Requirements and Procedures for Obtaining the Certificate of Right of Occupancy

Introduction

In this article the key requirements and procedures involved in getting the Certificate of Right of Occupancy are exhausted.

SOMA MAKALA HII KWA KISWAHILI

A: REQUIREMENTS

a) The plot of land must be planned and surveyed. 

b) Proof of nationality.

c) Proof of ownership of the parcel of land.                                      

d) Passport sizes. 

e) Payments of the fees.

a) The Plot of Land must be Planned and Surveyed

This is a prerequisite criterion the omission of which may cause failure to continue with other procedures. Planning and surveying can be done by either of the following;

i) The government.

Planning and surveying departments by a relevant authority (ies) in a respective Municipal council or District council. 

ii) The private planning or surveying firms.

The land use plan and survey plan prepared by the private firm must be certified by the planning, and survey and mapping authority in a respective District or Municipal council.

b)  Proof of Nationality

 The client/applicant must bring identity card(s) that proves his/her nationality. This can be a National Identity Card, Driver’s Licence and Voter’s Registration Card.

Nowadays, National Identity Cards are highly recommended than other categories of cards.

Do you remember about eligibility of land ownership in Tanzania in Article 003E? We can assert that as being the rationale for the demand of proof of nationality when applying for Certificate of Right of Occupancy.

c) Proof of ownership of the parcel of land

The client/applicant must bring valid documents that prove his/her ownership of the plot of land. This may include documents such as Sale Agreement, history of the plot, and documents proving inheritance status.

d) Passport sizes

The client is required to bring the recent passport sizes the number of which is six (6).

Three (3) passport sizes will be attached to the Application Form and the other three (3) will be attached to the Acknowledgement of Payments (What is this?).

e) Payments of the fees

Obtaining the Certificate of Right of Occupancy has cost implications. The costs are legally recognised, and they include the following;

i) The Certificate of Occupancy Fee

ii) Land Registration Fee

iii) Land Rent

iv) Premium

v) Deed Plan Fee

vi) Stamp Duty 

vii) Survey Fee

The detailed discussion of the fees associated with the Certificate of Right of Occupancy is found in Article 005E.

B: PROCEDURES

a) Submission of the application of Right of Occupancy

b) Decision of the allocation of Right of Occupancy

c) Granting of the Right of Occupancy

a) Submission of the application of Right of Occupancy

The application is facilitated by filling the Application Form. This is a special form called “Land Form No. 19 (Application for a Right of Occupancy).”

The form is available at the Land Offices in respective District or Municipal council.

After duly filling of the Application Form, the client will submit it to the land office for other office procedures.

b) Decision of the allocation of Right of Occupancy

The Commissioner for Lands will decide whether to accept or reject the application for a Right of Occupancy. In case of rejection, the Commissioner must state the reasons for rejecting.

c) Granting of the Right of Occupancy

The Certificate of Right of Occupancy will be granted if the Commissioner has been satisfied that the applicant has fulfilled the conditions, has made decision to grant the Right of Occupancy.

Conclusion