Certificate of occupancy: What landowners need to know

DAR ES SALAAM: FOR holders of a Certificate of Right of Occupancy, the right to use and occupy land comes with conditions, including, in many cases, a requirement to develop the land within a specified period.

This is one of the important aspects of land ownership that prospective buyers and existing landholders need to understand before acquiring or holding a plot.

A Certificate of Right of Occupancy is a legal document granting a person the right to occupy and use a specified piece of land, subject to conditions set out in the grant and applicable laws.

The conditions may include payment of land rent, developing the property within a prescribed period, using the land for its approved purpose and complying with planning and building requirements.

Deputy Minister for Lands, Housing and Human Settlements Development, Mr Kaspar Mmuya, recently reminded Tanzanians that land rights come with both rights and responsibilities.

“Fellow Tanzanians, I want you to understand one thing. Land must be used and developed in accordance with the conditions imposed,” he said.

Mr Mmuya said the Land Act, Cap 113, requires a person granted a right of occupancy to develop the land within three years from the date the right was granted, unless a different period is specified under the conditions of the grant.

For many Tanzanians, purchasing a plot is often the first major step towards owning a home or securing an asset. However, the high cost of construction means that some may take several years before they can afford to develop their properties.

Dar es Salaam resident, Mr Rodgers Luhwago, said many people might not be aware that their land rights could carry development conditions.

“It is important to sensitise people about this law. Many people have plots that have remained undeveloped for years. ” he said.

Mr Luhwago questioned what happens to people who have enough money to purchase land but cannot raise sufficient funds to develop it within the prescribed period.

“We are witnessing affluent individuals, including politicians, hoarding huge chunks of land in urban areas and leaving them undeveloped, turning them into hideouts for criminals. The question is: Are they also unaware of the law?” Mr Luhwago asked.

Dodoma resident, Ms Annamery Hezron, said some people buy plots intending to develop them gradually or sell them later, without fully understanding the obligations attached to their rights of occupancy.

“Some of us have to save money to buy a plot of land and then start saving again to build a house. Given how expensive construction is, it can take a long time,” she said.

However, Dar es Salaam Regional Land Officer, Ms Zamzam Hussein Seif, clarified that expiry of the development period does not mean an undeveloped plot is automatically taken away.

In an interview with the SUNDAY NEWS, Ms Seif explained that the development condition forms part of the obligations contained in a Certificate of Right of Occupancy.

She said landholders should therefore read their certificates carefully because the specific conditions attached to a right may vary depending on the land and its approved use.

“The government first considers the circumstances of each case and provides the landholder with an opportunity to explain any genuine challenges that may have delayed development,” she said.

According to Ms Seif, the purpose of the development requirement is not to punish landowners, but to ensure that land is used productively, discourage speculation and prevent valuable land from remaining underutilised.

Where a plot appears to have remained undeveloped, she said, authorities first conduct verification through inspections and examination of records to establish whether the conditions of the right of occupancy have been breached.

If non-compliance is established, the landholder is informed of the breach and given an opportunity to explain the circumstances or take corrective measures.

Where necessary, the Commissioner for Lands may initiate the statutory process by issuing the prescribed notice, giving the landholder an opportunity to comply, remedy the breach or explain why further action should not be taken.

Ms Seif also clarified that development must correspond with the purpose for which the land was allocated.

A residential plot, for example, is expected to be developed for residential purposes, while commercial and industrial plots should be used for their approved purposes. Simply using a residential plot for another activity would not necessarily satisfy the development condition, she said, stressing that individual circumstances and the conditions of the particular right must be considered.