HAND-OUT-No 4

AN INTRODUCTION TO LAND DELIVERY SYSTEMS: THE CASE OF KAMPALA CITY

Notes

Please take note that the Charts for land delivery procedures given below
are based on old research carried out in 2009. You can only use them as a
guide to produce your own for the respective groups given the assignment.
 AN INTRODUCTION TO LAND DELIVERY SYSTEMS: THE CASE OF KAMPALA CITY

Whereas land delivery systems can have various definitions, for the purposes of this
course and study, land delivery systems will be taken to mean all avenues and ways
that intending applicants/developers go through in order to secure land for eventual
development.

And for the same purpose, Development on the other hand will partly be taken from the
definition offered by Cadman D and Leslie A (1983) which regards development as the
carrying out of buildings, or other operations in, on, or under land .

The developers include all categories of potential developers, irrespective of their levels
of income.

Preamble.

It is easy to appreciate that so many years back, land access was not so much of an
issue in Uganda, largely because the population had not risen and as such, there was
also not much need for the people to migrate to the city area.

However, over time, apart from the search for better life, Uganda has also experienced
many wars that pushed many people to Kampala and other urban areas to seek refuge.

It can also be understood that people are looking for employment, better education,
better health services, and so all these have had influence in drawing the numbers to
Kampala and other urban areas in the country.

The big question then is how all these people in Kampala have been able to access
land for respective development.

Over the time, the Government has put some systems for people to access the land
they need for different kinds of development. This is what is regarded as Formal Land
Delivery Systems. However, because of the increasingly acute need for urban land and
also because of the failure of these formal systems to adequately address the need for
land, some systems have emerged that have tended to supply the badly needed land in
the city. These systems in most cases operate outside the official procedures but with
the knowledge of the local administrative systems. These are the systems that have
come to be known as Informal Land Delivery Systems

Formal Land Delivery Systems

Formal land delivery systems directly refer to the procedures contained in the policies
and land codes of a country.

At least in Uganda, the Formal Land Delivery Procedures are embedded in the land
tenure systems. They derive their nature from the respective land tenure systems and
are consequently being regulated by the corresponding land administrative institutions.

As already covered in earlier discussions, the official land tenure systems in Uganda
are Mailo, Freehold, Leasehold, and Customary. Each of this tenure has a specific
mode of land delivery or access to land by potential developers. The customary system
is however not observable within the city.

Land delivery under Mailo tenure

As noted in earlier lectures, The Mailo tenure was created under the 1900 Agreement
between the then Colonial government and the Buganda kingdom, mainly for a political
settlement between the colonial government and the kingdom and subsequent
governments have also found it difficult to do away with the Mailo tenure system.

Deriving from the provisions of the Land Act, 1998, the main feature of the Mailo tenure
is that:

´´ [4(4)] Mailo tenure………..

involves the holding of registered land in perpetuity;

permits the separation of land from the ownership of developments on land

made by a lawful or bona fide occupant´´.

It should also be noted that The Mailo land is actually of two types; the Official Mailo
and the Private Mailo. In each of them, the land delivery procedure is slightly different

Having been granted land as per the 1900 Agreement, the Buganda King (Kabaka), had
the prerogative to parcel out this land to whomever he liked (mainly to chiefs, friends,
loyalists and other notables in the kingdom). This is what constitutes the Private Mailo
today.

Whatever remained under the Kabaka (ideally kingdom land, but held in trust for the
kingdom by the Kabaka) constitutes the Official Mailo.

Because of power struggles between Buganda Kingdom and the Central Government,
Traditional Institutions were abolished in Uganda in 1966. Most of the properties that
belonged to Kingdoms including land were taken over by the central government.

It has been mentioned before that The Land Reform Decree of 1975 attempted to
extinguish all land rights that existed, including those on mailo tenure by essentially
nationalizing all land. Much as this Decree was largely not implemented, it remained
etched in the law books of the country.

Following the restoration of Traditional Institutions in 1993, most of the assets that had
been taken over by the state, including the Kabaka’s land were returned to kingdoms. In
case of Buganda, The Kabaka consequently appointed a Board, Buganda Land Board
(BLB), to take charge of this land.

The flow chart below shows the typical procedure that an intending developer would
have to follow in order to obtain land for development within the Official Mailo land.
 BLB Buganda Land Board
Pay application fee
US$ 5 to BLB KDSO Kampala District Survey Office

LC1 Local Council 1

Recommendation 5 LC1 executives to
letter from LC1 sign PM Prime Minister of Buganda Kingdom (Katikiro)

SMD Surveys and Mapping Department

YES
Land Stop
encumbranc
es
NO LC1 letter, purchase agreements
Inheritance/donation agreements
Submit application Sketch maps, photos of existing developments
documents to BLB Articles/memorandum of association

YES
Approval by executive
Land > 1
committee of the PM
Acres
NO

Approval by BLB

Assessment of premium
and ground rent by BLB

KCC planning advice at

the request of BLB

Sourcing of private
surveyor by applicant

Cadastral survey and Survey report

approval by KDSO JRJ

Preparation of deed JRJ

plans by SMD

Preparation of lease documents Receipts of payment of premium and ground rent

and submission to Registrar of Deed plans
Titles by BLB

Receipt of stamp duty payment

Preparation of Title by Receipt of payment of registration fee
Government Registrar Deed plans

Endorsement of title
by BLB

NB This flow chart was generated in 2009- Modify to the present situation
Issues to note with this land delivery system;

 It should be noted that the procedure is very lengthy. This calls for a sizeable

financial input on the side of the developer. This period and stress involved has

very often lead to developers abandoning the process.

 The requirement of proof of having developed the site as a pre-requisite for

application encourages haphazard development.

 Where the occupants of this land and the indigenous Baganda, it is common for

occupants in this tenure system to be satisfied in holding the land without formal

registration, since it is taken as land for the kingdom, and the Kabaka only

holding it in trust for the subjects

The flow chart below shows the typical procedure that an intending developer would

have to follow in order to obtain land for development within the Private Mailo land
 CTP Chief Town Planner
Identification and registry verification
of land parcel by buyer DTP Division Town Planner

URA Uganda Revenue Authority

Purchase of land and
preparation of sale agreement LC1 endorsement

Approval of
transaction by Mutation form (request for sub-division form)
Registrar of Titles filled by the seller

YES

Encumbrances Stop

NO

Issue of “Proceed” by Registrar

Location mapping for preparation of

sub-division layout

Preparation of proposed layout by DTP Location survey map

Approval of layout by CTP Proposed layout

Cadastral survey by private

Approved layout
surveyor and preparation of JRJ

Approval of survey by DSS Survey report

and preparation of deed JRJ
plans
Consent forms depicting acreage of new plot
Assessment of stamp duty by
Deed plans
CGV Photos of buyer and seller

Payment of stamp at URA Consent form endorsed by CGV

Transfer form endorsed by seller and buyer

Consent form
Photos of buyer and seller
Preparation of title
Transfer form endorsed by URA
by Registrar Receipt of stamp duty payment
Receipt of payment of registration fee
Parent title
Deed plans
Area schedule form

NB This flow chart was generated in 2009- Modify to the present situation
 The system is also lengthy. However, it is comparatively easier than the rest and

therefore attracts all kinds of developers. The result is that even people who are

less likely to develop land within set standards gain access to land, and therefore

encouraging haphazard development within the city.

Photo2: Haphazard development in Katanga-Wandegeya

Land delivery under Freehold tenure

The definition of Freehold tenure in Uganda’s current constitution has an expanded

scope of being a form of land holding deriving its legality from the constitution and its
incidents from the written law which-

a) Involves the holding of registered land in perpetuity or for a period less than
perpetuity which may be fixed by a condition.
b) Enables the holder to exercise, subject to the law, full powers of ownership of
land including but not necessarily limited to selling it, leasing, mortgaging or
pledging (section 3(2)).
However, of particular interest here, are the freehold grants of the year 1900 to
institutions, most especially to the religious institutions of the country at the time.

Nkurunziza (2004) observes that, another source of land in Kampala City is the Roman
Catholic and Protestant Churches, which have substantial chunks of land in the city.
Many families have settled on this land over time, albeit, illegally, although some have
sought to regularize their tenure by applying for a lease from, for instance, the estates
department of the Catholic Church. The 1900 Buganda Agreement provided for freehold
land grants to the major religious denominations in the country, particularly the Roman
Catholic and the Anglican Churches. Some of this land happened to be in areas that are
now close to the CBD. In the years that followed the agreement, different churches were
keen to have some of their most ardent followers occupy and utilize the land that was
not planned for immediate church use. Since then, this land has been exchanged
through sales, gifts and inheritance.

The Roman Catholic Mission has freehold land mainly in the places like Nsambya,
Rubaga and Mbuya, while the Church of Uganda has freeholds mainly in Namirembe,
and Nakasero. The Muslims also have Kibuli and other small areas where their
mosques stand, under freehold.

The following Flow Chart was also formulated in a Focused Group Discussion (FGD)

with Panelists drawn from the professions of Surveying, Physical Planning, and

Registrars etc. It summarizes the steps necessary to secure a plot of land from church

land
 Buyer applies to the LC1 endorsement
Estates office of the church
mmmmmmmmmmmm

Location mapping for preparation of

sub-division layout

Preparation of proposed Location survey map

layout by DTP

Approval of layout by CTP Proposed layout

Cadastral survey by private Approved layout

surveyor and preparation of JRJ

Approval of survey by DSS Survey report

JRJ

Preparation of deed
JRJ
plans by SMD

Assessment of premium and Deed plan

ground rent by Estates Office

Preparation of lease documents Receipts of payment of premium and ground rent

and submission to Registrar of Deed plans
Titles by Estates Office

Receipt of stamp duty payment

Preparation of title
Receipt of payment of registration fee
by government Deed plans
Registrar

Generate an updated flow chart

It is worth noting that the procedure equally takes a lot of time. It is also important to

note that the Estates office does not attach development conditions to the developers.

This ultimately affects the quality of development in these tenure areas.

Land delivery under Leasehold arrangements

When looking at land delivery under lease arrangements, it is vital to consider the land
delivery procedures before the Uganda Constitution of 1995, and after the 1995
constitution (and more specifically after The Land Act 1998).

The Constitution of Uganda of 1967 instituted The Uganda Land Commission (ULC),
and in Article 108 charged it with the responsibility to hold and manage any land vested
in it by the Constitution or any other law, or any other land acquired in Uganda by the
Government.

Urban authorities, such as KCC, were then delegated to control Public land under their
jurisdiction. ULC then leased more land to these local authorities depending on their
need. The role of ULC then reduced to supervision of these authorities. KCC managed
Public Land in the city in form of statutory leases under the supervision of ULC.

However, the Land Act 1998, abolished all statutory leases, and vested the land in the
citizens of Uganda and in section 47 set the principal function of ULC to act as
government’s estate agent and property manager by holding land that is vested in or
acquired by the government among other duties.

Land delivery prior to the enactment of the Land Act 1998

A typical land delivery procedure for urban land (Prior to the Land Act 1998)-Lease from
KCC/ULC was as below

It should be noted that even before an intending developer embarked on the process of
acquiring land (a plot) for development, KCC would have already completed the
following processes;

 Preliminary survey of the area to generate physical planning data.

 Preparation of detailed layout by Urban Planning Section to provide for roads, to
ensure reserves for power and water lines, waste collection, green zones, public
open spaces etc.
By the time the developer came in, there existed a detailed layout for development of
the areas of interest.

The typical procedure (also formulated in a FGD) is laid out in the Flow Chart on the
next page.
Land delivery procedure for urban land (Prior to the Land Act 1998

Earmarking of plot(s) of interest by the developer WPPC- Works and Physical Planning Committee

Identification of plot(s) of interest on the ground

by KCC surveyor Detailed layout

Formal application for the plot by the developer

Land allocation by WPPC of KCC Application form

Assessment of premium and ground rent by KCC Application form

Valuer Layout

Payment of premium, ground rent, survey and

conveyance fees by the applicant

Cadastral survey by private surveyor and Approved layout

preparation of JRJ

Approval of survey by DSS Survey report

JRJ

Preparation of deed JRJ

plans by SMD
Receipts of payment of premium and ground rent
Preparation of lease offer documents and Deed plans
submission to Registrar of Titles by KCC
Receipts of payment of premium and ground rent
Preparation of lease agreement documents Lease offer documents
by Registrar of Titles Deed plans

Preparation of title
Receipt of stamp duty payment
by Registrar
Receipt of payment of registration fee
Deed plans
Lease agreement endorsed by the developer and KCC
The land (formerly) controlled by KCC under statutory leases and that leased out to

individuals by ULC is the most well planned and properly well developed areas in

Kampala as a whole. The development on leasehold land can only commence after

approval by the controlling authorities (KCC and ULC). The urban authority is able to

plan for all the utilities like roads, water supply, solid waste collection, green zones etc

and put them in place before any development commences.

The covenants and conditions contained in the lease agreement (see sample below)
make it possible for the city authority to ensure that the developer abides by standards.
These standards are easier to enforce because the developer is obliged, in the lease
agreement, to take them into account, failure to comply could lead to legal action or
termination of lease offer altogether.
The areas that benefited from these conditions include the CBD, Luzira and Ntinda .

Below: Certificate of Title from an Urban Authority

(Notice the conditions contained in the agreement)

However, access to public land, has over the years been constrained by several factors.
Foremost is the bureaucracy of officials in accessing leasehold land. An individual
applying for a lease from Kampala City Council would be made to go through complex
and cumbersome procedures before a decision would be reached to grant a lease to a
land developer in the City. According to Kituuka (1993), the entire process of acquiring a
plot would take as long as five years.

Constitutional provisions (After the Land Act 1998).

Article 237 of the Constitution of Uganda vests all land in the citizens. The Land Act
1998 puts into effect the provisions of Article 237.

It abolished statutory leases that were being granted by urban authorities.

However, as observed by Okia (2009), by vesting land ownership rights in the people,
the Constitution effectively “democratised” land ownership and placed limitations on the
powers of the state in land matters.

The Land Act effectively delivers urban land to squatters, as its provisions guarantee
security of tenure for the tenants by occupancy, and literally makes it impossible for the
mailo or registered owner to evict these statutory tenants (sec.30), in case he/she
wanted to sell the land or develop it. The Land Act is permissive of the people least
inclined to follow the formal urban land-use requirements.

Section 38 (4), and 38(5) of the Land Act, 1998, provide for the dealing with registered
urban land on which there are tenants by occupancy:-

´´[38] (4) where the tenant by occupancy is compelled to vacate the land by reason of
the fact that his or her building has been condemned or demolished by order or
authority authorized to do so under any enactment, then where the occupancy is in
respect of land in an urban area-

i) the occupants right of tenancy shall not be taken to have been extinguished;
ii) if development is not possible, owing to planning or building restrictions under
any law, the occupant is entitled to assign his or her right of occupancy giving
the registered owner the first option;
iii) the registered owner shall have the right with the approval of the Board to
acquire the right of occupancy upon payment to the occupant compensation
for the right of occupancy and any development of the land, determined by a
valuer appointed by the government.