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Land Delivery Services
The main function of this section is to oversee the general land administration issues which include land development, land allocation and land disputes resolution.
Categories of Land
According to the Land Act No.4 of 1999, Land in Tanzania is grouped into three main categories namely:
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Village Land
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Reserve Land
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General Land
However, land in Tanzania can be grouped into surveyed and un-surveyed Land. In most cases surveyed land fall under General land category and is therefore administered by the Commissioner for Lands. Village land's administration fall under the jurisdiction of the Village Council while Reserved land is under the administration on Natural Resources Conservation Authorities. The distribution of these categories is as follows:
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General land 2% of the total sum
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Reserve land 28%
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Village land 80%
The land, which is therefore under the administration of the Commissioner for Land, is therefore only 2%. However, there is a possibility to convert land from one category to another.
Types of Land Tenure
There are two main types of Land Tenure that are recognized by law in Tanzania, which are:-
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Granted Right of Occupancy
- Deemed Right of Occupancy
Procedure for the Granting of Rights of Occupancy
Land can be allocated to individuals by the land allocation committees at national, district, township level only after:-
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An applicant has applied by filling land application forms
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A directive from the Ministry responsible for lands
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The District/Township/Municipal/City Executive Director in charge as a Chairman.
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Authorized Officer as Secretary
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Surveyor in charge
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Town Planner in charge
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Two councilors one of whom shall be a woman
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Any two other officers representing other sectors that the district/township/municipal/city authority deems appropriate.
At this level, the land allocation committee can allocate plots for uses including:
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Plots for central/local government offices
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Plots for residential, commercial/trade and service purposes
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Plots for hotel, heavy and light/small industries
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Plots for religious and charitable purposes
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Farms not exceeding five hundred(500)acres
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Farms exceeding five hundred (500) acres subject to the approval of the Minister.
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The Commissioner for Lands as Chairman
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One ''authorized officer '' and appointed by the Commissioner, who shall be the Secretary; but shall not vote.
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The Director of Surveys and Mapping;
- The Director of Human Settlements (DHS);
- Director responsible for gender from the Ministry of Community Development, Women and Children Affairs.
- Director of Local Government from President's Office-Regional Administration and Local Government.
- Director of Livestock from the Ministry of Livestock and Water.
- Director for Tourism from the Ministry of Natural Resources and Tourism.
- Director responsible for Investment from the President's Office -Planning Commission.
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One representative from the Ministry of Defence.
At this level, the land allocation committee can allocate plots for the following uses:
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Land for creation of new urban centers
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Plots for foreign missions
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Beach areas and small islands
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Plots for housing estates exceeding an area of five hectares
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Land for allocation to the Tanzania Investment Centre for investment purposes under the Tanzania Investment Act, 1997.
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Land for use for activities that are of national interest.
What follows after Land Allocation?
After the successful candidates have been chosen, the land allocation committee will proceed to do the following:-
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To issue a notice to successful applicants
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To issued Letters of Offer to successful candidates
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To require successful candidates to pay various fees including land rent and provide proof of such payment through government exchequer receipts to the authorized officer.
Preparing Certificate of Occupancy.
Certificate of occupancy can proceed to be prepared only after the successful candidate has been issued a Letter of Offer and all the fees dues have been paid. The procedures of Preparation of Certificate of Occupancy are as follows:-
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Deed Plans will be prepared
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Certificate of occupancy document will be prepared and to be signed by the occupier witnessed by authorized persons including; A Notary Public, State Attorney, Magistrate or Land Officer
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Certificate of occupancy to be signed and sealed by the Commissioner for Lands
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Certificate of occupancy will be registered by the Registrar of Titles at the respective Zonal Office (D'Salaam, Dodoma, Mtwara, Mwanza, Moshi and Mbeya) depending on the location of the plot.
Revocation of rights of Occupancy.
Apart from granting rights of occupancy to individuals, the President may revoke a Right of Occupancy for good cause or in the Public interest where he is satisfied that:
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There has been an attempted disposition of a right of occupancy of a right of occupancy to a non-citizen contrary to the New Land Act, No.4 of 1999 and any other law-governing disposition of a right of occupancy to a non-citizen.The land subject of right of occupancy has been abandoned for not less than two years.
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Where the right of occupancy is of land of an area of not less than five hundred hectares and less than eighty per centum of that area of land has been unused for the purpose for which the right of occupancy was granted for not less than five years.
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There has been a disposition, which does not comply with the provision of the New Land Act, No.4 of 1999.
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Breach of condition contained or implied in the certificate of occupancy.
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The land is required for public use