The regulatory framework, unplanned development and urban poverty: Findings from Dar es Salaam, Tanzania

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Land Use Policy 23 (2006) 460–472 www.elsevier.com/locate/landusepol

The regulatory framework, unplanned development and urban poverty: Findings from Dar es Salaam, Tanzania J.M. Lusugga Kironde University College of Lands and Architectural Studies, P.O. Box 35176, Dar es Salaam, Tanzania Received 7 February 2005; received in revised form 20 July 2005; accepted 22 July 2005

Abstract The regulatory framework adopted in many urban areas of the developing countries has been blamed for aiming at unrealistically high standards and for being bureaucratic, thus putting legal land and shelter out of reach of poor households. The latter end up living in unplanned settlements, which develop irregularly, sometimes on marginal land, lacking basic infrastructure. Poverty is therefore perpetuated. This paper evaluates planning standards and administrative procedures as applied to a specific scheme at the outskirts of the city of Dar es Salaam, Tanzania. It is shown that the high standards for plot sizes and road reserves resulted into the production of only 3900 instead of 15,000 plots over the same area, had more realistic standards been adopted. The unit cost per plot would have been a quarter of what it came to be. Centralised and bureaucratic set-ups and procedures resulted into unnecessarily long periods before planning schemes could be implemented; or land, certificates of title or building permits made available to would-be developers. Many develop the land without these permits or titles. Land was much easier to get in unplanned areas but converting it to legality was virtually impossible. The policy framework supports the revision of planning standards; the incorporation of communities and the private sector in land delivery; and the decentralisation and streamlining of procedures. In practice, officials aim at high standards, centralised and lengthy administrative procedures, and direct public sector involvement in land delivery. Evidence is provided of the deleterious effects of the continued hesitation to address the regulatory framework whose revision downwards would result into more legal land being available, faster and at a lower cost; thus reaching more of the low income households, reducing unplanned development and making a positive impact on dealing with urban poverty. r 2005 Elsevier Ltd. All rights reserved. Keywords: Planning standards; Procedures; Regulations; Unplanned development; Urbanisation; Poverty; Tanzania

Introduction The rapid rate of urbanisation in developing countries has been the subject of numerous papers, books, workshops, seminars, reports, and development policies. It is noted that the rate of urbanisation is high, but public authorities have generally failed to provide this rapidly urbanising population with the necessary services and infrastructure, including planned land, for orderly development (UNCHS, 1996; UN-Habitat, 2001).

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In terms of shelter, it has been observed that the poor among the urbanites, who in some urban areas form the majority of the population, have ended up occupying and building on unplanned land, leading to the fast development of informal settlements, almost all of which lack basic service infrastructure such as roads and drains. Sanitation is poor. Solid waste management is ad hoc. There is overcrowding of people, structures and economic and social activities. Development is irregular. Landowners have no certificates of title, and sometimes the land that is occupied is hazardous. The UN has elected to call such areas ‘‘slums’’. These are increasing in the cities of the developing countries in tandem with rapid urbanisation and growing urban poverty (UN-Habitat, 2003).

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Lack of resources has been blamed for the failure of the public authorities to provide sufficient planned and serviced land, at the right locations, and at affordable prices to enable orderly urban development. Increasingly as well, it is getting realised that the regulatory framework related to the delivery of planned land puts in place an institutional set up, as well as administrative procedures, standards and regulations that make planned land unaffordable for low-income households (Payne, 2005). This leads to the continued growth of unplanned settlements and urban poverty. Although there are many variables that affect the cost of access to shelter, this paper is restricted to the regulatory framework related to access to, and planning of land. It therefore excludes buildings and building regulations for example, which have been addressed recently (Yahya et al., 2001). The regulatory framework is conceived as proposed by Payne and Majale (2004) under three major categories i.e., administrative procedures, including the institutional set up, planning standards, and planning regulations. This paper focuses on the provision of new land for urban development. It does not deal with upgrading of existing unplanned settlements. Administrative procedures set out the path and the institutions through which the public authorities and the citizens have to go, to achieve their aim of providing, or acquiring land, so that at the end, land occupiers are recognised as legal owners and developers of that land. Planning standards stipulate how the settlement should look like in terms of ‘‘quality’’. They include plot minimum sizes, minimum frontages and minimum depths, and road widths, and provisions for public and social and economic uses. Planning regulations are rules that allow or disallow activities on the plot or in an area; or prescribe the way the plot can be developed or used. They include land use/ zoning controls, plot-use restrictions, and building setbacks. This paper is based on research findings from the city of Dar es Salaam. The research was carried out as part of a six-country study into the effects of the regulatory frameworks on access to legal shelter by poor households (Payne and Majale, 2004). The reason for this study was to analyse the costs of adhering to the existing regulatory framework and to advise on possible ways and means of revising it, in order to get more of the low-income households onto legal land. Besides contributing to the alleviation of urban poverty, easier access to legal land can contribute to the Millennium Development Goal Number 7 Target 11, which is aimed at the creation of cities without slums (UN-Habitat, 2003). It is also a contribution to the ongoing reform in Tanzania involving decentralisation, privatisation, community participation and good governance. The emphasis of this paper is on administrative procedures and planning standards related to residential land, although it is realised that planning regulations also

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impinge negatively on the availability of legal land for shelter (Payne, 2005; Dowall, 2003). The concern with the inappropriateness of the regulatory framework has been expressed since the 1980s. Okpala (1987) blames the administrators of land delivery programmes for perpetuating concepts and standards received from the colonial era, although these are increasingly inappropriate to the situation to which they are being applied. Awotona (1988) points out that official housing standards adopted in African cities are largely elitist, unrelated to social and economic realities, imitative of European or North American standards, indifferent to local experience and irrelevant to local culture. They also lack reference to the local economy and are virtually impossible to enforce. Farvacque and McAuslan (1991) criticise the existing administrative procedures, standards and administrative set-ups in developing countries for both their rigidity and the high costs that they impose on the would-be landowner or developer. Most regulations are based on outdated and inappropriate legislation or urban planning codes that are reminiscent of colonial times; the preparation and enforcement of spatial plans are often based on obsolete planning ordinances that place all planning powers and responsibilities with the central government; the ministerial location of the urban planning function has been shifting from ministry to ministry; and traditional planning often sets forth development goals, which have no bearing on their cost implications. Conversely, budget exercises frequently have little to do with the spatial implications of investment decisions; land delivery is implemented through tedious and centralised approval processes and procedures and many public laws relating to land are too complicated, are in a language which most people do not understand, and are usually not readily available. The regulatory framework has therefore been seen as being too bureaucratic, unrealistic, and unnecessarily increasing the cost of access to legal shelter especially for poor households, and fostering a climate for corruption. Payne (2000) has argued strongly that a revision of the regulatory framework can lower the bottom rung of the legal ladder and therefore allow low-income households to get on board. This view is further supported in Payne and Majale (2004), on the basis of studies carried out in six developing countries. The studies considered the regulatory frameworks related both to land for new development and to existing unplanned developments and found them inappropriate. Dowall (2003, pp. 7–14), citing cases from Asia and Latin America, criticises excessive land use and development controls, which in the end, drive up the cost of shelter and reduce affordability. He cites three broad areas where regulations over land use and development adversely affect land and housing markets: land supply constraints, excessive plot-size standards and sub-division design and procedural delays and red tape.

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Perhaps the most celebrated critic of the regulatory frameworks has been de Soto (1989) who noted that it took 159 bureaucratic steps, and on average 20 years, to legalise informal settlements in Lima. Payne (2005, pp. 137–138) chides procedural constraints and high planning standards, which are often based on inherited or imported norms rather than local needs and realities. He cites the official minimum plot size in many countries as being significantly higher than the size of plots regularly occupied in informal settlements and requires a higher land price than many households can afford. He further notes that official standards related to road reservations are often more demanding of land area than in the capital cities of Europe where car ownership levels are dramatically higher than in sub-urban areas of developing countries. Such land areas are expensive in terms of capital or opportunity costs. They also impose high maintenance burdens on local authorities, which many are unable to meet. The regulatory framework affects the poor in at least two ways. One, they are left out of planned land. They therefore end up in unplanned, unserviced areas where poverty is perpetuated. Two, the expansive town-planning practice displaces poor households especially those practicing urban agriculture. As Shivji (1998, pp. 31) notes, town-planning has been the process of displacing and dispossessing indigenous customary landowners. The continued resistance to change, despite the overwhelming evidence of the deleterious effects of the regulatory frameworks is perhaps a result of what McAuslan (1989, pp. 30) observes: that planning itself is all too often based on the needs of the political elite rather than those of the majority. The context Getting planned land in many urban areas in Tanzania is a major problem. One indicator of this is the large gap between the applications for planned plots, and the number of these that are surveyed and allocated. While between 1990 and 2001, the various Dar es Salaam authorities received 243,473 applications, only 8209 lots were surveyed and allocated (Kironde, 2004, pp. 10). The picture of high demand and low supply is also reflected at the national level. While the annual registered demand for formal land is 150,000 plots, the supply has been an average of 8000 surveyed plots annually for the 10 years 1991–2001 (Tanzania, 2001), indicating an annual shortfall of about 95 percent. This has led to most households, in both high and low income categories, getting land from the informal sector and building in unplanned areas. The population of Dar es Salaam was 1,360,000 in 1988 and 2,497,940 in 2002, indicating an annual growth rate of 4.3 percent since 1988 (Tanzania, 2003, p. 73). If this growth rate is maintained, the population will be 3,498,295 people in 2010, representing an additional 1,000,355 people. At an average household size of 4.3, this means an extra 232,640 households over the period, or around

29,080 new households per annum to 2010. If at least 50 percent of the households will require new land for construction for owner occupation or renting out, the demand for new plots will be 14,540 annually to meet new requirements. On the other hand, the supply of planned land has been around 684 plots a year for the 12 years to 2002. If this level of supply persists, it will meet around 4.7 percent of the demand, with the balance having to be taken care of by the informal land delivery sector. On the assumption that much of the unmet demand submitted to the authorities gets accommodated in the informal land delivery sector, then between 18,000 and 19,000 plots are supplied by this sector annually in Dar es Salaam. The supply may be higher since there is evidence that many land seekers do not register with public authorities. The approach by the authorities to deal with this situation has generally been based on what can be summarised as ‘‘acquisition–clearance–planning–allocation’’. Existing landowners get cleared from their land usually through the unpopular compulsory acquisition. The area is then planned, surveyed and allocated to new owners. This approach is lengthy and is constrained by lack of funds to pay compensation. (Tanzania, 2001). The approach is executed by the public sector completely sidelining the potential of the private sector and communities to contribute to the delivery of planned land. Those who lose their land are usually put in a precarious situation and many end up in poverty. A major sites and services and squatter upgrading project was undertaken in Dar es Salaam in the 1970s/ 1980s with financing from the World Bank. Although the idea was that the project should be replicated, this was not to be, mainly because of mismanagement and the failure of cost recovery (Mghweno, 1984). In 2002, the Ministry of Lands embarked on a major planned land supply in Dar es Salaam, based on strict cost recovery. By June 2004, 27,460 plots had been planned and surveyed, and 18,105 had been taken up and paid for by plot seekers. The project has been hailed as a major success and is being replicated in the city of Mwanza. Nevertheless, among other things, the project is based on the traditional acquisition–clearance–planning–allocation approach. It is also based on high planning standards. As a result, poor households have generally failed to afford the cost of these plots. Some have been displaced from the land that they previously owned under informal or customary tenure. The Project has created pockets of planned areas over the mosaic of Dar es Salaam, leaving the rest of the City continuing to develop in an unplanned manner. The arguments advanced in this paper remain valid despite the 20,000-plots project. One indicator of the limited success of delivering planned land in the traditional approach is the continued development of unplanned areas. Official bulletins state that 70 percent of the residents in Dar es Salaam live in unplanned areas. This figure was calculated in the late 1970s and is

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outdated. Recent calculations based on property tax databases which include properties in both planned and unplanned areas suggest that over 80 percent of all buildings in the city of Dar es Salaam are situated in unplanned areas. Given the higher house occupancy rates in unplanned areas, the proportion on the City’s population living in unplanned areas is likely to be higher than 80 percent.

Table 2 Land ownership among urban households by percentage

Urban poverty

Source: Tanzania, 2002a, p. 45, Table 11.

Although poverty in Tanzania is very serious in rural areas, urban poverty has been increasing. Moreover, there are specific problems related to urban poverty and vulnerability, many stemming from the need to have cash income to purchase food, travel or get accommodated. The results of the Integrated Labour Force Survey 2000/2001 indicates that unemployment in urban areas increased during the nineties, from 22 percent in 1990/1991 to 26 percent in Dar es Salaam and from 6 to 10 percent in other urban areas (Tanzania, 2002a, p. 14). This together with the high rate of migration to urban areas has led to the rapid increase of the informal sector. Poor people have limited access to land and housing in urban areas, thus ending up living in unplanned, marginal and risky areas. A recent study found that more than 60,000 people were living in 5700 houses located in valleys liable to flooding in Dar es Salaam (Tanzania, 2002a, p. 44). The 2000/2001 Household Budget Survey (HBS) shows a high and increasing level of overcrowding (i.e. occupancy of more than two persons per room) in rooms for urban dwellers (Table 1). The HBS moreover shows that land ownership in urban areas is limited to a small proportion of urban dwellers due to both high land prices and low access. The number of urban dwellers who do not own land has increased dramatically (Table 2). This is in line with earlier research which established that the majority of the poor wanted to own land in Dar es Salaam but only a few did; and that it was increasingly becoming difficult for the poor to own land, because of the high land prices and difficult procedures to access it Table 1 Households in single sleeping rooms 1991/1992

2000/2001

Area

Percentage

Average household size

Percentage

Average household size

Dar es Salaam Other urban areas

38.5

4.8

54.5

4.3

38.1

4.9

40.0

4.5

Source: Tanzania, 2002b, pp. 9, 145; Tables: 2.1 and B3.1.

Area

Dar es Salaam Nine municipalities Other urban areas

Percentage of households who do not own land 1991/1992

2000/2001

71.0 43.4 20.9

98.6 96.5 95.5

(Kironde, 1995). There is thus correlation between access to land and urban poverty. Land tenure and land use options for urban Tanzania The land tenure systems available to urban residents can be divided into two broad groups: Formal and non-formal land. Formal land is planned and is characterised by having a granted right of occupancy, allocated by public authorities using specific instruments and having a specified tenure duration and land use and development conditions. Non-formal land includes informal land (i.e. land with vague tenurial status), customary land (that is land occupied in accordance with customary laws of a community), and quasi-customary tenure (that is land formerly under customary tenure, but where current interactions in that land no longer involve customary laws) (Kombe, 1995; Lupala, 2002). Non-formal land is usually used in an unplanned manner and this may be a result of the failure to institute land use plans in areas declared to be planning areas, or the extension outwards of urban boundaries to incorporate areas that are already growing without urban land use plans. Its acquisition is through unsanctioned occupation, allocation by local leaders, inheritance, and purchase from those who purport to own the land. A good number of the latter are poor landowners who decide to sub-divide and sell their land to get money for other purposes. Authentication of tenure is through sale agreements where relevant, but in most cases security of tenure is derived from effective occupation and use of the land; social recognition, and political tolerance. The reference to unplanned areas as squatter areas is inappropriate, since most landowners in these areas are not illegal occupants of the land although they may have developed it without following the requirements of the law. The number of unplanned settlements in Dar es Salaam has increased from 40 in 1990 to over 100 currently (CIUP, 2002), reflecting the failure of the officials system to enforce land use regulations as well as the confidence that land occupiers have against eviction. The National Human Settlements Policy recognises that removing unplanned settlements is not a viable option (Tanzania, 2000a, p. 26), and the government policy is of a future upgrading. The Land Act (Tanzania, 1999a), reflecting the provisions of

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the National Land Policy (Tanzania, 1995), has provisions to validate much of the urban land acquired otherwise than through the grant of a right of occupancy by turning such owners into licensees (s. 23). The Ministry of Lands has now embarked on a major exercise of giving residential licensees to land owners in unplanned areas in Dar es Salaam partly in pursuance of the government’s policy of addressing urban poverty (Tanzania, 2005). Institutional set up Tanzania has a two-tier system of government, that is, the central government and local governments. Local governments are either urban (city, municipal or town councils), or rural (district councils). Village councils are local authorities within district councils and in some urban authorities, township authorities can be established within district authorities. The regulatory framework is conceived and implemented mainly at central government level, particularly the Ministry of Lands and Human Settlements Development. Local authorities can initiate their own land use schemes but powers of approval lie with the central government or with authorised officers within these authorities but who are answerable to the central government. Other central government agencies such as those providing water, electricity and road infrastructure operate independently within areas of the jurisdiction of local governments. Approach to the study In order to evaluate the implementation of the regulatory framework, the first step was to identify the existing laws, regulations and procedures related to delivering planned land. Secondly, an area was selected in the city of Dar es Salaam where a fully fledged scheme for the provision of legal land had been implemented in not too distant a past. A near-by unplanned area was also selected and the operation of the regulatory framework in the two areas was studied and results compared. Data was derived from official documents, interviews with officials, landowners or occupiers and local leaders in the area; and from participant observation. Planning regulations The colonial Town and Country Planning Ordinance of 1956 (TCPO) (Tanganyika, 1956), as amended in 1961, is currently the principal legislation in Tanzania governing land use planning.1 The Ordinance gives powers to the Minister responsible for Town Planning to declare an area to be a planning area (s. 13). Once this is done, a land use schedule (planning scheme) must be prepared for the area in question usually within three years of the declaration 1 The Ministry of Lands and Human Settlements Development is currently reviewing the Ordinance.

(s. 14; s. 24). The Minister is responsible for the preparation of the development scheme for a planning area. He may delegate his powers to an Area Planning Committee although approval of any planning scheme lies with the Minister (s. 18). No development is allowed in a planning area without planning consent given by the area planning committee (s. 35). The latter is also responsible for the controlling of development in a planning area. The Town and Country Planning (Use Classes) Regulations of 1960 (Tanganyika, 1960), as amended in 1993 classify the various uses allowed in planned areas. When a land seeker is given a letter of offer for a right of occupancy, permissible uses are stated. There are 22 Use Groups (Groups A–W), and under each group, there are several use classes. Use Group ‘‘A’’ is the most relevant for this study. When an applicant is offered a right of occupancy, there is usually a restriction that land will be used for residential purposes, Use Group ‘‘A’’, Use Classes (a) and (c). These, reflecting colonial reality, allow only one dwelling house with the usual outbuilding. Sub-division or assignment of land is not allowed without the permission of the Commissioner of Lands. The Township Rules prevent the putting up of a building to use classes other than those allowed (s. 46). Planning standards Standards for planning schemes are provided for under the Town and Country Planning (Space Standards) Regulations of 1997 (Tanzania, 1997). These include sizes for residential plots, building lines and set backs, plot coverage and plot ratios, health and educational facilities, golf courses, passive and active recreation, public facilities by planning levels, public facilities by population size, parking and road width, and agricultural show grounds (Kironde, 2004). Two categories of standards i.e. space standards for residential areas, and standards for carriageways and rights of way are considered to be a great constraint to the supply of planned land. Standards for residential areas specify the sizes of plots in a planning area. There is a tradition in Tanzania of dividing residential areas into high, medium and lowdensity areas. In colonial days, this was meant to roughly provide separate areas for native (African), Indian and European residential areas respectively. In modern times, there is a tendency to relate high, medium and low-density areas to low, medium and high-income areas, respectively. The space standards applicable to residential areas in Tanzania have evolved from directives, circulars, and recommendations made by various officials and in various reports, going as far back as the colonial Township Ordinance 1920 (Tanganyika, 1920). The master plans prepared for various urban areas, starting with the one for Dar es Salaam in 1949 (Tanganyika, 1949), made recommendations for space standards. In both the 1968 and 1979 Master plans (Tanzania, 1968, 1979), space standards are given as a minimum plot size of 450 m2 and a

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maximum of 1600 m2, with an intermediate size of 800 m2. Clearly, this is a colonial legacy since colonial administrators were used to enjoy a spacious life style with detached houses usually in one-acre plots. It may be noted that all these master plans were prepared by foreign consultants. During the 1970s and 1980s, the World Bank supported sites and services schemes adopting smaller plot sizes with a minimum size of 288 m2, an intermediary size of 500 m2 and a large size of 750 m2 (Mghweno, 1984). The argument was that the existing sizes were too large, and that there was need to lower the unit cost of infrastructure and to allow more of the earmarked low income households to afford the price of the plots which was based on the principle of cost recovery. In 1997, the existing information on plot sizes was collected, analysed and deliberated and official space standards regulations were passed by Parliament. These provided for a minimum plot size of 400 m2, an intermediate size of 800 m2, and a large size of 1600 m2 and above (Table 3). The arguments for larger plots were that there was adequate land and therefore no need to cram people together; that small plots would sooner than later lead to slums; that there was need to accommodate on-site sanitation, particularly pit latrines and septic tanks; and that there was need to accommodate urban agriculture. These arguments are reviewed later. Land for access is usually provided for in planning schemes. Standards are specified for various categories of carriageways and rights of way. The prevailing standards are as shown in Table 4. Roads consume between 20 and 30 percent of the land in a typical planning scheme. A general observation is that the space standards provide for fairly large land pieces for the various requirements. This means that the number of residential plots that can be realised from a given planning scheme are low, thus contributing little to easing the shortage of planned land. Large land plots are also expensive to service. They also contribute to urban sprawl.

Table 4 Standards for carriageways and rights of way

Administrative procedures

Land acquisition and compensation

The TCPO sets out the procedures for preparing a general, and thereafter, a detailed planning scheme (s. 21–34), after which land can then be surveyed (as

The practice in Tanzania is that once land has been identified as suitable for a planning scheme, a system of land acquisition and compensation is implemented. This is in order that the existing interests on the land can be cleared. Powers of land acquisition lie with the President. Relevant legislation include the Land Acquisition Act (s. 3) (Tanzania, 1967), and the TCPO (s. 45). Under the Land Acquisition Act compensation is not payable for vacant land. Compensation for inadequately developed land is limited to unexhausted improvements on that land (s. 12). Section 14 of the Land Acquisition Act and section 40 of the TCPO provide the basis for assessing compensation to be the value of land plus developments on it. In practise, contrary to the legal provisions, the value of

Table 3 Space standards for residential areas under the 1997 regulations Type of residential area

Plot sizes, sites & service schemes 1970s (m2)

Plot sizes 1997 regulations (m2)

High density Medium density Low density

288–400 500–800 Over 750

400–800 801–1600 1601–4000

Source: Tanzania, 1997.

Type of road

Right of way (ROW) (m)

Carriageway (CW) (m)

Trunk road Primary distributors District distributors Local distributors Access roads (shopping areas) Access roads (industrial areas) Access roads (residential areas) Local distributors (residential areas) Rural roads Pedestrian access

60.0–70.0 30.0–40.0 20.0–30.0 15.0–20.0 20.0 18.0–20.0 10.0–20.0 10.0–20.0

12.0–15.0 7.0–10.0 7.0–10.0 5.0–7.5 10.0 7.0–10.0 5.0–7.0 6.0

15.0–20.0 10.0

4.5–7.5 2.0

Source: Tanzania, 1997.

stipulated under the Land Survey Ordinance (Tanganyika, 1957)) and made available to land seekers. This procedure is very long. Besides, the law gives most powers to the Minister though the time in which the Minister is obliged to take action is not specified. Even at the most optimistic implementation speed, some 2 years are bound to elapse before a general planning scheme is approved and another 2 years before a detailed planning scheme is approved. In practice, moreover, the requirement to deposit planning schemes for public inspection (s. 29) is rarely met. Also, the provisions empowering the occupiers of land to submit their own scheme for consideration (s. 24) are rarely utilised. The various steps that authorities go through to provide legal land are shown in Table 5. Thus seven or more years can elapse between the identification of an area for implementing a planning scheme to the time letters of offer are issued. Each of the steps shown in Table 5 has its own internal sub-steps that are not shown here. Land surveying for example must go through 17 steps, which can take anything from a few months to several years (Silayo, 2002).

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land has always been ignored on the argument that bare land should not be compensated for. Compensation has in the past been paltry especially in the case of agricultural and peri-urban land. Lack of funds to pay compensation and the general unpopularity of compulsory land acquisition have frustrated many a planning scheme. The Land Act (s. 3g) has improved the basis of compensation to include: market value of real property to be acquired, loss of accommodation, loss of profit, disturbance allowance, transport allowance, and the cost of acquiring new land. A Land Compensation Fund is set up under the Land Act (s. 173), to ensure prompt payment of compensation. This fund is yet to be established. Considering that in the

Table 5 Typical steps in making legal land available Step

Action

Typical duration

1. 2. 3. 4. 5 6. 7. 8. 9. 10. 11. 12. 13.

Identification of a suitable area Notification of property owners Declaration of area to be planning area Valuation of existing interests Effecting payment off compensation Preparation of town planning scheme Approval of town planning scheme, UPC Approval of town planning scheme, Ministry Land surveying Approval of survey Letters of Offera Acceptance Issuing of Certificate of Title

6 months 1 year 1 year 1–2 years 1–2 years 6 months 6 months 1–2 years 1–9 years 1–6 months 1 month 1–many years

Source: Ministry of Lands, Dar es Salaam city council, Dar es Salaam municipalities. a Entry point into legality.

past it has been difficult to muster sufficient funds to pay compensation, it is plausible to predict that the government will find it even harder to pay the higher compensation bills envisaged under the Land Act, with deleterious consequences for the availability of planned land.

Access to land by households Allocation of government land starts with a letter of offer in which the terms and conditions under which land is being allocated are spelt out. If these are accepted a certificate of title is issued, on paper at least, within 1 month of the acceptance of the offer. In practice this can take years and is dependent on a different system of preparing a deed plan from a survey scheme approved by the Director of Surveys and Mapping. Certificates of title are given by the Ministry of Lands, although letters of offer can be given by local authorities. Once land has been made available for allocation, access to it is through a number of steps, as shown in Table 6. Thus over three and half years can be expected to elapse between the availability of land for allocation and the issuance of a certificate of title. Reasons for the delay can include inability to prepare deed plans, lack of stationery, queries related to procedures of allocation, history of the plot, and conflicts (such as those related to compensation). In practice, many years elapse between allocation and getting a certificate of title. As a result, many landowners of planned land have no certificates of title. A study of the Sinza area which was planned and surveyed as part of the sites and services programmes of the 1970s, found that of the 3695 plots in the area, only 166 (4.5 percent) have certificates of title (Chikoko, 2002).

Table 6 Typical steps followed when land for allocation is available in urban areas Step

Action

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

Fill in application forms Submit application Forms to an urban authority Documentation by the urban authority Consideration of applications by the Land Allocation Committee Advertising of successful applicants Submission of 4 passport size photographs Letter of offer issued Acceptance of offer Payment for offer and submission of receipts to Land Office Advice of payment prepared for Ministry of Lands Deed Plan prepared and approved Draft Certificate of Title prepared in duplicate Signatures of owner affixed to draft certificates Submission of draft certificate to Commissioner for Lands Commissioner signs and seals the draft certificate Submission of certificates to Registrar of Titles Certificate of Title registered Notification of owner to collect certificate

Source: Ministry of Lands, Dar es Salaam city council, Dar es Salaam municipalities.

Typical duration

3 months 1 month 1 month 1 month 1 month 3 months 2 years 3 months 1 month 1 year 6 months 1 month

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Building plans and building permits Under the Township Rules (Tanganyika, 1930), putting up a building in a planned area is not allowed without the permit of a planning authority (s. 4). Under the terms of granting a right of occupancy, building plans must be submitted in a prescribed form to the planning authority within 6 months of the commencement of the right. The planned building must be completed within 36 months from the commencement of the right. Construction must begin 6 months after the approval of plans. While it may take more than 6 months to approve the plans, the builder is required to complete the building in 36 months of the commencement of the right, not of the approval of plans. In practice, the procedure to get a building permit is bureaucratic and it is normal for a year to elapse before a prospective builder secures one. As a result, most builders proceed to do so without getting the statutory building permit. Impediments to change More than 40 years after Independence, it may not be appropriate to blame the colonial legacy for the bureaucratic procedures, centralised set-ups and the high standards aimed at. Numerous opportunities to change the system have presented themselves. Inefficiency and poor management may be to blame. Fear of change and the need to preserve powers may be the other reasons hindering improvement of the system (Kironde, 2004, pp. 51–56). Background to Kinyerezi Having offered an overview of the regulatory framework in Tanzania, focus is now shifted to the case study area of Kinyerezi Ward. Kinyerezi ward is on the western side of the Dar es Salaam city, about 20 km from the city centre within the Ilala Municipality (Fig. 1). The physical area of the Ward is around 2000 ha. The area was earmarked as major open space in the 1979 City Master Plan. However, the Ministry of Lands changed this to residential uses due to the fact that it was getting densely populated and the same area was used for the resettlement of population in the 1975 and 1984 Villagisation Programmes and Operation Nguvu Kazi,

500000

550000

Bagamoyo

INDIAN OCEAN

N

District

Scale 1:500,000

KINONDONI 9250000

While security of tenure is not hinged so much on the holding of a certificate of title, the latter is the culmination of the officially set-up process of access to land. As Gilbert (2002, p. 6–7, 15) points, out most (poor) urban households are glad to receive title deeds. This increases their sense of security and bargaining power (e.g. in case of compulsory acquisition or eviction), especially if they are disadvantaged. Besides, the absence of legal titles may complicate the process of buying, selling or otherwise transferring property and obtaining credit, although there are costs of holding a title, such as taxation, to be reckoned with.

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Kibaha District

10

City Center Kinyerezi

Kisarawe District

0

10 Kilometers Legend Road Railway Municipal Boundary City Boundary

TEMEKE

ILALA Mkuranga District

Fig. 1. The city of Dar es Salaam: location of the study area—Kinyerezi.

respectively. According to the 2002 census, there are 5811 people divided into 1447 households in Kinyerezi. The average household size is 4.0 people (Tanzania, 2003). The research did not cover the whole of the ward but concentrated on the central area for the planned part because this was showing dynamic signs of development. An unplanned area abutting the planned area was also studied for comparative purposes. The people found in Kinyerezi are generally poor traditional landowners, and those who were being resettled there were mainly poor people from hazardous areas. However, medium to high-income households are slowly finding their way into Kinyerezi, and are especially attracted by the large plots provided in the plan for the area. Administrative procedures as applied in Kinyerezi Kinyerezi was declared a planning area in 1993 through Government Notice No. 231 of 13/8/1993. This area was earmarked for the provision of plots for people being replaced from areas prone to flooding, for people who were being replaced from the route of a planned gas-pipe project, and for accommodating ordinary demand for planned land. After the declaration, the valuation of existing developments was undertaken. This was preceded by negotiations with the local population on issues of compensation, allocation of alternative plots, incorporation of the existing population into the planning scheme, and the fate of those who would have to move to give way e.g. for infrastructure. Hand in hand with the valuation exercise, planning schemes were prepared for the area. Survey instructions were issued in 1995, and surveying for the major part was completed in 1997. Allocation of plots started in 1997 (see Table 7).

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It will be seen that at least 5 years elapsed between the declaration of Kinyerezi to be a planning area and the first allocation of plots. Moreover, land surveying and plot allocation was going on 8 years since the declaration. Planning standards At least five planning schemes were prepared for Kinyerezi. The plan prepared for the neighbourhood centre and immediately surrounding areas (Town Planning

Table 7 Landmarks in the implementation of the Kinyerezi Planning Scheme Year

Event

1993

Kinyerezi declared planning area. Negotiations with the local population start Preparation of planning schemes Issue of the first set of survey instructions Valuation for compensation Land surveying completed in some parts Allocation of land starts Compensation funds released Surveying completed in other parts

1994/1995 1995 1996 1996/1997 1997 1998 1998–2001

Sources: Ministry of lands, Ilala municipal council and Kinyerezi ward office, Komu (2002).

Drawing No. 1/838/597; area 208.33 ha) gives us an idea of the planning standards adopted in Kinyerezi. Details of the planning scheme provisions adopted are shown in Table 8. Residential plots were planned at super low density (1800 m2). The reason for this, according to officials, was to allow house construction as well as farming and animal husbandry, although these activities are not mentioned as allowed uses in the offers for a right of occupancy, which allows only residential uses. The roads had the following provisions: Neighbourhood collector roads, 30 m Right of Way (RoW); secondary collector roads, 20 m RoW; access roads, 10 m RoW; and cul-de-sacs and access paths, 10 and 5 m RoW, respectively. Roads are obviously over provided for, given the limited level of vehicular traffic at present or in the future. Cul-de-sacs for example are 10 m wide. Access paths meant to provide pedestrian and bicycle accessibility are 5 m wide. There is no justification for such wide provisions for access facilities. Roads consumed over 22 percent of the planned land. Large residential plots and carriageways that are too wide cannot be justified on grounds of lack of public open spaces, or onsite sanitation. As can be gauged from Table 8 provisions are made in planning schemes for open spaces in every neighbourhood. Onsite sanitation can be accommodated on plots that are less than 200 m2, and high densities lower the cost of instituting sewers. The urban agriculture

Table 8 Planning profile for Kinyerezi neighbourhood centre and surrounding areas Land use Neighbourhood centre Pombe shopa Light industries Commercial Market Community centre Church Mosque Pharmacy Nursery school Public building Surrounding area Residential Cemetery Primary school Gas pipeline reserve Circulation (roads) River valleys, tree/plants Dispensary Secondary school Bible school Church Open space Total Source: Tanzania (1996). a Local liquor public house.

No of plots 51 1 8 32 1 1 1 1 1 1 4

Plot size m2

2500 1800 450 4200 2100 3900 3600 1800 3780 1800

624 6 1

1800 31,000 74,000 99,000

1 1 1 1

15,600 70,400 26,300 14,100 5500

Total area (Ha) 6.05 0.25 1.60 1.44 0.42 0.21 0.39 0.36 0.18 0.38 0.82 112.32 3.11 7.40 9.90 46.54 9.82 1.56 7.04 2.63 1.41 0.55 208.33

Percent of total area 2.9

53.91 1.49 3.55 4.75 22.34 4.72 0.75 3.37 1.26 0.67 0.26 100

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argument is not supported by evidence of the subsequent use of the large plots. In any case urban agriculture is not well regarded by public authorities. The National Human Settlements Development Policy regards urban agriculture as conflicting with other urban uses leading to land degradation, water pollution and health and safety hazards (Tanzania 2000a, p. 48). It is hereby argued that the drive for larger plots is a reflection of the wishes and aspirations of the elite. In any case experience with previous sites and services schemes earmarked for low-income households has shown that these schemes end up being occupied by those in middle to high-income brackets (Mghweno, 1984). Large plots speed up this process. Elements of costs related to delivering planned land in Kinyerezi It is possible to reflect on the aspects of the various costs of the Kinyerezi Planning Scheme borne by the public authorities, and existing and new landowners. Some costs are tangible and can be determined, others are intangible or cannot be determined (Table 9).

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purchase before land was planned, and inheritance. The majority of the landowners were granted an offer for a right of occupancy within one year, but 16 percent of these had no offers at all at the time of the study. Nevertheless, despite the requirement that a title should be issued within thirty days of accepting the offer, 96 percent had no certificates of title 4 years after the area was planned and surveyed and land allocated to them. Land is supposed to be developed after allocation and the regulatory framework gives a procedure to follow and a time limit in which land must be developed. The study found that much of the land allocated since 1997 remained undeveloped. Nevertheless, our respondents were those who had developed their plots and were in occupation of their houses. Their houses were incomplete in many respects. However, before developing their land they legally had to obtain a building permit from the local authority. The study established that 98 percent of the surveyed landowners in the planned area of Kinyerezi did not have a building permit and only 2 percent were processing getting one. Unplanned Kinyerezi

Responses from landowners in planned Kinyerezi The majority of the landowners were born in Kinyerezi itself and some 74 percent reported to earn less than US$ 60 a month. The three major ways of getting land in Kinyerezi were by way of allocation as a flood victim,

The major mode of getting land in the unplanned area was by way of buying or inheritance. In over 60 percent of the cases, the process of buying this land was concluded within 1 week. Most buyers had sale agreements as evidence of their ownership.

Table 9 Elements of costs of the Kinyerezi planning scheme Element of cost

Tangible costs

Intangible/undetermined costs

 Cost to government (distribution of

Declaration of a planning area

information, etc)

 Indirect costs to landowners in terms of anxiety and discouraged development and investment during the waiting period. Area was declared a planning area in 1993, compensation not paid till 1998. Identification of owners and negotiations Property valuation Property compensation

Preparation and approval of Planning Schemes Land surveying Land allocation

Tshs 300,000,000 (USD 333,333), from the government

Tshs 620,000,000 (USD 688,888) from the government Recipients had to pay between Tshs 30,000–50,000 on allocation

Costs borne by the government Cost borne by the government Dissatisfaction with compensation created limbo and anxiety; disputes affected implementation increasing project costs to the government. Costs borne by the government

 Administrative costs etc borne by government

 Costs to recipients of waiting, bureaucracy and commuting before land allocation.

Source: Kironde (2004, p. 32).

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While it is easy to acquire land in an unplanned area, it is difficult to convert it into legality. Planning consent must first be obtained and land must subsequently be planned and surveyed to the approval of the Ministry of Lands. Thus, only 12 percent of those who acquired their land in the unplanned areas had surveyed their land, while 2 percent were in the process of surveying it. However, 86 percent had not surveyed their land. There was not a single respondent in Kinyerezi unplanned area who had a certificated of title over their land, or at least an offer for one. Clearly, this is an area where the regulatory framework can be revised, to allow those who access land in the informal sector, to attain legality. Nevertheless, our study found that there was apprehension about the outcome of surveying one’s land. While a few cited the advantages of having land surveyed, many were against doing so, citing problems such as having to pay land rent annually, the possibility of losing ones land, getting little compensation, or getting relocated to a place that is not preferred or that lacks developments that the current land has (such as grown up trees which may take years to mature, if one has to plant afresh). Most of our respondents in this unplanned part (i.e. 98 percent) said they did not have a building permit, advancing many reasons for this situation. Many said they knew nothing about the existence of building permits. Others said theirs was an unplanned area where the requirements for a building permit did not apply. This, of course is not the case. All developments in an area declared to be a planning area need the permit from the planning authorities. In practise however, local authorities would not possibly grant a building permit for construction in an unplanned area even if an application were to be made. General evaluation of the regulatory framework in Tanzania Many of the provisions of the regulatory framework are based on old legislation and regulations, are inappropriate to the situation which they are supposed to address and are not well known to the public, or even to officials themselves. Many are out of print and copies cannot be found easily. Many officials go by past precedents. All are in English, which few people speak. This could explain why many regulations are ignored and go unenforced. All the same, the insistence on ‘‘proper regulation’’ has created a situation where public authorities have opted to do nothing about development control as areas develop. This has created areas that are irregularly developed and lack (land for) infrastructure and public services. They are developed to extremely high densities of structures and buildings especially in the older areas; and suffer high levels of pollution and environmental degradation. Sometimes, the land that is occupied is unsuitable as it may be hazardous, located in valleys liable to flooding, or on steep hills or on environmentally degraded sites. Later efforts to remove occupiers of such land have in most cases been unsuccessful (Ngware, 2002; Skaare, 2000).

When people have acquired land outside formal ways, it becomes very difficult for them to convert their area to legality. The example of the Makongo area in Dar es Salaam is instructive. The area was developed informally and in 1991 the Ministry of Lands tried to effect a land use scheme on the area in the usual way of acquisition, clearing, planning, surveying and re-allocation. The residents resisted this and, went ahead and prepared their own land use scheme, reflecting the pattern of their land holding. This community initiated Makongo land use plan has so far not received the approval of the public authorities, despite the fact that the people of Makongo engaged experts to assist them (Burra, 2002). Indeed, there is no example of a community or privately initiated planning scheme that has been approved by the authorities. There is too much centralisation of most authority related to the implementation of the regulatory framework in the Ministry of Lands. All planned land use schemes must get the approval of the Director for Human Settlements Development. All land surveying plans must be approved by the Director of Surveys and Mapping. All valuations for compensation must be approved by the Government Chief Valuer. All Certificates of Title are signed by the Commissioner for Lands. This leads to delays and direct and indirect costs to the land seekers. The practised system of making planned land available is through land acquisition, planning and surveying and then allocation. To adhere to this process means that some 8 years can elapse before land earmarked for a planning scheme can be translated into planned plots for allocation. During this period, households will have taken steps to get themselves land for development. As public authorities fail to acquire land, would-be developers turn to the informal sector and acquire and develop land without following official requirements or plans, thus making it difficult for the authorities to acquire and plan that land at a later date. This contributes to a shortage of planned land, thus creating a vicious circle. Of the three categories of the regulatory framework analysed in this study, administrative procedures seem to be the most significant in restricting the supply of land in general. Even when land has been made available, administrative procedures to get an offer for a right of occupancy take a very long time. Next in significance are the standards adopted. In particular, the insistence on large land plots in planning schemes restricts the supply of planned land in the few planning schemes that exist. Roads too consume relatively large areas of land, adhering to standards that are unnecessary to meet needs of the foreseeable future. Evaluation of the regulatory framework as applied to Kinyerezi In terms of administrative procedures, the standard approach of land acquisition, planning surveying and allocation was used making the availability of legal land

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tardy. Even when land was finally available, it took up to 3 years before the beneficiaries got a letter of allocation (Offer of a Right of Occupancy). Evidence suggests that the administrative procedures as currently practised make the preparation of planning schemes and thus the availability of planned land a very expensive undertaking. The Kinyerezi scheme cost at least Tshs 1 billion (USD 1,022,221) to pay the compensation and survey the land. To this should be added the costs of preparing the planning scheme, and instituting infrastructure and other related costs. Both central and local governments have been unable to muster resources to undertake sustained planned land delivery schemes. In the short term, access to land in unplanned areas does not cost the government much although future cost of upgrading may be high. Access to land by individual land seekers in an unplanned area can be realised in as short a time, as 1 week, although, it is very difficult to convert such land into legality. In terms of standards, the sizes for residential plots and rights of way were very generous. If smaller plots of say 288 m2 that were used in the sites and service schemes of the 1970s had been adopted, and if the land set aside for roads was halved, some 15,000 residential plots would have been realised in the Kinyerezi area. Instead, only 3900 odd plots were demarcated. The unit cost of the larger plots considering land surveying and compensations costs alone is around USD 262, which would have been only USD 68 had the smaller plot size proposed above been adopted. Thus one area where standards could be revised is to adopt smaller residential plots and reduce the proportion of land set aside for rights of way. Unfortunately, the trend in practice is to go in the opposite direction, providing for bigger plots. Not only does this lead to constraints to the supply of planned land, and to urban sprawl, but also the unit cost of surveying and servicing larger plots is higher. Larger plots have higher ownership costs such as higher land rent and property tax. A number of low income households interviewed in Kinyerezi cited failure to pay land rent (31.5%) and failure to meet development conditions in the granted right of occupancy (26.3%), as reasons for selling their plots (Kironde, 2004, pp. 40). The plot sizes in unplanned Kinyerezi are large, but this is because the area is still sparsely populated. There is evidence that plot sizes have been getting smaller with time. The size of roads in the unplanned area is just wide enough to allow the passage of one vehicle (i.e. around 4 m wide).

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When addressing this situation, public authorities blame lack of resources to acquire, plan and survey land as a major cause of unplanned development. Rarely do they address the issue of the regulatory framework. Where the public authorities obtain land, it is planned to high standards involving large plots and generous land for roads. As such the number of plots realised from such land is lower than would be the case if smaller plots were adopted thus leaving out many of the poor. The poor could also be reached if the regulatory framework made it easy for land already settled upon informally to be easily converted into formal land. Although the standards, administrative procedures and regulations adhered to lead to a high cost of planned land, this cost is not debated or perhaps realised. There are usually no calculations of the unit cost of planned land in both the short and long term periods. The cost of providing planned land is to a large extent borne by public authorities. Moreover, land is allocated with minimum or no infrastructure. This means the cost, for example of large plots, is not readily apparent in terms of land servicing. Nor is the long-run cost of urban sprawl taken into consideration. Since powers of implementing the regulatory framework are centralised in the Ministry of Lands, decentralisation of powers of land management and administration and the mobilisation of landowners, communities and the private sector to plan, regularise and service land should be the focus of a future urban land management regime. The idea should be to greatly increase supply of planned land at lower cost so that many of the poor can be enabled to access legal land. The policy framework, as provided for in the National Land Policy, National Framework on Good Governance, National Human Settlements Development Policy and the Poverty Reduction Strategy Paper (Tanzania, 1995, 1999b, 2000a, b), supports the revision of planning standards, the incorporation of communities and the private sector in land delivery, and the decentralising and streamlining of procedures. In practice though, officials still aim at high standards, lengthy administrative procedures, and direct public sector involvement in land delivery. This paper provides some evidence of the deleterious effects of the continued hesitation to address the regulatory framework whose revision downwards would result into more legal land being available, faster and at a lower cost, thus reaching more of the low income households, reducing unplanned development and making a positive impact on dealing with urban poverty.

Conclusions and policy implications The regulatory framework is one of the major causes of shortage of planned land in Tanzania. The administrative procedures set down take too long to make land available to the seekers. Many have opted to get their land from the informal sector where the result is the rapid growth of unplanned settlements in all urban areas in the country.

Acknowledgements I would like to thank the Department for International Development (DFID) of the UK for supporting this study through the UK-based firm of consultants, Geoffrey Payne and Associates.

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References Awotona, A., 1988. The perception of housing conditions in Nigeria by the urban poor. Habitat International 12, 75–96. Burra, M., 2002. Informal-formal interface: problems of legalising an informal settlement: the case of Makongo. Paper presented at a Workshop on the Regulatory Framework for Affordable Shelter, 12th February, Dar es Salaam, Tanzania. Chikoko, A.B., 2002. Payment of land rent in unplanned settlements in Tanzania: the case of Makongo, Kinondoni Municipality, Dar es Salaam. B.Sc. Thesis, Department of Land Management and Valuation, UCLAS. CIUP (Community Infrastructure Upgrading Project), 2002. Proposed Community Selection Process for Unplanned Settlements, Ranking and Prioritisation for Upgrading in Dar es Salaam. President’s Office, Regional Administration and Local Government. de Soto, H., 1989. The Other Path: The Invisible Revolution in the Third World. I.B. Taurus, London. Dowall, D.E., 2003. Land into cities: urban land management issues and opportunities in developing countries. In: Jones, G.A. (Ed.), Urban Land Markets in Transition. Lincoln Institute of Land Policy, Cambridge, Mass. www.lincolninst.edu. Farvacque, C., McAuslan, P., 1991. Reforming Urban Land Policies and Institutions in Developing Countries. The World Bank, Washington, DC. Gilbert, A., 2002. On the mystery of capital and the myths of Hernando de Soto. International Planning Development Review 24, 1–19. Kironde, J.M.L., 1995. Access to land by the urban poor in Tanzania: some findings from Dar es Salaam. Urbanisation and Environment 7, 77–95. Kironde, J.M.L., 2004. Regulatory framework for affordable shelter: the case of Dar es Salaam, Tanzania. Research Report on a CD-ROM accompanying Payne and Majale, 2004. Kombe, W.J., 1995. Formal and Informal Land Management in Tanzania: The Case of Dar es Salaam City, Spring Research Series 13. University of Dortmund. Komu, F.J., 2002. Reflections on land acquisition and compensation: lessons from Kinyerezi resettlement area. Paper presented at a Workshop on the Regulatory Framework for Affordable Shelter, 12th February, Dar es Salaam, Tanzania. Lupala, A., 2002. Peri-urban Land Management for Rapid Urbanisation: The case of Dar es Salaam, SPRING Research Series 32. University of Dortmund. McAuslan, P., 1989. Land law, tenure and registration issues and options. Paper presented at the Urban Development Seminar, World Bank, Washington, DC. Mghweno, J., 1984. Tanzania’s surveyed plot programme. In: Payne, G. (Ed.), Low Income Housing in the Developing World. Wiley, Chichester, pp. 109–123. Ngware, N., 2002. A Crisis of Urban Settlements in Tanzania: The Case of Msimbazi Valley in Dar es Salaam. Research Report. Institute of Human Settlements Studies. University College of Lands and Architectural Studies (UCLAS), Dar es Salaam. Okpala, D.C.I., 1987. Received concepts and theories in African urban studies and urban management strategies: a critique. Urban Studies 24, 137–150. Payne, G., 2000. Lowering the ladder: regulatory frameworks for sustainable development. 17th Inter-Schools Conference on Sustainable Cities: Sustainable Development, Oxford, UK. Payne, G., 2005. Getting ahead of the game: a twin-track approach to improving existing slums and reducing the need for future slums. Environment and Urbanisation 17 (1), 135–145. Payne, G., Majale, M., 2004. The Urban Housing Manual: Making Regulatory Frameworks Work for the Poor. Earthscan, London, Sterling, VA, US.

Shivji, I.G., 1998. Not Yet Democracy: Reforming Land Tenure in Tanzania. IIED, London. Silayo, E.H., 2002. Searching for reliable cadastral survey methods. Paper presented at a Workshop on the Regulatory Framework for Affordable Shelter, 12th February, Dar es Salaam, Tanzania. Skaare, S.O., 2000. Urbanisation and flood hazard: a study of settlements on flood-exposed land in Dar es Salaam Tanzania. M.Phil. Thesis, University of Oslo. Tanganyika, 1920. Township Ordinance Cap. 101, 1920. Government Printer, Dar es Salaam. Tanganyika, 1930. Township Rules Cap. 101, 1930. Government Printer, Dar es Salaam. Tanganyika, 1949. A Plan for Dar es Salaam: Report. Sir Alexander Gibb and Partners, London. Tanganyika, 1956. Town and Country Planning Ordinance, Chapter 378 of the Laws. Government Printer, Dar es Salaam. Tanganyika, 1957. Land Survey Ordinance Chapter 390 of the Laws, 1957. Government Printer, Dar es Salaam. Tanganyika, 1960. Town and Country Planning (Use Classes) Regulations 1960. Government Printer, Dar es Salaam. Tanzania, 1967. Land Acquisition Act 1967. Government Printer, Dar es Salaam. Tanzania, 1968. Dar es Salaam Master Plan. Project Panning Associates, Canada. Tanzania, 1979. Dar es Salaam Master Plan. Marshal Macklin Monoghan, Toronto, Canada. Tanzania, 1995. National Land Policy. Government Printer, Dar es Salaam. Tanzania, 1996. Planning Proposals for Kinyerezi Resettlement Area, Dar es Salaam City. Ministry of Lands and Human Settlements Development, Dar es Salaam. Tanzania, 1997. Town and Country Planning (Space Standards) Regulations. Government Printer, Dar es Salaam. Tanzania, 1999a. Land Act 1999. Government Printer, Dar es Salaam. Tanzania, 1999b. National Framework on Good Governance. President’s Office, Dar es Salaam. Tanzania, 2000a. National Human Settlements Development Policy 2000. Government Printer, Dar es Salaam. Tanzania, 2000b. Poverty Reduction Strategy Paper. Vice President’s Office. Government Printer, Dar es Salaam. Tanzania, 2001. Speech by the Minister of Lands and Human Settlements Development to the Budget Session of Parliament for the financial year 2001–2002. Government Printer, Dar es Salaam. Tanzania, 2002a. Poverty and Human Development Report. Mkuki and Nyota Publishers, Dar es Salaam. Tanzania, 2002b. Household Budget Survey 2000/01. National Bureau of Statistics, Dar es Salaam. Tanzania, 2003. 2002 Population and Housing Census: General Report. National Bureau of Statistics, Dar es Salaam. Tanzania, 2005. Speech by the Minister of Lands and Human Settlements Development to the Budget Session of Parliament for the financial year 2005–2006. Government Printer, Dar es Salaam. UNCHS (United Nations Centre for Human Settlements (Habitat)), 1996. An Urbanising World: Global Report on Human Settlements. Oxford University Press, Oxford, UK. UN-Habitat, 2001. Cities in a Globalising World: Global Report on Human Settlements 2001. Earthscan, London. UN-Habitat, 2003. Slums of the World: The Face of Urban Poverty in the New Millennium? Global Urban Observatory, Nairobi. Yahya, S., Agevi, E., Lowe, L., Mugova, A., Musandu-Nyamayaro, O., Schilderman, T., 2001. Double Standards, Single Purpose: Reforming Housing Regulations to Reduce Poverty. ITDG Publishing, London.