FROM RESIDENTIAL LICENSES TO FULL TITLE IN TANZANIA

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1 FORMALISATION OF LANDED PROPERTIES IN UNPLANNED SETTLEMENTS FROM RESIDENTIAL LICENSES TO FULL TITLE IN TANZANIA by Sarah A. Kyessi, Assistant Director Settlements Regularisation Ministry of Lands Housing and Human Settlements Development 4 th November

2 Presentation outline Unplanned settlements in Tanzania The magnitude of the problem in Dar es Salaam Policy and legal framework for property formalisation Issuing of Residential License Achievements and challenges Upgrading Residential License to Full Title Wayforward 2

3 Reasons for unplanned settlements development in Tanzania Rapid urban population growth up to 6% per annum as a result of rural urban migration and natural increase Shortage of surveyed and serviced plots in urban areas Less bureaucratic access to plots in unplanned settlements 3

4 The magnitude of the problem in Dar es Salaam There are about 100 unplanned settlements in Dar es Salaam City 80% of all residential houses (400,000 out of 500,000) are found in the unplanned settlements. 70% of Dar es Salaam residents live in the unplanned settlements 4

5 Formal and Informal Settlements in Dar es Salaam 5

6 SATELLITE IMAGE SHOWING UNPLANNED SETTLEMENT PART OF MANZESE AREA 6

7 A RESIDENTIAL AREA ON THE OUTSKIRTS OF DAR ES SALAAM PART OF KIMARA AREA 7

8 A HIGH DENSITY HOUSING AREA ( SATURATED) PART OF BUGURUNI KWA MNYAMANI 8

9 A HIGH INVESTMENT IN UNPLANNED SETTLEMENTS UKONGA AREA 9

10 Legal Framework Pro-poor in implementation Legal instruments The National Land Policy 1995 The National Human Settlements Development Policy 2000 The Land Act 1999 (No 4. of 1999) Section 23 of the Land Act 1999 provides for issuing derivatives right of occupying land known as Residential Licenses (RLs( RLs) ) in unplanned settlements by a local authority having jurisdiction in i that area where land is situated National Strategy for Poverty Reduction Millennium Development Goals in poverty reduction 10 10

11 Why Property Formalisation? To create a database and property registers for efficient land administration To increase government revenue through land rent and property tax To curb further growth of the unplanned settlements and enhance environmental sustainability To enhance security of tenure by issuing residential licenses 11

12 Actors involved in the process Central Government through Ministry of Lands The 4 Dar es Salaam Local Authorities Dar es Salaam City Council, Ilala, Kinondoni and Temeke Communities in the settlements Grassroots leaders including civil societies Training institutions offered training in GIS application Land owners 12

13 Property formalisation process Identification of unplanned settlements Procurement of satellite imagery, office and field equipment Conducting awareness campaigns Training of project personnel Field work; socio-economic survey, property identification, registration and verification Establishment of database 13

14 DELINEATION AND DIGITISATION OF PROPERTIES 14

15 CREATION OF DATABASE MWANANYAMALA KWAKOPA 15

16 Issuing residential licenses Issuing of Residential License (RL) is under the jurisdiction of the Municipalities Hard copy of property registers and a map are available at the Mtaa office Applicants fill in application forms (Land( Form 73) from the Mtaa Chairperson Forms are signed by the Mtaa Chairperson, and Ward Secretary to certify property ownership 16

17 Procedure (cont ) Signed forms are submitted to the Municipality for preparation of Residential Licenses (Land Form 74) Applicant digitally photographed The applicant pays TShs. 10,000/= (USD 8) for a RL The licenses are signed by authorised officers and registered under cap 117 It takes 5-30 days to get a RL A Residential License is issued for a term of two years (renewable) 17

18 RESIDENTIAL LICENSE 18

19 LOCATION MAP 19

20 Launching Issuing of residential licenses 20

21 Achievements Already 262,000 properties identified and registered Computerized spatial and non-spatial information of property owners. Licenses prepared electronically Mainstream the informal land and property into the formal land and property market Residential licenses issued as security of land tenure The Residential License (RL) is a cost effective alternative to full title in urban areas Enhanced revenue collection through land rent and Property tax Stimulating housing improvement Stimulating regularization 21

22 Upgrading Residential License to Full Title Regularising informal settlements by issuing Certificate of Right of Occupancy for a term of thirty three years or more would improve security of land tenure. Financial institutions require longer period above two years of the Residential Licenses for long term mortgage financing The cost per property is estimated at an average of TShs. 100,000/= (USD 83) 22

23 Challenges Existence of 50-80% of unplanned areas in our urban centers Cost recovery was not part to the cost of obtaining the Residential License - highly subsidised by the government Inadequate financial and technical capacity in local authorities for scaling up Mobilising more stakeholders to take part in scaling up Establishing a monitoring system 23

24 Way Forward Involve stakeholders in planning, surveying and servicing plots in all urban centers with cost recovery component Advising local residents on how their property can be used to increase opportunities for enhancing household economic development leading to reduction of poverty Implement participatory regularisation for purpose of upgrading RL to full title and improvement of infrastructure services Look for ways of mobilising financial resources for scaling up 24

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