Legal Implications of Protection of Informal Settlements on Urban Land use Planning in Tanzania

Abstract

Urban land use planning legislation prohibits the setting
up of residential houses in any planning area without
authorization. Despite this prohibition, most urban areas
in Tanzania face the problem of informal settlements;
and these are protected by legislation. The Land Act, for
example, provides for upgrading of such settlements
through issuance of residential licences and
regularization. In this paper, it is argued that protecting
informal settlements is an obstacle to planning
institutions towards achieving planned urban areas as
the upgrading schemes address the problem partially. It
is recommended that during upgrading schemes, the law
should be strictly complied with; and in the event some
settlements fall short of the standards, they should be
compulsorily acquired so that their re-development is in
accordance with the law. The Government should
ensure that surveyed and serviced land for residential
purposes is timely available; and the law should prohibit
development of informal settlements.

Key words: Informal Settlements, Regularization, Residential
Licences, Urban Land Use Planning