A Joint UN-Habitat GLTN and FIG session CoFLAS: Progress Report

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GLTN BRIEFING AND PROGRAMME A Joint UN-Habitat GLTN and FIG session CoFLAS: Progress Report An Assessment of the likely Return on Investment of A LAS Reform and Financing Implication of the Reform CheeHai TEO Tuesday, 19 May 2015, Sofia, Bulgaria Financing LAS Governments with development partner support can fund the development of LAS but the maintenance/operations need to be sustainable Possible strategies for financing LAS: Full funding by government as a public service Setting fees and charges to fully or partially recover the cost of providing LAS services Transferring core parts of LAS delivery to others such as local government or private sector service providers Separating the regulatory and service provision LAS functions > PPP FIG Working Week 2015 1

Factors to be considered prior to PPP: The feasibility of including systematic registration in any publicprivate partnership Appropriate allocation of risk - alignment of the estimated cost of the investment to the projected revenue from providing LAS services Clear measurable indicators for service, cost and access to be: - agreed up-front - regularly monitored during implementation Government must be able to manage and monitor the performance of the private operator The private party to be very familiar with the social and political sensitivities in providing LAS services The need to ensure that any contracting for a public-private partnership is conducted in an open, transparent manner Revenue from LAS Possible sources of revenue to government: Annual property taxes Effective identification of properties and assessment of taxes Efficient collection of taxes Transaction taxes, fees and charges Need to balance affordability with cost Sale/licensing of data/information Can limit use of LAS data for NSDI and SEG Even with well-developed LASs there is a tension between the objective of recovering the cost of providing services and the need to ensure that land services are accessible and affordable for all sectors in society Lack of a complete set of records makes it impossible to consider recovering the cost of land services from user fees and charges in a manner that is not a major barrier for participation in the formal system, particularly for the poor and vulnerable. FIG Working Week 2015 2

Revenue from LAS The information from the questionnaires: The property turnover ranged from 3.0% in the Netherlands to 6.1% in Sweden (Thailand 4.9% with a register of > 34 million) The revenue from registered transfer as a percentage of total revenue ranged from 52.2 to 67.6% of revenue (67.6% in the Netherlands, 52.2% in Peru, 54.0% in Sweden and 67.6% in Thailand). The revenue from registered mortgages as a percentage of total revenue was 30.9% in the Netherlands (excluding survey and other revenue), 32.9% in Peru 37.4% in Sweden (excluding capital gain/stamp duty and other revenue) 33.2% in Thailand (excluding survey, capital gain/stamp duty and other revenue) CoFLAS tables provide basis for estimating: Annual taxes (land properties, condominiums) Transaction taxes and duties - Range of market conditions (property turnover 3% to 10%) - Expected fees for registration (fixed, ad valorem range of %) - Expected revenue by transaction (transfers, mortgages, other) - Summary tables of expected annual revenue based on average values (urban properties, rural properties, condominiums) FIG Working Week 2015 3

OECD Countries (number of countries) Developing Countries (number of countries) Transition Countries (number of countries) All Countries (number of countries) Bird and Slack (2003) document a comparative study of land and property tax in 25 countries and note that land and property tax is an important source of revenue at the sub-national level, but in the case of developing countries the contribution of property tax to sub-national revenuehadbeendecreasingintheperiodfrom1970to1990. Sub-National Property Tax as Share of Sub-National Revenue (%) 1970s 1980s 1990s 1970s 1980s 1990s 17.4 17.0 17.9 (16) (17) (16) 27.6 24.3 19.1 (21) (27) (24) 6.7 8.51 8.8 (1) (4) (20) 22.8 20.4 15.6 (38) (48) (59) Grand County, Utah consists largely of public lands 87 percent of the county is a mix of state and federal lands managed by different agencies for a range of users and purposes. Management of these extensive lands is important to local businesses because of the close tie between public lands resources and local economic activity. Today, more than 1/3 of families have a member that works in a tourism and recreation business related to public lands, and nearly 2/3 of local residents indicate that public lands are extremely important to their business. (The Economic Value of Public Lands in Grand County, Utah Headwaters Economics, March 2015) FIG Working Week 2015 4

A review shows several types of conceptual frameworks proposed for economic impact evaluation in land registration. These frameworks try to establish linkages between major project outcomes and their anticipated impacts. The following four frameworks, which seem most suitable for the purpose: A. Financial Development and Growth Linkages - Byamugisha B. Land Registries/Cadastre and Land Market Linkage - Dale & Baldwin C. Investment Climate Linkage -World Development Report (WDR) of 2005 D. Added Value Through Registration Service Linkage European Bank for Reconstruction and Development (EBRD) ( Economic Impact of 20 Years of ECA Land Registration Projects Suha Satana, Mika-Petteri Torhonen, Aanchal Anand and Gavin Adlington, 2003) The economic impact of ECA land registration projects is summarized: Country and Project Armenia Land Titling Project Azerbaijan Real Estate Registration Bosnia and Herzeqovina Land Registration Project AnticipatedMain Outcomes and Impacts (PADs) Secure property rights, increase efficiency of real estate markets Restore farm productivity through nationwide property registration Develop transparent land markets Realized Main Outcomes and Impacts (ICRs) Property rights registered, increase mortgageactivities, lower interest rates Regional cadastreoffices established, increased secondary land market transactions, 66% reduction time to register property Significant reduction in time to register property, increase in mortgage market activity, fiscal impact of US$13 million ( Economic Impact of 20 Years of ECA Land Registration Projects Suha Satana, Mika-Petteri Torhonen, Aanchal Anand and Gavin Adlington, 2003) FIG Working Week 2015 5

Country and Project The economic impact of ECA land registration projects is summarized: Bulgaria Registration and Cadastre Project Croatia Real Property Registration and Cadastre Project AnticipatedMain Outcomes and Impacts (PADs) Secure property rights, develop efficiency property markets Realized Main Outcomes and Impacts (ICRs) Established joint ICT system for land and property registration, reduced transaction cost and time, close to 400% increase in number of transactions and mortgages Develop efficient real estate markets 84% reduction inland register backlog, 90% reduction in time to register a mortgage, 93% reduction in time to register a transaction, increase in property tax collection of EUR 4.74 mil. ( Economic Impact of 20 Years of ECA Land Registration Projects Suha Satana, Mika-Petteri Torhonen, Aanchal Anand and Gavin Adlington, 2003) This is a 2.22x increase over the initial project costs and implies a return on investment (ROI) of 122%. Furthermore, assessing the economic impact of projects that specifically targeted first registration, the estimated total short-term and long-term benefit to the economy of a single registration is estimated at US$ 16.13. In other words, registering one million properties in the ECA region leads to an estimated economic benefit of just over US$ 16 million in the target country. (However, note that these are preliminary findings of an on-going analysis and there a number of caveats to consider including poor data availability and reliability, inability to attribute economic impact to land projects alone, and difficulty in measuring certain impacts associated with productivity and efficiency gains) ( Economic Impact of 20 Years of ECA Land Registration Projects Suha Satana, Mika-Petteri Torhonen, Aanchal Anand and Gavin Adlington, 2003) FIG Working Week 2015 6

The Hindu Succession Act 1956 is a codified law dealing with the matters of succession of a deceased dying intestate and it applies to any person who is a Hindu by religion in any of its forms or development. The Act also applies to any person who is a Buddhist, Jainaor Sikh by religion. The general rules of succession under the Hindu Succession Act 1956 for a male who dies intestate is that heirs known as Class I heirs succeed in preference to heirs in other classes. After an amendment to the Hindu Succession Act 1956 in the year 2005, more descendants, specially females, have been elevated as Class I heirs in respect of property left behind by a Hindu male, who has died intestate ie without making a Will. (Economic Times, Jun 13, 2008) We find that the HSAA significantly increased women s likelihood to inherit land, although it did not fully compensate for the underlying gender inequality. At the same time, the finding of a significant increase in girls educational attainment after the HSAA suggest that the Act led to genuine improvement in women s socio-economic status, rather than a substitution away from human capital to physical capital transfers by parents to their daughters following the legislative amendment. (Inheritance Law Reform and Women s Access to Capital: Evidence from India s Hindu Succession Act Klaus Deininger, AparajitaGoyal, HariNagarajan, 2010) FIG Working Week 2015 7

that the deserving and suitably qualified rural people should be given every encouragement to own economically viable farms in planted land development and settlement schemes provided with all essential public utilities and social amenities, adequate management training, extension facilities and suitable processing and marketing arrangements in order to raise manifold the level of living from $50 - $ 150 per month level to about $300 per month, and to evolve them into progressive and knowledgeable farmers so that the rural people could take their rightful place and role in the community The Land Development Ordinance 1956 came into force on 1 st July 1956 The Land (Group Settlement Areas) Act 1960 came into force on 30 th May 1960 In 2006, net income is approximately $850 per month, and 11.5% earned more than $2,000 per month. 24% have completely built a new house; 71% made renovations to their houses 97% of the settlers aspire to see their children obtain education at university level FIG Working Week 2015 8

FIG Working Week 2015 9