019. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally start and formally operate a company To make the data comparable across economies, several assumptions about the business and the (number) procedures are used. It is assumed that any required information is readily available and that the entrepreneur will pay no bribes. • Preregistration (for example, name verification or reservation, notarization) The business: • Registration in the economy’s largest business city -Is a limited liability company (or its legal equivalent). If there is more than one type of limited • Postregistration (for example, social security registration, liability company in the economy, the limited liability form most common among domestic firms is company seal) chosen. Information on the most common form is obtained from incorporation lawyers or the statistical office. • Obtaining approval from spouse to start a business or to leave -Operates in the economy’s largest business city. For 11 economies the data are also collected for the home to register the company the second largest business city. • Obtaining any gender specific document for company -Performs general industrial or commercial activities such as the production or sale to the public of registration and operation or national identification card goods or services. The business does not perform foreign trade activities and does not handle products subject to a special tax regime, for example, liquor or tobacco. It is not using heavily Time required to complete each procedure (calendar days) polluting production processes. • Does not include time spent gathering information -Does not qualify for investment incentives or any special benefits. -Is 100% domestically owned. • Each procedure starts on a separate day (2 procedures cannot -Has five business owners, none of whom is a legal entity. One business owner holds 30% of the start on the same day) company shares, two owners have 20% of shares each, and two owners have 15% of shares • Procedures fully completed online are recorded as ½ day each. -Is managed by one local director. • Procedure is considered completed once final document is received -Has between 10 and 50 employees one month after the commencement of operations, all of them domestic nationals. • No prior contact with officials -Has start-up capital of 10 times income per capita. -Has an estimated turnover of at least 100 times income per capita. Cost required to complete each procedure (% of income per -Leases the commercial plant or offices and is not a proprietor of real estate. capita) -Has an annual lease for the office space equivalent to one income per capita. • Official costs only, no bribes -Is in an office space of approximately 929 square meters (10,000 square feet). -Has a company deed that is 10 pages long. • No professional fees unless services required by law or commonly used in practice The owners: Paid-in minimum capital (% of income per capita) -Have reached the legal age of majority and are capable of making decisions as an adult. If there • Funds deposited in a bank or with third party before registration is no legal age of majority, they are assumed to be 30 years old. or up to 3 months after incorporation -Are in good health and have no criminal record. -Are married, the marriage is monogamous and registered with the authorities. -Where the answer differs according to the legal system applicable to the woman or man in question (as may be the case in economies where there is legal plurality), the answer used will be the one that applies to the majority of the population. Page 5
Doing Business 2020 Malawi Starting a Business - Malawi Standardized Company Legal form Private Limited Liability Company Paid-in minimum capital requirement No minimum City Covered Blantyre Indicator Malawi Sub-Saharan OECD high Best Regulatory Africa income Performance Procedure – Men (number) 7 7.4 4.9 1 (2 Economies) Time – Men (days) 37 21.5 9.2 0.5 (New Zealand) Cost – Men (% of income per capita) 32.6 36.3 3.0 0.0 (2 Economies) Procedure – Women (number) 7 7.5 4.9 1 (2 Economies) Time – Women (days) 37 21.6 9.2 0.5 (New Zealand) Cost – Women (% of income per capita) 32.6 36.3 3.0 0.0 (2 Economies) Paid-in min. capital (% of income per capita) 0.0 9.3 7.6 0.0 (120 Economies) Figure – Starting a Business in Malawi – Score 64.7 63.3 83.7 100.0 Procedures Time Cost Paid-in min. capital Figure – Starting a Business in Malawi and comparator economies – Ranking and Score DB 2020 Starting a Business Score 0 100 93.2: Rwanda (Rank: 35) 82.7: Kenya (Rank: 129) 80.1: Regional Average (Sub-Saharan Africa) 77.9: Malawi (Rank: 153) 72.2: Namibia (Rank: 165) 69.3: Mozambique (Rank: 176) Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. Page 6
Doing Business 2020 Malawi Figure – Starting a Business in Malawi – Procedure, Time and Cost Time (days) Cost (% of income per capita) 25 35 Cost (% of income per capita) 30 20 25 Time (days) 15 20 15 10 10 5 5 0 0 1 2 *3 *4 *5 *6 7 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures reflected here, see the summary below. Page 7
Doing Business 2020 Malawi Details – Starting a Business in Malawi – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Apply for a Certificate of Incorporation at the Registrar General of the Ministry of Justice 5 days on average if MWK 1,000 for name Agency : Registrar General done in person, 14 days search + MWK 10,000 for Company name search is done manually at the same desk of company registration by completing by mail reservation of the a form and submitting it to the Registrar general. The Business Registration Act 2013, company name + MWK Government Notive No. 11, dated 24th of May 2013, established the electronic Malawi Business 50,000 for application to Registration Database which stores information for both non incorporated and incorporated register the company businesses. Although it is not fully implemented yet, the registry is moving towards automation. The law provides standard articles of association. By law, registration has to be completed in a maximum delay of 21 days. 2 Register for income tax at the Malawi Revenue Authority 1 day if application is no charge Agency : Malawi Revenue Authority hand delivered Company promoters must register with the Malawi Revenue Authority by filing the memorandum and articles of association, the certificate of incorporation (copy), and an application letter or completed application for registration form, including the accounting date, the name of a public officer, and the nature of the business. The Malawi Revenue Authority then issues a taxpayer income tax number. 3 Apply for a license from the City Assembly 7 days, simultaneous MWK 1,000 Agency : Blantyre City Assembly procedure Under the Business Licensing Act, wholesalers must apply for a wholesaler’s license; and retailers, for a retailer’s license. For industrial activities, relevant fees, procedures, and licensing requirements depend on the manufactured goods. Licenses are thus administered by the corresponding ministry. By law, a business is to be deemed as fully licensed if the authority does not respond within 7 days of the day of the application. The Department of Planning checks whether the premises location and business use is consistent with the city code. 4 Pay the requisite fee and Obtain the license 1 day, simultaneous MWK 30,000 (Blantyre Agency : Ministry procedure City Council) Upon approval, the license is issued in a couple of days and mailed to the investor. The amount payable depends on the type and location of the business in the city. Pursuant to section 37 of the Business Licensing Act of 2012, the Minister of Industry and Trade made the Business Licensing Regulations, 2014 (‘‘new Regulations’’). The new Regulations came into operation in November 2014. The issuance of a business license for Malawians where the premises are in a city or municipal council such as Blantyre are fixed at MWK 30,000. 5 Apply for a registration of the workplace 28 days, simultaneous MWK 1,000, depends on Agency : Occupational Safety, Health, and Welfare Department of the Ministry of Labor procedure the number of employees Promoters must file Form Lab/W/1 (application for registration of workplace) with the Occupational Safety, Health, and Welfare Department of the Ministry of Labor. Fee schedule for workplace registration: - Fewer than 20 employees: MWK 1,000. - 21 to 50 employees: MWK 3,000. - 51 to 200 employees: MWK 5,000. - 201 to 500 employees: MWK 10,000. - More than 500 employees: MWK 15,000. 6 Receive inspection of the company premises by the Occupational Safety, Health, and 7 days, simultaneous no charge Welfare Department procedure Agency : Occupational Safety, Health, and Welfare Department When a company files an application for the registration of its workplace, officers from the Occupational Safety, Health and Welfare Department inspect the premises. If they are satisfied with its conditions, they issue a Certificate of registration to the Company. Otherwise, they will advise the company on certain measures to implement in order to improve the working conditions. 7 Register for PAYE and fringe benefit tax at the Malawi Revenue Authority (by mail) 4 days no charge Agency : Malawi Revenue Authority Promoters must file Form P1 (PAYE) and Form FBT1 (fringe benefit tax). On registering for pay- as-you-earn (PAYE) tax, applicants are provided with the following forms: WTF1 (withholding tax certificate); WTF2 (summary of withholding tax); P9 (PAYE certificate of total emoluments and tax deducted); P10 (advice of employees tax deduction certificates issued); P12 (PAYE monthly deduction payment form; and P16 (reconciliation of the number of tax deduction certificates and schedule of tax deductions to be sent to the Inspector of Taxes). Takes place simultaneously with previous procedure. Page 8
Doing Business 2020 Malawi Dealing with Construction Permits This topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications, requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the building quality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professional certification requirements. The most recent round of data collection was completed in May 2019. See the methodology for more information What the indicators measure Case study assumptions Procedures to legally build a warehouse (number) To make the data comparable across economies, several assumptions about the construction company, the warehouse project and the utility connections are used. • Submitting all relevant documents and obtaining all necessary clearances, licenses, permits and certificates The construction company (BuildCo): • Submitting all required notifications and receiving all necessary - Is a limited liability company (or its legal equivalent) and operates in the economy’s largest inspections business city. For 11 economies the data are also collected for the second largest business city. • Obtaining utility connections for water and sewerage - Is 100% domestically and privately owned; has five owners, none of whom is a legal entity. Has a licensed architect and a licensed engineer, both registered with the local association of architects • Registering and selling the warehouse after its completion or engineers. BuildCo is not assumed to have any other employees who are technical or licensed Time required to complete each procedure (calendar days) experts, such as geological or topographical experts. - Owns the land on which the warehouse will be built and will sell the warehouse upon its • Does not include time spent gathering information completion. • Each procedure starts on a separate day—though procedures that can be fully completed online are an exception to this rule The warehouse: • Procedure is considered completed once final document is - Will be used for general storage activities, such as storage of books or stationery. received - Will have two stories, both above ground, with a total constructed area of approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 meters (9 feet, 10 inches) high and will be • No prior contact with officials located on a land plot of approximately 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the warehouse is valued at 50 times income per capita. Cost required to complete each procedure (% of income per - Will have complete architectural and technical plans prepared by a licensed architect. If capita) preparation of the plans requires such steps as obtaining further documentation or getting prior • Official costs only, no bribes approvals from external agencies, these are counted as procedures. - Will take 30 weeks to construct (excluding all delays due to administrative and regulatory Building quality control index (0-15) requirements). • Quality of building regulations (0-2) The water and sewerage connections: • Quality control before construction (0-1) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there is no water • Quality control during construction (0-3) delivery infrastructure in the economy, a borehole will be dug. If there is no sewerage • Quality control after construction (0-3) infrastructure, a septic tank in the smallest size available will be installed or built. - Will have an average water use of 662 liters (175 gallons) a day and an average wastewater flow • Liability and insurance regimes (0-2) of 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day and • Professional certifications (0-4) a peak wastewater flow of 1,136 liters (300 gallons) a day. - Will have a constant level of water demand and wastewater flow throughout the year; will be 1 inch in diameter for the water connection and 4 inches in diameter for the sewerage connection. Page 9
Doing Business 2020 Malawi Dealing with Construction Permits - Malawi Standardized Warehouse Estimated value of warehouse MWK 14,274,265.10 City Covered Blantyre Indicator Malawi Sub-Saharan OECD high Best Regulatory Africa income Performance Procedures (number) 13 15.1 12.7 None in 2018/19 Time (days) 153 145.4 152.3 None in 2018/19 Cost (% of warehouse value) 8.4 8.9 1.5 None in 2018/19 Building quality control index (0-15) 9.5 8.9 11.6 15.0 (6 Economies) Figure – Dealing with Construction Permits in Malawi – Score 68.0 63.4 57.8 63.3 Procedures Time Cost Building quality control index Figure – Dealing with Construction Permits in Malawi and comparator economies – Ranking and Score DB 2020 Dealing with Construction Permits Score 0 100 73.2: Mozambique (Rank: 61) 70.6: Rwanda (Rank: 81) 70.0: Namibia (Rank: 84) 67.6: Kenya (Rank: 105) 63.1: Malawi (Rank: 128) 58.5: Regional Average (Sub-Saharan Africa) Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scores are the simple average of the scores for each of the component indicators. Page 10
Doing Business 2020 Malawi Figure – Dealing with Construction Permits in Malawi – Procedure, Time and Cost Time (days) Cost (% of warehouse value) 7 140 6 Cost (% of warehouse value) 120 5 100 Time (days) 4 80 3 60 2 40 20 1 0 0 1 *2 3 4 5 6 7 *8 9 10 * 11 12 13 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures reflected here, see the summary below. Page 11
Doing Business 2020 Malawi Figure – Dealing with Construction Permits in Malawi and comparator economies – Measure of Quality 16 15.0 14 12 11.0 Index score 9.5 10.0 10 8.5 8.9 8 6 4 2 0 Malawi Kenya Mozambique Namibia Rwanda Sub-Saharan Africa Details – Dealing with Construction Permits in Malawi – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain approval of plan from the City Council 60 days MWK 941,432 Agency : City Council The general procedure for obtaining the approval of the project plan is as follows: 1. BuildCo arranges for a private engineering consultant to complete the building plans. The plans must be prepared by licensed architects and signed by an engineer. However, the type of engineer is not specified, so they do not have to know anything about construction. There is an abusive practice of architects / engineers signing plans prepared by technicians who worked independently without actually reviewing them simply to obtain the payment. 2. BuildCo completes the “application for permission to develop or to subdivide land” and a by- laws form, and submits the forms and the plans to the City Council with payment of a fee based on the size of the building and the assessed value of the land. 3. The plans and application are then forwarded to a technical panel for consideration. The panel’s members are representatives from the following organizations: • Electricity Supply Corporation of Malawi • Malawi Telecommunications Limited • Water Board • City Council - Physical Planning Department • City Council - Engineering Department • City Council - Parks and Recreation Department • City Council - Health and Environment Department • City Council - Building Department • Occupational Safety, Health, and Welfare Department of the Ministry of Labor • Malawi Housing Corporation • Ministry of Transport and Public Works The panel reviews the building plans and application and either approves the development or suggests amendments. If the panel requires amendments, BuildCo is notified by mail of the changes required. BuildCo can also contact the City Council by phone or in person to inquire about the status of the application. A water connection application is filed along with the site plan. If the panel accepts the application, it is forwarded to the Town and Country Planning Committee, which meets monthly. The committee notifies BuildCo by mail and a notice of decision, a legally binding document, and the by-laws form are issued. The meeting of the City Planning Committee takes place only once a month, and the Technical Panel meets only once every 2 weeks. However, companies may choose to opt for a fast-track option which allows companies to convene an emergency meeting of the Town and Planning Committee at a higher fee charged on top of standard fees. The fee for a fast-track option would be MWK 50,000. In this case, the meeting will take place within about one week of the payment being made. BuildCo will receive an oral decision at the end of the meeting. If there is an affirmative decision, construction can begin right away. The official document will be issued soon after. In practice however, this option is seldom used seldom by companies. Many companies plan ahead of the time and have prior consultations with the municipal officials. Under normal circumstances under Town and Country Planning Act, the Planning Committee should either approve the application or inform the applicant why it cannot be approved within 60 days of the application being submitted. In reality, this does not happen often. However, the silence-is-consent rule applies. If after 60 days there is no response, construction can begin. Page 12
Doing Business 2020 Malawi 2 Submit project brief and obtain certificate of EIA (environmental impact assessment) 15 days MWK 5,000 exemption from Director of Environmental Affairs Department Agency : Environmental Affairs Department Unless a project is likely to have a significant environmental impact, project developers can prepare and submit a project brief with little or no assistance from environmental specialists. Since projects and their stage in the project cycle vary widely, detailed guidelines for the content of a project brief are not possible. However, Section 24 of the Environmental Management Act requires that a project brief should at least state: 1. The nature of the project; 2. The activities that shall be undertaken; 3. The possible products and by-products anticipated; 4. The number of people the project shall employ; 5. The area of land, air or water that may be affected; and 6. Any other matters as may be prescribed. More generally, a project brief should also contain: 1. A basic description of the project purpose, size, location and preliminary design, including any alternatives which are being considered (i.e., site, technology, construction and operation procedures, handling of waste). 2. The stage of the project in the project cycle. 3. A location map of the project site or site alternatives, and a site plan as it is currently known. Maps and plans should conform to the standards discussed below. 4. A discussion of which aspects of the project are likely to cause environmental concerns and the proposed environmental management measures. 3 Notify the City Council of the commencement of construction and receive inspection 14 days no charge Agency : City Council During the construction phase of an approved project, the City Assembly sends out inspectors at various stages of construction. Inspectors from the City Assembly’s Departments of Building, Environment and Health, and Fire join the national-level Occupational Safety, Health, and Welfare Department to inspect the construction site approximately five times. These inspectors come as a team, and there is no charge for these visits. The Building Department issues six cards that specify when a building should be inspected. BuildCo notifies the inspectors by sending a card at the appropriate stage of construction. The City Assembly inspectors come within 2 days to 2 weeks of notification. However in reality many do not come due to scarcity of resources. In practice, builders continue construction after submitting the notice without waiting for the inspection. 4 Notify the City Council of foundation excavation and receive inspection 14 days no charge Agency : City Council Once the excavation phase is reached, BuildCo notifies the City Council and receives inspection 5 Notify the City Council of brick work foundation and receive inspection 14 days no charge Agency : City Council Once the brick work foundation phase is reached, BuildCo notifies the City Council and receives inspection 6 Notify the City Council of damp proof course and receive inspection 14 days no charge Agency : City Council BuildCo notifies the City Council of the damp proof course phase and receives inspection 7 Notify the City Council when the construction reaches wall plate level and receive 14 days no charge inspection Agency : City Council BuildCo notifies the City Council once the wall plate level phase is reached and receives inspection 8 Apply for water and sewerage connections at the City Council 1 day MWK 20,000 Agency : Water Board of the City Council Sewerage services can be obtained by completing a form that asks for technical information about the capacity needed and the location of the pipelines. In practice, the type of construction considered here would include a septic tank. 9 Receive water and sewerage inspection by the City Council engineers 1 day no charge Agency : City Council After the inspection, the cost of extending the sewer pipes to the facilities is estimated, and the BuildCo is informed of how much to pay to complete the connection. 10 Obtain water and sewerage connection 14 days no charge Agency : Water Board of the City Council Page 13
Doing Business 2020 Malawi 11 Apply for occupancy permit 3 days MWK 234,108 Agency : City Council The fee for the occupancy permit is a debatable matter between officials and construction companies. To define the base for the levying fee, the Municipality has to evaluate the construction cost according to its methodology. In addition, quantitative surveyors who work for construction companies provide monthly updates to the authorities on the cost incurred. The fee must be paid before the occupancy permit is issued. 12 Receive final inspection and obtain occupancy permit 1 day no charge Agency : City Council 13 Register the property title in the Lands Registry 7 days MWK 5,000 Agency : Lands Registry BuildCo must register the property title in the Lands Registry Takes place simultaneously with previous procedure. Page 14
Doing Business 2020 Malawi Details – Dealing with Construction Permits in Malawi – Measure of Quality Answer Score Building quality control index (0-15) 9.5 Quality of building regulations index (0-2) 0.0 How accessible are building laws and regulations in your economy? (0-1) Not easily accessible. 0.0 Which requirements for obtaining a building permit are clearly specified in the building regulations or on any List of required 0.0 accessible website, brochure or pamphlet? (0-1) documents; Fees to be paid; Available only on request. Quality control before construction index (0-1) 1.0 Which third-party entities are required by law to verify that the building plans are in compliance with existing Licensed architect; 1.0 building regulations? (0-1) Licensed engineer. Quality control during construction index (0-3) 1.0 What types of inspections (if any) are required by law to be carried out during construction? (0-2) Inspections at various 1.0 phases. Do legally mandated inspections occur in practice during construction? (0-1) Mandatory 0.0 inspections are not always done in practice during construction; Mandatory inspections are done most of the time during construction. Quality control after construction index (0-3) 3.0 Is there a final inspection required by law to verify that the building was built in accordance with the approved Yes, final inspection 2.0 plans and regulations? (0-2) is done by government agency. Do legally mandated final inspections occur in practice? (0-1) Final inspection 1.0 always occurs in practice. Liability and insurance regimes index (0-2) 0.5 Which parties (if any) are held liable by law for structural flaws or problems in the building once it is in use Construction 0.5 (Latent Defect Liability or Decennial Liability)? (0-1) company. Which parties (if any) are required by law to obtain an insurance policy to cover possible structural flaws or No party is required 0.0 problems in the building once it is in use (Latent Defect Liability Insurance or Decennial Insurance)? (0-1) by law to obtain insurance . Professional certifications index (0-4) 4.0 What are the qualification requirements for the professional responsible for verifying that the architectural plans Minimum number of 2.0 or drawings are in compliance with existing building regulations? (0-2) years of experience; University degree in architecture or engineering; Being a registered architect or engineer; Passing a certification exam. What are the qualification requirements for the professional who supervises the construction on the ground? (0- Minimum number of 2.0 2) years of experience; University degree in engineering, construction or construction management; Being a registered architect or engineer; Passing a certification exam. Page 15
Doing Business 2020 Malawi Getting Electricity This topic measures the procedures, time and cost required for a business to obtain a permanent electricity connection for a newly constructed warehouse. Additionally, the reliability of supply and transparency of tariffs index measures reliability of supply, transparency of tariffs and the price of electricity. The most recent round of data collection for the project was completed in May 2019. See the methodology for more information. What the indicators measure Case study assumptions Procedures to obtain an electricity connection (number) To make the data comparable across economies, several assumptions about the warehouse, the electricity connection and the monthly consumption are used. • Submitting all relevant documents and obtaining all necessary clearances and permits The warehouse: • Completing all required notifications and receiving all necessary - Is owned by a local entrepreneur and is used for storage of goods. inspections - Is located in the economy’s largest business city. For 11 economies the data are also collected for • Obtaining external installation works and possibly purchasing the second largest business city. material for these works - Is located in an area where similar warehouses are typically located and is in an area with no physical constraints. For example, the property is not near a railway. • Concluding any necessary supply contract and obtaining final - Is a new construction and is being connected to electricity for the first time. supply - Has two stories with a total surface area of approximately 1,300.6 square meters (14,000 square Time required to complete each procedure (calendar days) feet). The plot of land on which it is built is 929 square meters (10,000 square feet). • Is at least 1 calendar day The electricity connection: • Each procedure starts on a separate day - Is a permanent one with a three-phase, four-wire Y connection with a subscribed capacity of 140- • Does not include time spent gathering information kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 kilowatt (kW). - Has a length of 150 meters. The connection is to either the low- or medium-voltage distribution • Reflects the time spent in practice, with little follow-up and no network and is either overhead or underground, whichever is more common in the area where the prior contact with officials warehouse is located and requires works that involve the crossing of a 10-meter road (such as by excavation or overhead lines) but are all carried out on public land. There is no crossing of other Cost required to complete each procedure (% of income per owners’ private property because the warehouse has access to a road. capita) - Does not require work to install the internal wiring of the warehouse. This has already been • Official costs only, no bribes completed up to and including the customer’s service panel or switchboard and the meter base. • Value added tax excluded The monthly consumption: The reliability of supply and transparency of tariffs index (0-8) - It is assumed that the warehouse operates 30 days a month from 9:00 a.m. to 5:00 p.m. (8 hours • Duration and frequency of power outages (0–3) a day), with equipment utilized at 80% of capacity on average and that there are no electricity cuts • Tools to monitor power outages (0–1) (assumed for simplicity reasons) and the monthly energy consumption is 26,880 kilowatt-hours (kWh); hourly consumption is 112 kWh. • Tools to restore power supply (0–1) - If multiple electricity suppliers exist, the warehouse is served by the cheapest supplier. • Regulatory monitoring of utilities’ performance (0–1) - Tariffs effective in January of the current year are used for calculation of the price of electricity for the warehouse. Although January has 31 days, for calculation purposes only 30 days are used. • Financial deterrents limiting outages (0–1) • Transparency and accessibility of tariffs (0–1) Price of electricity (cents per kilowatt-hour)* • Price based on monthly bill for commercial warehouse in case study *Note: Doing Business measures the price of electricity, but it is not included in the ease of doing business score nor in the ranking on the ease of getting electricity. Page 16
Doing Business 2020 Malawi Getting Electricity - Malawi Standardized Connection Name of utility Electricity Supply Corporation of Malawi (ESCOM) Price of electricity (US cents per kWh) 17.2 City Covered Blantyre Indicator Malawi Sub-Saharan OECD high Best Regulatory Africa income Performance Procedures (number) 6 5.2 4.4 3 (28 Economies) Time (days) 127 109.6 74.8 18 (3 Economies) Cost (% of income per capita) 1709.2 3,187.5 61.0 0.0 (3 Economies) Reliability of supply and transparency of tariff index (0-8) 0 1.6 7.4 8 (26 Economies) Figure – Getting Electricity in Malawi – Score 50.0 52.6 78.9 0.0 Procedures Time Cost Reliability of supply and transparency of tariff index Figure – Getting Electricity in Malawi and comparator economies – Ranking and Score DB 2020 Getting Electricity Score 0 100 82.3: Rwanda (Rank: 59) 80.1: Kenya (Rank: 70) 78.3: Namibia (Rank: 76) 71.7: Mozambique (Rank: 103) 50.4: Regional Average (Sub-Saharan Africa) 45.4: Malawi (Rank: 171) Note: The ranking of economies on the ease of getting electricity is determined by sorting their scores for getting electricity. These scores are the simple average of the scores for all the component indicators except the price of electricity. Figure – Getting Electricity in Malawi – Procedure, Time and Cost Time (days) Cost (% of income per capita) 1800 120 1600 Cost (% of income per capita) 100 1400 1200 80 Time (days) 1000 60 800 40 600 400 20 200 0 0 1 *2 3 *4 5 *6 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures Page 17
Doing Business 2020 Malawi reflected here, see the summary below. Figure – Getting Electricity in Malawi and comparator economies – Measure of Quality 7 6 6 6 5 5 Index score 4 4 3 2 1.6 1 0 0 Malawi Kenya Mozambique Namibia Rwanda Sub-Saharan Africa Page 18
Doing Business 2020 Malawi Details – Getting Electricity in Malawi – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application to ESCOM, receive quotation and sign contract 22 calendar days USD 2.85 Agency : Electricity Supply Corporation of Malawi (ESCOM) In order to have a new electricity service connection: The customer must visit any customer care center or ESCOM office and fill an Application Form. The customer may ask the utility's staff to help to fill the form. The following details will be required in an application: -A sketch map with directions to locate your premises. The map must indicate landmarks of the area, features for the premises, the location of ESCOM network in the area and any other details that may assist ESCOM staff to locate the premises easily. - A list of the electrical appliances that the customer will be using; and - Details of the owner of the premises. The customer immediately signs the contract. The utility will give a quotation and the customer can sign the contract. The security deposit has to be paid at the utility. 2 Receive external site inspection by ESCOM 1 calendar day MWK 0 Agency : Electricity Supply Corporation of Malawi (ESCOM) The customer has to wait for the external inspection. The inspection is necessary to prepare a technical study. Someone from the customer’s party with an electrical background has to be present. 3 Purchase material on behalf of ESCOM 60 calendar days MWK 4,700,000 Agency : Customer The policy of the utility is to provide all material. However, the customer can also purchase material that is not available. The customer would purchase material on behalf of ESCOM. The transformer would be property of ESCOM and not the customer. The customer can be refunded the part of material cost that exceed what he/she has to pay to ESCOM for connection charges as contribution to the total project cost. However, in practice the partly refund of connection cost is rarely done. 4 Obtain excavation permit from road authority 14 calendar days MWK 10,000 Agency : Municipality A excavation permit is needed in case a road has to be crossed. The client obtains the excavation permit at the Road Authority and notifies the City Council. 5 Receive external works from ESCOM 45 calendar days MWK 167,000 Agency : Electricity Supply Corporation of Malawi (ESCOM) The utility is in charge of the design of the external connection. The external connection works are carried out by the utility. 6 Receive internal inspection and meter installation from ESCOM 1 calendar day MWK 250 Agency : Electricity Supply Corporation of Malawi (ESCOM) There is an internal inspection when the meter is installed. Someone from the customer’s party has to be present. The meter is installed by the utility, however by a different team from the one in charge of the connection works. Electricity starts flowing the moment the connection is done. Takes place simultaneously with previous procedure. Page 19
Doing Business 2020 Malawi Details – Getting Electricity in Malawi – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 0 Total duration and frequency of outages per customer a year (0-3) 0 System average interruption duration index (SAIDI) .. System average interruption frequency index (SAIFI) .. What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI N/A Mechanisms for monitoring outages (0-1) 1 Does the distribution utility use automated tools to monitor outages? Yes Mechanisms for restoring service (0-1) 1 Does the distribution utility use automated tools to restore service? Yes Regulatory monitoring (0-1) 1 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of supply? Yes Financial deterrents aimed at limiting outages (0-1) 0 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages exceed a certain cap? No Communication of tariffs and tariff changes (0-1) 1 Are effective tariffs available online? Yes Link to the website, if available online http://www.escom.mw/curr ent-tariffs.php Are customers notified of a change in tariff ahead of the billing cycle? Yes Note: If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index. If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index. If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index. Page 20
Doing Business 2020 Malawi Registering Property This topic examines the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute. In addition, the topic also measures the quality of the land administration system in each economy. The quality of land administration index has five dimensions: reliability of infrastructure, transparency of information, geographic coverage, land dispute resolution, and equal access to property rights. The most recent round of data collection for the project was completed in May 2019. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally transfer title on immovable property To make the data comparable across economies, several assumptions about the parties to the (number) transaction, the property and the procedures are used. • Preregistration procedures (for example, checking for liens, The parties (buyer and seller): notarizing sales agreement, paying property transfer taxes) - Are limited liability companies (or the legal equivalent). • Registration procedures in the economy's largest business city. - Are located in the periurban (that is, on the outskirts of the city but still within its official limits) • Postregistration procedures (for example, filling title with area of the economy’s largest business city. For 11 economies the data are also collected for the municipality) second largest business city. - Are 100% domestically and privately owned. Time required to complete each procedure (calendar days) - Perform general commercial activities. • Does not include time spent gathering information The property (fully owned by the seller): • Each procedure starts on a separate day - though procedures - Has a value of 50 times income per capita, which equals the sale price. that can be fully completed online are an exception to this rule - Is fully owned by the seller. • Procedure is considered completed once final document is - Has no mortgages attached and has been under the same ownership for the past 10 years. received - Is registered in the land registry or cadastre, or both, and is free of title disputes. • No prior contact with officials - Is located in a periurban commercial zone (that is, on the outskirts of the city but still within its official limits), and no rezoning is required. Cost required to complete each procedure (% of property - Consists of land and a building. The land area is 557.4 square meters (6,000 square feet). A two- value) story warehouse of 929 square meters (10,000 square feet) is located on the land. The warehouse is 10 years old, is in good condition, has no heating system and complies with all safety standards, • Official costs only (such as administrative fees, duties and building codes and legal requirements. The property, consisting of land and building, will be taxes). transferred in its entirety. • Value Added Tax, Capital Gains Tax and illicit payments are - Will not be subject to renovations or additional construction following the purchase. excluded - Has no trees, natural water sources, natural reserves or historical monuments of any kind. - Will not be used for special purposes, and no special permits, such as for residential use, Quality of land administration index (0-30) industrial plants, waste storage or certain types of agricultural activities, are required. • Reliability of infrastructure index (0-8) - Has no occupants, and no other party holds a legal interest in it. • Transparency of information index (0–6) • Geographic coverage index (0–8) • Land dispute resolution index (0–8) • Equal access to property rights index (-2–0) Page 21
Doing Business 2020 Malawi Registering Property - Malawi Indicator Malawi Sub-Saharan OECD high Best Regulatory Africa income Performance Procedures (number) 6 6.1 4.7 1 (5 Economies) Time (days) 47 51.6 23.6 1 (2 Economies) Cost (% of property value) 1.7 7.3 4.2 0.0 (Saudi Arabia) Quality of the land administration index (0-30) 10.5 9.0 23.2 None in 2018/19 Figure – Registering Property in Malawi – Score 58.3 78.0 88.4 35.0 Procedures Time Cost Quality of the land administration index Figure – Registering Property in Malawi and comparator economies – Ranking and Score DB 2020 Registering Property Score 0 100 93.7: Rwanda (Rank: 3) 64.9: Malawi (Rank: 90) 53.8: Kenya (Rank: 134) 53.6: Regional Average (Sub-Saharan Africa) 53.4: Mozambique (Rank: 136) 40.6: Namibia (Rank: 173) Note: The ranking of economies on the ease of registering property is determined by sorting their scores for registering property. These scores are the simple average of the scores for each of the component indicators. Page 22
Doing Business 2020 Malawi Figure – Registering Property in Malawi – Procedure, Time and Cost Time (days) Cost (% of property value) 1.6 45 1.4 40 Cost (% of property value) 35 1.2 30 Time (days) 1 25 0.8 20 0.6 15 0.4 10 5 0.2 0 0 1 2 3 4 *5 6 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures reflected here, see the summary below. Page 23
Doing Business 2020 Malawi Figure – Registering Property in Malawi and comparator economies – Measure of Quality 35 30 28.5 25 Index score 20 15.0 15 10.5 10.0 10 9.0 7.5 5 0 Malawi Kenya Mozambique Namibia Rwanda Sub-Saharan Africa Details – Registering Property in Malawi – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Search for encumbrances at the Land Registry 1 day MWK 5,000 Agency : Land Registry Parties conduct a title search at the Deeds Registry to check for encumbrances of the property. The search can be done either by title number (faster) or by plot number (slower). Malawi has two systems of land title registration; one under the Registered Land Act and the other under the Deeds Registration Act. If it is a search for one property, it takes less than 15 minutes in the Title Registry, but it may take longer in the Deeds Registry because of cross-referencing. An official search certificate can be issued if the parties request one. The search certificate provides details of all subsisting entries in the register of the property at the date of the search. 2 Obtain a city rates clearance certificate 2 days MWK 20,000 Agency : Blantyre City Council A letter is sent to the City Assembly to obtain a city rates clearance certificate. The parties search for unpaid city taxes on the property at the Municipality. The system is computerized. When the rate payer's details are entered in the system, the account shows all outstanding taxes. The users can also call to obtain the basic information, but this information cannot be used for official purposes. A written certificate is required to be signed by the Chief Executive. 3 Apply for consent to transfer the property at the Commissioner of Land 30 days MWK 5,000 Agency : Commissioner of Land On September 1, 2016, Malawi adopted the Land Act N 16 of 2016 delegating the authority for providing the consent for transferring property from the Ministry of Lands to the local government authorities, Commissioner for Lands (including Regional Commissioners) and the corresponding subordinate or authorized officer. The process starts with an application to the Regional Commissioner for Lands. The request is also sent to the Anti-Corruption Bureau for clearance. 4 Obtain a tax clearance certificate from the Malawi Revenue Authority 7 days no charge Agency : Malawi Revenue Authority Parties apply for a Tax Clearance Certificate from the Malawi Revenue Authority. The following documents must be provided to the Authority. - Original Title Deed - Sale-purchase agreement - An evaluation report from a certified evaluator 5 Stamping of the conveyance deed at the Registrar General’s office 1 day MWK 214,113.98; (1.5% of Agency : Registrar General's office property value) The deed is taken for stamping at the Registrar General’s office. If it is submitted in person, it will take 1 day. If it is done by mail, it will take 1 month. 6 Apply for registration at the Deeds Registry 7 days MWK 5,000 Agency : Deeds Registry The parties take all the documents for registration at the Deeds Registry. The Registry will issue a title deed under the name of the buyer. The documentation shall include: City rates clearance certificate (obtained in Procedure 2) Tax clearance certificate (obtained in Procedure 4) Stamped deed (obtained in Procedure 5) Takes place simultaneously with previous procedure. Page 24
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