Urban Law and Housing Policy in Zambia
Date
2011-11-03
Authors
Mulimbwa, Anthony
Cyril
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Abstract
This dissertation attempts to evaluate the legal framework within which the government seeks to implement its housing policies, The government has made several policy statements in National Development Plans, housing programmes and circulars regarding the steps to be taken to eliminate housing shortage. This inquiry seeks to determine whether the law relating to housing enhances the implementation of the policies formulated by the government, It follows therefore that the term "policy'1 in this context is restricted to policy statements and A directives emanating from government sources, That there is a need for reform of the various legislative enactments affecting housing in this country is evident from the following observation in the Third National Development Plan: "There is an obvious need to co-ordinate legislation relevant to housing and to introduce amendments to various Acts which at present are hampering housing development in order to formulate a comprehensive legislative backing of the housing policies and to remove inconsistencies in the present legislation", Cap,330). The following legislative enactments appear to be of particular interest in this regard; the National Housing Authority Act, the Lands and Deeds Registry Act, the Land Survey Act, the Town and Country Planning Act, the Public Health Act and the Housing (Statutory and Improvement Areas) Act. These will be critically analysed in the work. Chapter One: This is an introductory Chapter which discusses the general urban housing situation in the country. It shows the various categories of land available for housing in urban areas, and urban land tenure generally. It also examines the institutions responsible for housing and the nature of the housing A problem which they are to solve. Chapter Two: The Chapter is concerned with the colonial housing policy and the law; as some of the housing policies being pursued were evolved during the colonial era, namely home ownership and housing tied to employment, the emphasis is therefore on the legacies of the colonial housing system. Chapter Three; The Chapter discusses the policies adopted by the government after independence which are home ownership within and outside Site and Service. Areas, and the recognition and Improvement of Squatter Areas. These policies reflect an appreciation of the futility of reliance on local authority rental housing. Hence the abandonment of further rental housing in 1972. The Chapter also discusses the significance of each of the policies in the overall national housing programme and the sources of finance for their implementation. Chapter Four: This is an exposition of the legal difficulties and practical problems encountered by developers of housing in areas outside Site and Service Schemes and improved or upgraded squatter settlements. The difficulties arise from the law A and practice relating to dealings in land, planning permission under the Town and Country Planning Act and the Public Health (Building) Regulations. The Chapter also evaluates the building standards as prescribed by the building regulations in terms of their suitability in the context of the Zambian situation. Chapter Five: The Chapter discusses the legal framework for the implementation of the policy of home ownership in Site and Service Schemes and upgraded squatter settlements. This involves a discussion of the provisions of the Housing (Statutory and Improvement Areas) Act with regard to incentives towards housing development in the areas covered by the Act, The Chapter also evaluates the Act with regard to the extent to which it enhances the implementation of the home ownership policy in Site and Service Schemes and upgraded squatter settlements, Chapter Six: The dissertation concludes with an appraisal of housing policies with regard to their suitability to the Zambian urban situation, as well as the law under which these policies are being implemented.
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Keywords
Zambia. City planning -- Law and legislation. , City planning and redevelopment law -- Zambia. , Housing -- Law and legislation -- Zambia.