New regulations governing non-professional leases have come into force in the Democratic Republic of Congo (DRC). A ministerial decree was signed on April 29, 2025, by the Ministry of Urban Planning and Housing, as announced in an official press release published on May 21. This decree replaces the 2018 and 2021 orders and took effect immediately upon signing. According to the authorities, it introduces several "innovations" in the rental sector. Notably, the Ministry highlights the exclusive competence now granted to the Housing Department in matters of rental leases, as well as the mandatory nature of the written lease contract, which must comply with an official standard model.
The decree also sets out rules regarding the financial aspects of leasing. The rental guarantee is capped at the equivalent of three months’ rent for residential accommodation and six months’ rent for socio-cultural premises, with penalties for exceeding these limits. Intermediaries’ remuneration is also regulated: commissions cannot exceed one month’s rent, and any direct collection of this remuneration by the lessor is prohibited.
A mechanism for registering lease contracts has been introduced to improve monitoring of compliance with the rules. The decree also provides for formal notice and administrative eviction procedures, applicable only to registered contracts. This reform comes amid strong rental pressure, especially in large urban centers like Kinshasa, where informal practices still dominate the market. However, in both form and content, the new decree closely resembles the 2018 and 2021 regulations it replaces.
The 2018 decree already required lease contracts to be signed in the presence of an approved agency, accompanied by a standard booklet, and legalized by the Housing Department. It also established rental guarantees, notice periods, dispute resolution procedures, and mandated rent payments in national currency based on mercurial rates. Conciliation boards and a censorship committee were tasked with enforcing these rules. The 2021 decree made contract registration within 30 days compulsory, required the inclusion of a state-supplied lease booklet, expressed rent exclusively in Congolese francs, and specified deposit amounts along with termination and notice conditions.
The announcement of the new decree coincides with national deputy Venance Eyanga Mboyo’s presentation of a bill to the National Assembly on May 12, 2025. The bill aims to provide a stricter framework for relations between lessors and lessees and to reduce dependence on the US dollar. Intended to amend and supplement the law of December 31, 2015, on non-professional leases, the bill introduces twelve innovations, including the creation of a housing police force, the introduction of a lease permit, a framework for rent readjustments, compulsory signing of lease contracts before relevant departments, and a return to rent payments in Congolese francs.
Ronsard Luabeya (intern)