Land in Tanzania

In Tanzania the state owns all land therefore there is no private ownership allowed for both citizens and non-citizens.

According to the Land Act of 1999, all land shall continue to be public land and remain vested in the President as trustee for and on behalf of all the citizens of Tanzania.

Types of land in Tanzania

The law recognizes three types of land in Tanzania namely General land, Village land and Reserved land:

• General land is a surveyed land usually located in urban and peri-urban centres.
• Village land is usually land in villages and within villages in rural Tanzania. Some village land has been surveyed but the majority of the land is un-surveyed. Village land cannot be used for investment until it is transferred into general land.
• Reserved land includes that reserved for forestry, National parks, public recreation

Obtaining land for Foreign Investors

Foreign investors can obtain land for investment through Tanzania Investment Centre, where a ‘‘Derivative Right’’ is granted.

There are two main ways by which investors can obtain land for investment:

1) To apply for land acquisition from the village, and then follow all the necessary steps required, until the land is transferred from village land to general land and given to TIC in order to prepare a Derivative Right for the investor.

2) To purchase a parcel of land from individuals/Companies; once the buyer and a seller have agreed upon the price, the seller is required to surrender the land title to the Commissioner for Lands in order to re-issue in the name of TIC, which will eventually prepare a Derivative Right for an investor.

Land Regulatory Framework

Ministry of Lands, Housing and Human Settlements Development

Ministry of Lands, Housing and Human Settlements Development is responsible for administering land, human settlement and provides various land related services to individuals and institutions in the country.

National Land Policy (1995)

The policy was established in 1995 to promote and ensure land tenure system, encourage the optimal use of land resources and facilitate broad based social and economic development without endangering environment.

Objectives of the policy

• To promote an equitable distribution of and access of land by all citizens
• Ensure that land is put to its most productive use to promote rapid social and economic development of the economy.
• Promote sound land information management.
• Protect land resources from degradation for sustainable development.
• Modify and streamline the existing land management system and improve the efficiency of land delivery systems.

The Land Act 1999 and Village Land Act 1999

The Land Act and the Village Land Act together provide the basic law in relation to the management and administration of land, settlement of disputes and related matters.

Land ownership in Tanzania

In Tanzania no one owns land outright. All land in Tanzania is owned by the government. Citizens only apply for a lease from the office of land registry and they get a certificate to show the boundaries that they own. In some parts of the country where land is not so heavily regulated, the local government (CCM office) can give one land provided you register as a member of the village.

Ownership of Land by foreign investors

Under Tanzanian law, occupation of land by non-citizen investors is restricted to lands for investment purposes under the Tanzania Investment Act 1997 and the Land Act 1999. Land in Tanzania is state property that can be leased for up to 99 years. The law does not allow individual Tanzanians to sell land to foreigners.

Foreigners can only lease land in Tanzania through the Tanzania Investment Centre (TIC). The TIC has designated specific plots of land (a land bank) to be made available to foreign investors. Foreign investors may also enter into joint ventures with Tanzanians in which case the Tanzanian provides the use of the land (but retains ownership that is the leasehold).