Ceiling on land occupancy
I am a citizen and intend to buy land in Tanzania. I would like know if land laws of Tanzania limit the size of land or the total number of plots a person can own under right of occupancy or customary tenure.
KW, Iringa
Section 21 of the Land Act [Cap.113 R.E 2019], the Land (Ceilings on Land Occupancy) Regulations, 2001 and regulation 75 of the Village Land Regulations, 2001 gives the Minister for Lands power to fix the ceiling on the size of land a person can hold under a single right of occupancy or derivative right or customary right of occupancy. There is no general ceiling set by the law; the ceiling for a right of occupancy may be set for individual applicants of land depending on the land use plan, location of the land, feasibility study of the intended investment, if the applicant intends to use the land for investment, and the proven ability of the applicant to develop the land.
The ceiling process starts with the local government authority whose proposal for ceiling on land occupancy is submitted to the Minister for Lands for approval. The proposal of the local government authority submitted to the minister is based on the land use plan, investment and development plans of the local government authority. In preparing the schemes of land ceiling within its areas of jurisdiction, the local government is required to assess the ability of the land applicants to develop the land and land availability within its area with the view of ensuring equitable distribution of land.
The Commissioner for Lands may also on his own motion make a general proposal to the Minister for Lands on land ceiling for a particular area in Tanzania or a proposal for ceiling on land occupancy for a particular land purpose. However, setting of ceiling cannot affect the existing right of occupancy.
The law does limit the number of plots one person may own under different right of occupancies. The minister is given power to limit the size of land a person may own under one right of occupancy or derivative right and not the amount of land he can own under different rights of occupancies.
Regarding the village land, the Minister for lands in consultation with the Minister for agriculture may, by order published in the Gazette, prescribe the maximum amount of land a person may occupy under customary right of occupancy. The village land ceiling fixed by the minister may vary from village to village, district to district or region to region. The ceiling fixed may be reviewed and adjusted accordingly.