If you haven’t yet, be sure to read Part 1 for the full context
According to the Land Transfer Act provides that:
No permanent transfer of land or long-term (more than ten years) lease shall take place until the transaction is reviewed and approved by the Land Transfer Board.
The Land Transfer Board consists of the following members: –
Executive Secretary and Deputy Executive Secretary shall submit the applications for the transfer or lease of land to the Board for consideration.
The application for transfer or long-term lease shall provide the following information: –
Further there is a period for which approval remains valid which states that no consent for a transfer or lease given by the Board under the provisions of the Act shall be valid if the instrument providing for such a transfer is not executed within six months from the date of the approval of the transfer or lease.
Powers of the board.
In discharge of its functions, the Board shall have the following powers:
Subject to the provisions relating to a casting vote, all questions at the meeting of the Board shall be determined by the majority of the votes of the members present, and if any member refuses or fails to vote on any question, he shall be deemed to have cast a negative vote.
Execution of Transfer
This is provided by the Transfer Regulations, LN. 70 of 2011
The approved land transfer shall be charged according to market value of the property as follows:
In terms of Capital gain Tax on sale, the fee payable is 10% for locals and 20% for foreigners.
When the Board is satisfied with the requirements set, it shall approve the transfer of the land and issue a certificate to the successful applicant(s) in the form prescribed in the schedule to the Regulations.
Created under the Zanzibar Investment Promotion and Protection Authority Act No. 14, 2018 and legislations before it. ZIPA was set up as a one stop Centre where investors may obtain all the information with regards to the different government authorities under one roof. This applies to all areas of investment.
The procedure of land acquisition through ZIPA is the same that has been provided above with the only difference that ZIPA shall act as the agent in between. There are two ways an Investor can acquire Land through ZIPA;
Last but not least, if investors seek to build/develop Units under the Condominium Plan, the Condominium Act of 2010 provides several things amongst them is disposition, sale of units by a Proprietor or developer, and the process of registration.
Lastly ZIPA is also offering residency to investors and their children who purchase real estate in excess of $100,0000.
As of 2022 changes were made to the aforementioned land laws as follows;
From the above changes, the key take way is the Commission for lands is now the main body handling land transfers. Instead of land transfer certificates as previously issues by the Land Transfer Board, the Commission will continue to issue leases and right of occupancy under the same procedures as was with the Land Board. All other procedures remain the same save those mentioned above.
PREPARED BY
TALEEB ISMAIL JUSSAB.
ASSISTED BY IDAROUS RASHID ALI.
LEGAL OFFICERS INNER-WORKS CONSULTANT LTD.
KILIMANI ZANZIBAR.
PO.BOX 102
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