Summary note

• Overview
• The land acquisition process

Zanzibar is an island part of Tanzania. It is a semi-autonomous region consisting of two major Islands of Pemba and Unguja with a population of about 1.3 people. The capital of Zanzibar is located at Unguja.

 Zanzibar is known for its rich history, beautiful beaches, spices and culture making it recognised by UNESCO especially stone town as a World Heritage Site attracting people around the world to visit for several reasons such as tourism, research, employment and investment purposes. Also, through marine economy Zanzibar has introduced Blue Economy policy to facilitate fisheries, aquaculture and marine related activities.

Foreigners interested in buying land in Zanzibar, can buy from the local Zanzibari with the right of occupancy or through Zanzibar Investment Promotion Authority (ZIPA) by purchasing land within the Free Economic Zones.

According to land Tenure Act of 1992, the right of occupancy is granted to a Zanzibari. The owner of right of occupancy is then free to sell, lease, bequeath or gift his interest over the land to any person including a foreigner. Hence, a foreigner may purchase any piece of land from the landowner and use it for his investment purpose.

The land acquisition process

The land acquisition process depends on the category of land that the buyer intends to acquire.

Here are the steps involved under Commission for Land.

Conduct official search and due diligence.

The official search report assists the buyer to know the actual landowner and to avoid unnecessary inconveniences. If the land is unregistered, the search report will be sent to the Sheha within which the land is located. If the land is registered, the report will be provided by the Commissioner for Land. If the land is a free economic zone, information is obtained from ZIPA.

Prepare, sign, attest and register sale agreement.

After determining land ownership, the sale agreement is then prepared and signed by both the seller and the buyer. For the sale agreement to have legal effect, it must be attested and registered.

Fill the transfer form.

The buyer and seller are required to fill the transfer form from commission for Lands (COLA) the form costs at Tanzania Shillings 5000/. The form is then submitted to the Sheha of specific shehia and pay Tanzania shillings 20,000/ for it. Then a form will be submitted from the Sheha to the office of District commissioner of the same shehia, and pay Tanzania shillings 30,000/-.

Submission of land transfer form

The land transfer form will be submitted to the Commission for Land for Site plan and beacon placement arrangements (for unregistered land).

Site plan and beacon Placement

When the land is unregistered, it is required to be surveyed for boundaries to be determined and place beacons for marks as well as set a proper site plan.

Request land transfer approval.

The land transfer process from the seller to the buyer is done by the Land Transfer Board established under the Land Transfer Act, 1994. The board reviews the transaction and upon approval, a Transfer Certificate shall be issued to the buyer.

Apply for Government Lease

The buyer may apply for government lease from the commission for lands. It is a certification that the buyer is a legal owner of the land. The government lease is issued for a period of 33 years to 99 years renewable.  The property on this land, after being developed in accordance with the approved investment plan, may be sold, assigned, sub-leased or subdivided, inherited, or mortgaged,

A foreigner can purchase landed property. These are houses or apartments. The Condominium Act No 10 of 2010 allows a foreigner to purchase a landed property and be granted a lease for up to 99 years.

Conclusion.

For a foreigner to enjoy smooth land transfer transaction, it is important to seek legal assistance from the trusted lawyers who can advise and assist the process in accordance with the law and avoid unnecessary inconveniences.

Disclaimer: This article is authored by Jill Kato, an Associate from Rive & Co, a new and innovating law firm as a result of the partnership between ABC Attorneys, Stallion Attorneys and Sepia Attorneys, built on the foundation of trust, credibility, and novelty, offering expert legal solutions.  This Article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.