Overview
The fundamental principles of the new national land Policy have been incorporated in the new land Laws [land law no. 4 and Village Act no. 5 passed by the Parliament in 199]. The new laws among other important aspects of land ownership recognize that all land in Tanzania is Public land vested in the President as Trustee on behalf of all citizens.
Categories
For the purposes of land management, land is classified as General land, Village lands, and Reserved land. The President as the trustee is the only mandated for transferring of the land from one category to another. Investors can obtain land from General land or from Village land. Land ownership is by means of obtaining Right of Occupancy for citizens and for non citizen investors may occupy land for investment purpose through a government Granted Right of Occupancy, through Derivative Right granted by Tanzania Investment Centre or sub lease through a Granted Right of Occupancy. Right of occupancy and Derivative Right may be granted up to 99 years and are renewable.
- Reserved land : Reserved land are National Parks, Forestry reserves, and wildlife conservation areas, altogether they constitute 28% of all land area.
- Village land: Villages fall under the jurisdiction of existing registered 10832 villages in the country, which constitute nearly 70% of all land.
- General Land: This is all land under granted titles which is under the jurisdiction of the Commissioner of land.
How to apply for Village Land
- The applicant/investor applies for land through Tanzania Investment Centre (TIC), stating the location of the land (if any) and the nature of the project to be undertaken - e.g. Agriculture, agro-forestry, animal husbandry, housing estate, etc
- TIC introduces the investor to the respective local authority in which the land situates.
- The Village Council and Village Assembly are convened to discuss the matter and submit the minutes arising thereof to the respective district authority.
- Preparation of village land use plan, survey of the land, valuation of landed properties, payment of compensation (if any) to third parties and conducting Environmental Impact Assessment (where necessary).
- The District Authority approves the village deliberations and forwards to the Ministry of Lands.
- The Minister for Lands submits the whole casework to the President for final approval.
- After the President’s approval, the Village Land Form No. 8 is prepared and gazetted stating that after 90 days, the said land will be transferred from Village Land to General Land. Thereafter if no objection is raised, such land will be transferred to General Land.
- The Assistance Commissioner for Lands (Zone) prepares Land Form No. 1 for gazzetment, and copies served upon CEO-Tanzania Investment Centre and respective Authorized Land Officer for signatures.
- The Land Form No. 1 is gazzetted through Government Notice (G.N.).
- The National Land Allocation Committee is convened to discuss and approve the allocation of land to successful investor(s). Generally this Committee meets whenever there is land to allocate.
- The respective Assistant Commissioner for Lands issues payment invoice, so that Certificate of Occupancy will be prepare.
- The investor on behalf of TIC pays the total cost of preparing the Certificate of Occupancy. Additionally, the investor will be required to pay to TIC 10% of the total cost as facilitation fees.
- The Ministry of Lands prepares and issues to TIC Acknowledge of Payments Form for TIC CEO’s signature. After signature the Form is returned back to the Assistant Commissioner for Lands.
- The Assistant Commissioner for Lands prepares a draft of Certificate of Right of Occupancy in the name of TIC and submits to TIC for signature.
- The Assistant Commissioner for Lands signs in the Certificate of Occupancy and thereafter submits to the Registrar/Assistant Registrar of Titles for Registration.
- Upon registration of the Certificate of Occupancy, the Title will be issued to TIC.
- TIC prepares Derivative Right and Application for Leasehold Title, and both parties (TIC and the investor) put their hands therein.
- TIC submits the Derivative Right and Application for Leasehold Title, to the Registrar/Assistant Registrar of Titles for Registration.
- TIC collects the dully registered Derivative Right and Leasehold Title from the Registrar/Assistant Registrar of Titles. One copy is issued to the investor.
How to apply for General Land
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- The land for investment purposes should be identified & designated.
- The Assistance Commissioner for Lands (Zone) prepares Land Form No. 1 for gazzetment, and copies served upon CEO-Tanzania Investment Centre and Authorized Land Officer for signatures.
- The Land Form No. 1 is gazzetted by the Assistant Commissioner for Lands through Government Notice (G.N.).
- The National Land Allocation Committee is convened to discuss and approve the allocation of land to successful investor(s). Generally this Committee meets whenever there is land to allocate.
- The Assistant Commissioner for Lands issues payment invoice, so that Certificate of Occupancy will be prepared.
- The investor on behalf of TIC pays the total cost of preparing the Certificate of Occupancy. Additionally, the investor will be required to pay to TIC 10% of the total cost as facilitation fees.
- The Ministry of Lands prepares and issues to TIC Acknowledge of Payments Form for TIC CEO’s signature. After signature the Form is returned back to the Assistant Commissioner for Lands.
- The Assistant Commissioner for Lands prepares a draft of Certificate of Right of Occupancy in the name of TIC and submits to TIC for signature.
- The Assistant Commissioner for Lands signs in the Certificate of Occupancy and thereafter submits to the Registrar/Assistant Registrar of Titles for Registration.
- Upon registration of the Certificate of Occupancy, the Title will be issued to TIC.
- TIC prepares Derivative Right and Application for Leasehold Title, and both parties (TIC and the investor) put their hands therein.
- TIC submits the Derivative Right and Application for Leasehold Title, to the Registrar/Assistant Registrar of Titles for Registration.
- TIC collects the dully registered Derivative Right and Leasehold Title from the Registrar/Assistant Registrar of Titles. One copy is issued to the investor.