Sénégal Commission Enquête Patrimoine Bâti: Gaps Revealed

• A parliamentary inquiry in Sénégal revealed significant deficiencies in the management and documentation of state-owned real estate.
• Former directors of AGEPBE and SOGEPA, Yaya Abdoul Kane and Elimane Pouye, testified about widespread lack of archives and legal insecurity.
• Yaya Abdoul Kane reported finding 35 billion CFA francs in payment arrears and an annual rental cost of 18 billion CFA francs for state properties.
• Leases granted to individuals in Cité Fayçal in 2018 were deemed legally invalid due to a lack of official approval.
• The state's computer database initially listed only 192 buildings, while subsequent investigations identified nearly 2,000 properties.

He explicitly stated that these leases, executed in 2018, lacked official approval and were, from a legal standpoint, invalid.

A parliamentary inquiry commission in Sénégal, tasked with investigating the management of the nation's built heritage, recently heard testimony from former directors of key state agencies. On Thursday, October 8, Yaya Abdoul Kane, who led the Agence de Gestion du Patrimoine Bâti de l'État (AGEPBE) from 2019 to May 2024, and Elimane Pouye, former head of the Société de Gestion du Patrimoine Immobilier de l'État (SOGEPA) from May 2024 to September 2026, appeared before the commission. Their auditions highlighted significant challenges in the knowledge, documentation, and legal safeguarding of public real estate assets, pointing to a systemic issue within the gestion patrimoine immobilier État Sénégal.

Kane's testimony was particularly revealing, indicating a profound lack of comprehensive records upon his arrival at AGEPBE. He observed that the state did not effectively control its real estate, a factual assessment he shared with the deputies. The initial handover report was notably brief, and the agency's computer database only listed 192 buildings at that time. Subsequent internal investigations, however, managed to identify nearly 2,000 properties, excluding those specifically allocated to sectors like education, health, or the National Assembly, underscoring the vast discrepancies in official records.

The extensive lacunes documentaires patrimoine État presented a significant paradox: while possessing a substantial real estate portfolio, the state continued to incur considerable rental expenses. Kane reported discovering payment arrears amounting to 35 billion CFA francs upon assuming his role, with annual rental costs estimated at 18 billion CFA francs. This financial burden, coupled with the incomplete understanding of state assets, prompted him to advocate for institutional reform.

The proposed reform aimed to establish a dedicated structure for more efficient management and valorization of the built heritage. The objectives included reducing reliance on rented properties, optimizing the utilization of public assets, and generating new revenue streams. This initiative was part of a broader strategy to enhance the value of the state's real estate, encompassing projects for development and renovation of public properties. Elimane Pouye, during his audition, corroborated the widespread nature of these documentary deficiencies, noting that while SOGEPA officially managed approximately 2,200 buildings, with over 1,600 in Dakar, the supporting documentation for precise ownership and legal status was largely absent.

The parliamentary inquiry also delved into specific instances of questionable property transactions, notably focusing on the baux emphytéotiques Cité Fayçal. Yaya Abdoul Kane admitted an inability to explain the legal basis for these long-term leases granted to private individuals in Cité Fayçal. He explicitly stated that these leases, executed in 2018, lacked official approval and were, from a legal standpoint, invalid. This revelation underscores a critical vulnerability in the legal framework governing state property.

Despite the identified invalidity, AGEPBE did not immediately pursue recovery actions. Kane explained that the agency's initial priority was to reconstruct its own archives and conduct a thorough inventory of the properties under its purview, highlighting the pervasive issue of documentation as a primary impediment to legally secure management of biens publics. He further disclosed that similar unapproved leases affected other villas in Dakar and Gorée. According to Kane, the agency was not authorized to proceed with property transfers without explicit permission from the competent authority, suggesting that for current occupants, rental or availability agreements would be the more appropriate and legally sound solution.

The findings of the Sénégal commission enquête patrimoine bâti reveal a critical need for comprehensive and legally sound management of state-owned properties. The widespread lacunes documentaires patrimoine État not only create financial inefficiencies, as evidenced by significant rental costs and arrears, but also expose the state to considerable legal risks. The admission of invalid baux emphytéotiques Cité Fayçal, alongside other unapproved leases, indicates a potential for future disputes over property rights and challenges to the state's ownership.

Effective gestion patrimoine immobilier État Sénégal is paramount for national development and fiscal responsibility. Without accurate records and proper legal approvals, the state cannot effectively leverage its assets, leading to missed opportunities for revenue generation and increased vulnerability to illicit occupation or unauthorized transactions. The testimonies of Yaya Abdoul Kane and Elimane Pouye underscore that the absence of robust documentation is not merely an administrative oversight but a fundamental barrier to the secure and productive utilization of public resources, necessitating urgent and thorough reform.

Lawyers advising clients with leases or other agreements involving state-owned property in Senegal, particularly those managed by AGEPBE or SOGEPA, should urgently review the legal validity and approval status of these contracts. The ongoing parliamentary inquiry highlights significant documentation deficiencies and potentially invalid leases, creating a high risk of future disputes, challenges to property rights, or state recovery actions.

Source: Reporting based on a Senegalese parliamentary inquiry.