Land allocation in Tanzania 2020 Ultimate Guide

What is Land allocation in Tanzania

Land allocation refers to the process of formally giving rights of occupancy to successful applicants land allocation is made after fulfilling relevant conditions as stipulated in law Land allocation is mainly guided by the Land Act no. 4 of 1999 which gives the commissioner or his representatives power to allocate land Local authorities are not authorized to allocate land and can only do so through  representatives officers of the commissioner known as Authorised Land Officers.

 The Land Act specifies the manner through which a grant of CRO may be made A grant of right of occupancy is made under the following procedure A public announcement should be made for the public to know about the availability of plots This announcement can appear in local circulating newspaper or some conspicuous notice board.

Factor To Consider When Allocating Land In Tanzania

  • The applicant ability to develop the land in accordance with the development conditions
  • Whether the applicant has attained the age of majority save where the minor’s application is accompanied by guardian evidence of intention and ability to develop land. 
  • Whether the applicant has other land under granted right of occupancy
  • Basis of first in first out 
  • Principles of equity, reasonableness, fairness and gender balance 
  • The needs of disadvantaged groups

General Procedures For Application Of Right Of Occupancy

  • Preparation of receipts of payments and acknowledgment of payment form
  • Accompanied by three identical passport sizes
  • Three draft copies of title will be sent to the applicant for signing and have to be witnessed by advocate, magistrate or land officer(acceptable witnesses)
  • The copies are then sent to the commissioner and registrar of titles for signing and registration respectively.
  • Delivered to the occupier after registration
Procedures For Application Of Right Of Occupancy For Individuals As Per Land Act 1999
  • Procedure for application for a right for of occupancy shall be
  • submitted on a prescribed form and accompanied by photograph; land form no 19
  • Whether joint occupation or occupiers in common
  • Proof of citizenship passport/birth certificate/affidavit (certified true copy of originals)
  • Sent or delivered to the land allocation committee
  • Contain or be accompanied by any information which may be prescribed or which the Commissioner may in writing require the applicant to supply.
  • Preparation of receipts of payments and acknowledgment of payment form
  • 2 copies of certificate of approval from RITA(kibali Cha Kumiliki Ardhi)
  • 2 Certified copies of certificate of registration by RITA
  • Organization constitution
  • Annual report forms (if there any changes)
  • Three draft copies of title will be sent to the applicants to be signed and sealed by trustees in accordance with their constitution.
  • The copies are then sent to the commissioner and registrar of titles for signing and registration respectively.
  • Delivered to the occupier after registration
procedures for applicant registered as a company
  • 2 certified copies of memorandum and articles of association
  • 2 Certified copies of annual returns
  • 2 certified copies of certificate of incorporation
  • Proof of citizenship by major shareholders
  • Three draft copies of title will be sent to the applicants to be signed and sealed by 2 directors or company secretary and one director.
  • The copies are then sent to the commissioner and registrar of titles for signing and registration respectively.
  • Delivered to the occupier after registration
if the applicant is other organization
  • Preparation of receipts of payments and acknowledgment of payment form
  • 2 certified copies of the Act established the organization
  • 2 certified copies of certificate of registration
  • Three draft copies of title will be sent to the applicants to be signed and sealed by authorized personel
  • The copies are then sent to the commissioner and registrar of titles for signing and registration respectively.
  • Delivered to the occupier after registration
Procedures of allocating land to a foreigner in tanzania for general land
  • Change from village to general land
  • Preparation of form no 1 to be signed by commissioner for lands
  • ,director of TIC and land officer
  • Publication to the government gazette under land form no 1 designation of land for investment purposes.(land regulation 2001)
  • All costs will be paid by TIC
  • Granting land to TIC who will grant derivative rights to investors.
Procedures of allocating land to a foreigner in tanzania for village land
  • Change from village to general land
  • Preparation of form no 1 to be signed by commissioner for lands
  • ,director of TIC and land officer
  • Publication to the government gazette under land form no 1 designation of land for investment purposes.(land regulation 2001)
  • All costs will be paid by TIC
  • Granting land to TIC who will grant derivative rights to investors.
establishment of land allocation committee in tanzania

Land Regulation of 2001 provides that there is here by established in every district authority, every urban authority and at the ministry’s headquarters a land allocation committee. Land allocation committee shall be established at Central, Urban and District authorities. 

The names of the members of the land allocation committee shall be published in the gazette and posted up in the ministry’s headquarters and district offices. The function of the land allocation committee is to advice the commissioner who should be given land among the applicants  

Costs and fees for right of occupancy in tanzania
  • Premium depends on use and value determined by commissioner 15% of land value see the land (fees) (amendment) regulations, 
  • 2012 Fees for the certificate see the land (fees) (amendment) regulations, 2012.
  • Registration fee=15% of land rent see the land registration (amendment) rules, 2012.
  • Survey fees depends on costs used –see the land survey (general) (amendment) regulations, 2012.
  • Deed plans fees =6000/= .
  • Land rent depends on use, value and location see land rent rates 2012 made under regulation  2(3).
  • Stamp duty on certificate and duplicate=(L/R-2000 ) X 50+190= 1000
Conditions on right of occupancy in tanzania

Payment of Premium

  • 31.-(I) The Minister May require the payment of a premium on the grant of a right of occupancy.
  • (2) A premium shall be paid in one or more installments as may be determined by the Minister
  • (3) In determining the amount of a premium, the Minister shall have regard to

Where the payment of a premium is required, a demand for that payment shall be sent or delivered to the person to whom the certificate of occupancy is to be sent or delivered at the same time as or before the certificate of occupancy is sent or delivered to that person.

Failure to pay a premium or any installment and on the date at which the payment of that premium or installment falls due shall be deemed to be a breach of a condition of the right of occupancy which shall give rise to revocation of a right of occupancy.

Use land to the Permited use

the use of the land permitted by the right of occupancy which has been granted The value of the land as evidenced by sales, leases, and other dispositions of land in the market Any unexhausted improvements on the land; 

  • An assessment by a qualified valuer given in writing of the value of land in the open market.
  • Premium is 15% of land value as per the land (fees) (amendment) regulations, 2012

Payment of Land Rent

Section 33 of the Land Act 1999 requires annual rent for the rights of occupancy to be paid. The section elaborates that Land rent shall be paid in any installments and at any intervals of time during the year as the Commissioner shall determine or which is provided in the Certificate of Occupancy.

The commissioner or authorized officers are responsible to receive rent at the office of commissioner or in their respective district and urban land offices. The Act provides that determination of any rent should base on area, use and value of land as evidenced by sales, leases and other dispositions of land in the market.

Land rent shall be assessed and charged based on the rates prescribed by land rent regulation of 2012. The value of land may be arrived at, an assessment by a qualified valuer in the open market. Further, the commissioner has the power to apportion rent in respect of any land in connection with any sub-divisions, partition, and amalgamation.

Along with rent apportionment the commissioner has the power to review rent at intervals of not less than three years. Section 33 of the Land Act 1999 requires annual rent for the rights of occupancy to be paid. The section elaborates that Land rent shall be paid in any installments and at any intervals of time during the year as the Commissioner shall determine or which is provided in the Certificate of Occupancy.

The commissioner or authorized officers are responsible to receive rent at the office of commissioner or in their respective district and urban land offices. The Commissioner may grant a right of occupancy free of rent to any person or organization if the land is to  be used exclusively  for religious, worship or for burial or exclusively both for religious, worship and for burial.

The commissioner has the power to grant nominal rent for properties used exclusively for charitable purposes and review rent for reasons of poverty, infirmity or due the effects of natural disasters.

Section 33 of the Land Act 1999 requires annual rent for the rights of occupancy to be paid. The section elaborates that Land rent shall be paid in any installments and at any intervals of time during the year as the Commissioner shall determine or which is provided in the Certificate of Occupancy. The commissioner or authorized officers are responsible to receive rent at the office of commissioner or in their respective district and urban land offices.

Legal action to land occupier who fail to pay land rent

The occupiers are required to pay rent accordingly. But where rent remains unpaid for a period of six months after the date on which the same is required to be paid, interest at the rate of one per centum  per month shall be payable on the unpaid amount until payment of the amount is made, and such interest shall be collected and recoverable in the same manner as rent.

To enforce land rent collection the government has the power to take legal action against those who fail to comply with provision in section 33 which include payment of rent and penalties.

Basically the government receives land rent from 1st July to 31st December (six month) without penalties. Starting first January a penalty of one percent (1%) shall be payable on monthly basis and demand notices are issued to rent defaulters.

Appeal on application of RO

An applicant who is aggrieved by the decision of the committee at any level may appeal to district and housing tribunal. The appellate authorities shall be guided by the following principles.

  • That appeal are lodged on time and informally 
  • The appellant is afforded right to be heard 
  • That the appeal is heard and determined immediately

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