Squatter regularisation schemes
I live in a squatter and have been informed by our Mtaa Chairman that the Government intends to regularise our settlements and we shall be given a certificate of occupancy at the end of the regularisation project. Because in the squatter we have very small plots, I am afraid my plot may be merged with my neighbour’s plot in order to make one plot. Can you guide on the procedure for regularisation schemes?
HM, Dsm
There are two laws that govern regularisation schemes in Tanzania. These are the Land Act [Cap.113 R.E 2019] in section 56 to 60 and the Urban Planning Act, 2007. One of the purposes of regularisation scheme is to facilitate registration of occupation and use of land by those living in squatters. In order to regularise a squatter, the area must first be declared a planning area by the Minister for Lands. Secondly, the Minister must, by order publish in the Gazette and declare the squatter as an area of the scheme of regularisation. This should be preceded by an inquiry to find out if the area proposed for regularisation is fit for the scheme. The inquiry team should consult the residents of the squatter within the regularisation scheme in order to get their views, identify the cost of carrying out the scheme, time needed to undertake the scheme and the state of land tenure in the area. At the end of inquiry, the team prepares a regularisation scheme draft after consultation with the local urban authority within the area whose jurisdiction the proposed scheme is intended to be undertaken.
A copy of the draft regularisation scheme should be written in Swahili and published in a newspaper circulating the proposed area of the regularisation scheme. Another Swahili copy may be circulated by posting it in the public buildings within the proposed scheme area with the intent to solicit views of the residents of the scheme area and get their view on the draft scheme report before submitting it to the Minister for the final decision.
Where the implementation of the draft scheme is likely to a readjustment of boundaries and areas of plots of land, the Commissioner for Lands must serve a notice on every person likely to be affected by such readjustment of boundaries and plots. The final draft of the regularisation scheme cannot be issued until the person likely to be affected by the scheme on whom the notice has been given is heard on the proposals in the draft scheme. A person who is forced to lose his plot due to merge or readjustment of plots must be compensated. If the procedure for the regularisation has not been followed and you are adversely affected by the scheme, you can challenge this project in a Court of law.