Housing in Niger

Niger has a formal housing framework alongside customary land practices. Law n°2018-25 provides the national framework for construction and housing, while the 1996 Code des baux à loyer regulates residential and mixed residential-professional rentals. A bail is a rental agreement; it may be written or oral. The system also distinguishes statutory rights from customary land rights, which are especially relevant in rural areas and in places where parcels remain unregistered. Common housing arrangements include a simple rental, ownership through purchase or self-construction, family housing, free accommodation, employer-provided housing and location-vente, where occupation and later acquisition follow agreed conditions. A maison en banco or case uses locally common earth-based construction methods, but the material does not by itself prove ownership, safety or legal compliance. A logement de fonction is linked to employment and follows different occupancy rules from an ordinary rental. The 2012 national housing and population baseline recorded 2,419,116 dwellings. It found that 77.1% of households nationally owned their dwelling, compared with 43.2% in urban areas. Simple renting represented more than 30% of urban housing and 41% in Niamey. Banco construction accounted for 62.76% nationally, 54.7% in urban areas and 64.5% in rural areas. The same baseline found that 64% of households had three or fewer people per room, while 26% had four to seven people per room. These figures describe the available national baseline rather than a current rent or housing-price benchmark. Land access requires careful verification. Urban land may involve a serviced plot, subdivision, assignment, emphyteutic lease or land title. In rural areas, customary rights may be recognized even when a parcel has not been registered. A COFO, or land commission, may operate at department, commune or village level in land governance. A customary leader or other customary authority may also provide evidence of a customary transfer. A building permit, called a permis de construire, is not proof of ownership. Before payment, the buyer should verify the title or transfer evidence, registration or regularization status, identity of the seller, absence of competing claims, buildability, road access and access to water, electricity and drainage. Informal transfers, multiple sales and fraud create substantial risks. Construction normally requires a permis de construire before work begins, including some structures without foundations. The application goes to the mayor and is examined by the Commission des Permis de construire. Fees are non-refundable and their amount follows a ministerial order. The instruction period is no more than 15 working days. A permit is valid for four years and may receive one one-year extension. The builder must notify the start of work at least 48 hours beforehand and declare completion within 48 hours after the works end. After inspection, a certificat de conformité, or certificate of conformity, may be issued within five working days. Occupation should begin only after that certificate. An unsafe or unhealthy building may be subject to an interdiction d’habiter, meaning that occupation is prohibited. Public housing and serviced-plot programmes exist but do not provide a universal entitlement. The State and local authorities may create social-housing programmes. In the Bangoula 2025 programme, 15,000 serviced and fenced plots were planned, mainly for State workers. The State covered land acquisition and servicing, while the beneficiary's fencing cost was reported at 1,257,000 to 2,200,000 FCFA per plot. Housing access through BHN financing or another programme depends on the specific campaign, employment status and eligibility rules. A general pathway for non-salaried applicants was announced, but no universal entitlement is established. Under the rental code, the landlord must provide peaceful enjoyment, address defects and carry out urgent repairs. Visits require a serious reason and at least 48 hours' notice. The tenant must use the dwelling in good faith, cannot change its form or purpose without consent and pays small repairs up to 10% of the monthly rent. Rent is due no later than the eighth day of the following month. A judge may grant an exceptional payment delay of up to two months, with no more than one month of rent covered by that delay. Rent is agreed by the parties within any applicable local tariff limits. It may be revised once per year by agreement or through the judge of peace. The tenant generally pays registration and stamp charges and water and electricity consumption. The landlord pays property taxes, repairs above 10% of monthly rent, septic-tank emptying and meter installation. Real service charges require an annual statement and supporting justification within three months. A rental guarantee exists only when the contract provides for one. It must be placed in a separate interest-bearing savings account in the landlord's name, and the tenant may request account statements. The landlord must return the guarantee and interest within three months after the tenancy ends, less justified deductions. For an indefinite rental, the landlord normally gives three months' notice and the tenant one month; the notice period starts on the first day of the following month. A fixed-term rental ends on the agreed date, but tacit continuation turns it into an indefinite rental. A tenant may leave early for a transfer or serious reason. For employer-linked housing, the occupant generally has 30 days to remain after the principal contract ends, followed by one month of occupation compensation. At handover, keep the keys, payment records and evidence of the property's condition. An exit inventory can help establish the state of the dwelling, and a judge may order one within 30 days. Disputes may go first to a customary leader, local administrative authority or conciliation process, and the judge of peace has jurisdiction over rental matters. Urgent procedures may be available. An appeal generally must be filed within one month. Unlawful eviction, violence, privacy violations and an unauthorized cut of water or electricity can create liability. An unauthorized utility cut may lead to restoration and compensation equivalent to one month's rent. If authorities prohibit occupation because of serious unhealthiness, rent and payment obligations are suspended from the first day of the month after notification until the condition is cleared.