Presentation: Urban planning law reform in Latin America

Similar documents
Land tenure dilemmas: next steps for Zimbabwe

Land Markets and Land Rights in support of the Millennium Development Goals

Land Tools for Tenure Security for All

Monday July 29, :00 to 16:30 (local time) Pretoria, South Africa

Creation Land Administration in Formal and Informal Environment. FIG Commission 7 Working Group 1

Securing land rights in sub Saharan Africa

Land surveying is probably the (second) oldest profession in the world

The post-2005 period has seen in India intensive discussions on the alternative approaches to addressing issues of slums and affordable housing.

Scenic Nepal. Land Administration Systems. Outline of Presentation. Interests in land. Rights: Registration and security of tenure positions

Key Concepts, Approaches and Tools for Strengthening Land Tenure Security

Scottish Election 2007 Summary of Party Manifestos. Scottish Labour Party Election Manifesto 2007

SECURITY OF TENURE - BEST PRACTICES - Regional Seminar on Secure Tenure Safari Park Hotel, Nairobi June 2003

AN OVERVIEW OF LAND TOOLS IN SUB- SAHARAN AFRICA: PAST, PRESENT AND FUTURE

LAND REFORM IN MALAWI

Ira G. Peppercorn and Claude Taffin Financial and Private Sector Development/Non Bank Financial Institutions World Bank May 31, 2012

City of Johannesburg Approach

Implementing Innovative Land Tenure Tools In East-Africa: SWOT-Analysis Of Land Governance

7 th international LANDNET Conference 5-7 October 2015, Ankara, Turkey. Land banks and land funds an overview and presentation of FAO publication

Mark Napier, Remy Sietchiping, Caroline Kihato, Rob McGaffin ANNUAL WORLD BANK CONFERENCE ON LAND AND POVERTY

Carbon Finance and Land Tenure Lessons from Sub-Saharan Africa

TSO1C: Land Reforms. Commission 7

THE CONTINUUM OF LAND RIGHTS

ABSTRACT Land Administration System in Lithuania

ROLE OF SOUTH AFRICAN GOVERNMENT IN SOCIAL HOUSING. Section 26 of the Constitution enshrines the right to housing as follows:

TIME IS NOW FOR SPATIAL AND LAND USE PLANNING AND RE-BUILDING THE LAND ADMINISTRATION SYSTEM IN ZIMBABWE

Summary of Sustainable Financing of Housing Public Hearings November 2012

UN-HABITAT s Mission and Vision. Sustainable urban development Adequate shelter for all

Public Interventions in Urban Land Markets: An Overview with African Highlights. Part 1: Land Markets, Regulation and Welfare

Land Tenure and Land Administration Systems. Kent Elbow Land Tenure and Property Rights Issues and Best Practices Workshop 30 September 2014

THE IMPORTANCE OF LAND TENURE TO POVERTY ERADICATION AND SUSTAINABLE DEVELOPMENT IN AFRICA: SUMMARY OF FINDINGS

Rapid Urbanization What can land surveyors do? Paul van der MOLEN. % (millions) % Rural ,974 3, ,

EXPERIENCES FROM THE KENYAN PROCESS

GLTN LAND TOOLS -SOME EXAMPLES-

From Measurement to Management

Participants of the Ministerial Meeting on Housing and Land Management on 8 October 2013 in Geneva

How Swaziland Is Upgrading Its Slums

UN-HABITAT: Zambia - Overview of the current Housing Rights situation and related activities

RWANDA NATURAL RESOURCES AUTHORITY Department of Lands and Mapping

PUBLIC LAND, INNER CITY REGENERATION & SOCIAL HOUSING. Presented by: Michael Lagus

REPORT ON UN-HABITAT ACTIVITIES REGARDING INDIGENOUS ISSUES

INFORMAL SETTLEMENTS AND THE MILLENNIUM DEVELOPMENT GOALS: GLOBAL POLICY DEBATES ON PROPERTY OWNERSHIP AND SECURITY OF TENURE

Promising times for surveyors. Land Administration in Europe -new challenges and opportunities- Formalised property rights

Land Tenure and Geospatial Data and Technology

Click to edit Master title style

Mass Housing Development Blueprint: The Case of Namibia

Innovative approaches to Land Governance Programme management; a Contractors View. Clive English & Owen Edwards

Galicia 2009 Regional Workshop on Land Tenure and Land Consolidation. FAO s Experience with Land Development Instruments in Europe

The Governance of Land Use

Land Rights Adjudication in off-register, formalising and non-formal contexts in South Africa Rosalie Kingwill LEAP-Mbumba Development Services

REFLECTION PAPER Land Police and Administration reform in Mozambique An economic view in GDP growth

NOTE ON EXPROPRIATION

contents Government and Governance Governance and Space Governance Space and Land Development, land and space Securities,

HMO Licensing in Cardiff An Update Report. Community & Adult Services Scrutiny Committee. 8 June 2016

WHAT IS AN APPROPRIATE CADASTRAL SYSTEM IN AFRICA?

Qualification Snapshot CIH Level 3 Certificate in Housing Services (QCF)

Land Information System as new instrument for Land Administration: Case Examples. Mike Cheremshynskyi Consultant, Land Administration Expert

Developing Land Policy in a Post-Conflict Environment: The Case of Southern Sudan

UN-HABITAT SCROLL OF HONOUR AWARD CALL FOR NOMINATIONS

Strengthening Property Rights in Pursuit of Poverty Reduction: Commentary on the 2010 Lesotho Land Reform Project

THINKING OUTSIDE THE TRIANGLE TAKING ADVANTAGE OF MODERN LAND MARKETS. Ian Williamson

LAND ADMINISTRATION IN CANADA HISTORICAL WISDOM AND MODERN CHALLENGES IN QUEBEC LAND ADMINISTRATION: FROM PAPER CADASTRAL MAPS TO ON-LINE SERVICES

Integrated Land-Use Management for Sustainable Development

CIVIL SOCIETY COALITION ON LAND REFORM

REDAN CAPITAL LTD 13 Ikeja Close, Off oyo St, Area 2, Garki-, Abuja, Nigeria GUIDELINES FOR PREPARING PROJECT PROPOSALS

Paper number: PN-32 REFORMING LAND ADMINISTRATION IN LESOTHO: REBUILDING THE INSTITUTION. Sean JOHNSON and Motlotlo MATELA, Lesotho.

SOCIAL HOUSING THE WAY FORWARD

XXV FIG CONGRESS KUALA LUMPUR, MALAYSIA, JUNE 2014.

PRESENTATION TO THE 2004 ANNUAL MEETING OF FIG COMMISSION 7. Apie van den Berg and James Mudau SOUTH AFRICA SEPTEMBER 2004

Latest on Land Reform

Experiences with land consolidation and land banking in Slovenia since 1991

RHLF WORKSHOP The National Housing Code

Fiscal Cadastral Reform and the Implementation of CAMA in Cape Town: financing transformation

Good Land Governance for the 2030 Agenda

Community Housing Federation of Victoria Inclusionary Zoning Position and Capability Statement

The long experience of Greece addressing the question of Informal Settlements

What Lessons can we learn from the Mexican Customary Land Registration System for African Customary Areas?

Minimum Educational Requirements

Land Administration Developments in Rwanda

Bill 7, Promoting Affordable Housing Act, 2016

The means to identify trends and policy innovations for strengthening Land Governance

Cadastral Template 2003

Royal Institute of British Architects Report of the RIBA visiting board to Universidad Pontificia Bolivariana

THE APPLICATION OF GIS AND LIS Solutions and Experiences in East Africa. Lenny Kivuti

Results Framework for LAPs Household-level Impacts

To achieve growth, property development, redevelopment and an improved tax base in the cities and boroughs in the Lehigh Valley.

SCHOOL SECTOR PROGRAM (SSP) FRAMEWORK FOR LAND ACQUISITION THROUGH VOLUNTARY DONATION OR WILLING SELLER WILLING BUYER PROCESS

PROJECT INFORMATION DOCUMENT (PID) RESTRUCTURING. PA Land Administration

REPUBLIC OF SOUTH AFRICA

EXPERT GROUP MEETING REPORT

Land Reform Development in Rwanda. Kagera TAMP Lessons learnt. Workshop - Entebbe, Nov.2005

NFU Consultation Response

SHEPHERDS BUSH HOUSING ASSOCIATION UNDEROCCUPYING AND OVERCROWDING POLICY

Land markets, property led growth and local economic development: lessons from China

The Governance of Land Use

Social and Economic Benefits of Good Land Administration (Second Edition)

National Technical University of Athens School of Rural and Surveying Engineering

Low Cost Titling in Africa

Land policies and land reforms in China: current situation and lessons to be learned for the future Dr. Michael Klaus

PIA would be pleased to meet with the Department to outline any aspect of our submission. Please contact myself or John Brockhoff on

In search of land laws that protect the rights of forest peoples in the Democratic Republic of Congo

Transcription:

Cities Alliance Project Output Presentation: Urban planning law reform in Latin America Urban Planning Education and Applied Research in Sub-Saharan Africa P131278 This project output was created with Cities Alliance grant funding.

Reforming the urban legal framework in Latin America: principles and challenges of Urban Law Edesio Fernandes

Urban Law Integrated approach: law and management Urban policy/urban reform national laws Planning is not a profession, but an interdisciplinary pratice

Why look at LA Consolidated urban development: 80% Colonial history and contemporary accommodation of different legal regimes (especially Portuguese-speaking African countries) Renewed tensions between statutory law and customary traditions (native Indian groups, quilombolas, favela dwellers)

Ongoing legal reform Supporting urban reform movement and led by social movements, NGOs, universities, political parties, sectors of capital and local administrations since mid- 1970s National Forum of Urban Reform in Brazil Realisation of central role of legal order in sociospatial segregation and informality Main issues: individual approach to property rights; elitist urban planning regulations; exclusionary urban management processes Sociopolitical bet on role of redefined legal order in the promotion of inclusive and fairer territorial order

Differing national processes Dispute of legal paradigms as to the definition of both property rights and city Constitutional and legal developments From state- and community-led urban development control (Venezuela, Ecuador, Bolivia; populist ) to market-led urban development (Peru, El Salvador; neo-liberal ) Brazil (City Statute) and Colombia (Law 388): social function of property and of the city New framework of The Right to the City: right of habitation; right of participation Lessons, both positive and negative

The most important lesson: need for articulation Land (rural and urban): central dimension Urban planning (mobility and transportation, infrastructure provision) Housing (regularisation) Environmental Fiscal (budgetary) Economic development Four R s: restitution, registration, regulation, and regularisation Land governance framework: a framework law and integration of procedures To be adapted to regional and local realities by provincial and local laws

Social function of property A more socially-oriented approach to property rights Individual and collective/social/environmental /cultural rights and interests Intertwined collective rights to: territorial organisation (territorial responsibility); environmental preservation; decentralisation; popular participation; regularisation of consolidated informal settlements Social right to housing

A new definition of property rights Right to property; public law Emphasis on non-ownership legal forms Fair distribution of costs and benefits of urbanisation Separation between property and building rights Onerous sale/transfer of development, building and use rights Expectancy of rights does not constitute rights; no-compensation (objective responsibility)

Urban planning: highly political process Different approach to urban planning: not merely a technical exercise From mere regulation (police power, external limitations to property rights) to more market inducing process (social obligations, compulsory orders) What can be done where/ how/ when/ by whom Where the poor can live Understand formation of land and property prices

New elements in the discussion Earmark land for social housing (Special Zones of Social Interest ZEIS) Use vacant land as well as abandoned/under-utilised built properties Involvement of private sector and communities in provision of social housing Social function of public land Urban planning regulations: attention to socioeconomic realities before determining standards, criteria and requirements (size of plots, possibilities of mixed use and construction, etc.): Invert logic? Regulate more what needs to be regulated

Difficult issues Distribution of responsibilities for infrastructure provision Stricter treatment of urban expansion areas Mixed use (inclusionary zoning) The problem with the gated communities

Law and management: integration Principles and rights + processes, mechanisms, instruments, and resources A tool box is not enough: vision/project for city Cumbersome, bureaucratic, lengthy, costly procedures Capacity to act

Politico-institutional aspects Decentralisation, but within intergovernmental articulation context Metropolitan administration: local is not municipal

Politico-social aspects Clearly defined framework for involvement of private sector, community and voluntary sectors Popular participation as a legal right, condition of legal validity; not merely sociopolitical legitimisation Participation in Executive, Legislative and Judicial powers Politicisation of decision-making process

Who pays the bill, and how Financing of urban development beyond tax revenues Updated cadastres and tax systems are not sufficient Capture of surplus values: Colombia Urban operations in Brazil: the challenge of redistribution

Regularisation of consolidated informal settlements Not tolerate: high costs and burdens Prevention: cheaper, easier, faster Regularisation: cannot be housing policy par excellence

How to regularise Upgrading Legalisation Socioeconomic programmes Scale and presence of the state (less in more areas)

How to legalise Housing rights not the same as property rights Distinguish between public and private land Range of legal instruments Collective rights Security of tenure and sociospatial integration Permanence of the communities Gentrification and eviction by the market

How to finance Need for sustainability to replicate at larger scale Participation and involvement of residents Redistribution of resources generated elsewhere

Brazil Emphasis on municipal Master Plans: 1440 Progress in urban reform agenda, data and information production, environmental and cultural heritage, ZEIS, participation... but still traditional regulatory planning Formal and social effectiveness Further regulation and changes Failed to intervene directly in land structure, free attribution of development rights and to recapture surplus value Rules of the game have been changed, but game is still played according to old rules

Process of disputes Legal, sociopolitical and ideological Extreme decentralisation: capacity to act Implementation Obscure technical and legal language Change in legal and urban planning cultures Planners reluctant to extract implications of concepts Conservative judiciary Legal education

But, above all Growing commodification of cities Record breaking levels of land and property speculation Globalisation of land markets Aggressive penetration of international capital Unlocking land values Public interest