Illegal subdivision of land in the Greater Kampala not acceptable

By Dennis Obbo

The Ministry of Lands, Housing and Urban Development has noted with concern the illegal subdivisions of land by various parties (including- real estate developers, land dealers and other land owners) in the country. This is more so within the Greater Kampala Metropolitan Area.

Illegal subdivisions have serious implications for the implementation of orderly development in the country and, especially the development of the city and its environs, which area are urbanising very fast and require effective management.

Unfortunately, there has been lack of commitment from those involved in the process to work together to ensure planned and orderly development.

The Physical Planning Act, 2010, which provides for the planning and orderly development within the country (including the Greater Kampala Metropolitan Areas), is in place. Attention is drawn to Section 3 of the Physical Planning Act 2010, which declares the entire country a planning area hence bringing the entire country under planning control.

The law also provides for the institutions and procedures to deal with subdivision of land and development of housing estates, among others.

The Act also provides for private plans to be prepared by qualified physical planners under sections 31 (1&2) and requires a land owner to use the services of qualified planners to prepare their plans. Section 36 (1, 2&3) further provides for formal approval of any subdivisions of land.

These, then, are known as Local Physical Development Plans, which, according to section 38, are approved by the District, Urban or Local Physical Planning Committee. The minister of lands, Daudi Migereko, has issued guidelines in respect to the implementation of the Physical Planning Act and the operations of the committees.

The institution of committees was intended to institutionalise team work and participatory planning in the Local Governments to avoid individual decision making.

Minister Migereko has also declared the Greater Kampala Metropolitan Area a Special Planning Area because of its unique development potential and social-economic challenges.

This calls for more attention of the Physical Planning Committees in the area to ensure greater supervision of the development process through managing the subdivision and development process in accordance with the Physical Planning Act, Part IV.

The Physical Planning Committees referred to above are in respect of KCCA, Wakiso, Mukono and Mpigi Districts as well as the municipalities and towns in those districts.

Procedure for subdivisions

For any subdivision to be approved, the applicant or land owner must have in his/her possession a duplicate Certificate of Title, dully filled Mutation Form, and two authentic passport photographs of the owner. The Mutation Form must have been stamped by a registered surveyor accompanied by form PPA2, which provides for approval of application for subdivision / consolidation of lands and buildings under the Physical Planning Act, 2010.

For variation of leases, applicant must have in their possession a letter from the controlling authority for variation of the lease, a duplicate certificate of title and two passport photographs. If the variation involves change of land use, then Form PPA 3, which provides for application for change of land use is completed and attached. Electronic versions of the land forms referred to and many others are available at the ministry’s website www.mlhud.go.ug or may be requested for from the ministry’s spokesperson at dennisfo@mlhud.go.ug.

From now onwards, no Instructions shall be issued for subdivisions of any parcel of land in an area without an approval by the relevant district or urban or local physical planning committee.

All real estate developers; real estate agents;  and land owners, who would wish to subdivide/consolidate their land and sell to individual buyers are hereby reminded to first and foremost engage the services of a qualified physical planner to prepare a local physical development plan(s)as the case may be of such piece(s) of land. The minister will soon issue Instruments in the Gazette for Greater Kampala Metropolitan Area regarding specific development issues as well as policy directions to ensure compliance with the Act

Chief Administrative Officers (CAOs) and Town Clerks are reminded to ensure that the physical planning requirements of the law are put into effect to ensure planned, orderly and effective  development in order to be able to attain the goal of a modern and industrialised country with a developed and vibrant services sector.

The writer is a spokesperson

Ministry of Lands, Housing & Urban Development