Physical and spatial planning in Zimbabwe are directed by the Department of Physical Planning. The department is a technical arm of the government that is in charge of managing the spatial planning system and giving technical advice for the implementation of the development planning systems to the Minister of Local Government, Public Works and National Housing. The department has oversight of the country’s local authorities, who must adhere to the provisions of the Regional, Town and Country Planning Act [Chapter 29:12], the Urban Councils Act [Chapter 29:15] or the Rural District Council Act [Chapter 29:13].
The Department of Physical Planning carries out technical evaluation of plans (master plans, local plans and layout plans) originating from local planning authorities to aid the minister in making decisions on the plans. It also mediates in stakeholder conflicts arising from spatial planning decisions that interfere with other party land rights.
Furthermore, the department provides technical assistance relating to the planning of preparation structures for the development planning system, which the Provincial Councils and Administration Act [Chapter 29:11] prescribes; manages urban public transport and carries out tachometric surveys and the pegging of state land. Planning and zoning within areas falling within the jurisdiction of local authorities may, where available, be subject to the local authority’s by-laws.
Last modified 12 Jun 2024
New construction must be approved in terms of the Building By-laws adopted by the relevant local authority. Refurbishment, may require approval where it involves structural changes such approval will be in terms of the applicable local authority building by-laws.
Last modified 12 Jun 2024
The Housing Standards and Control Act [Chapter 29:08] and Model Building By-laws constitute the policy instruments governing housing unit development. The Factories and Works Act [Chapter 14:08] specifies the minimum building standards for a factory. The government is empowered to deal with buildings of unsatisfactory standards, issues of overcrowding and control of harmful use of premises, including the protection of the rights of neighbours. Structures which are substandard may be demolished.
The Housing Standards and Control Act defines the council’s powers to monitor housing development and to order demolition where necessary. These two instruments work in conjunction with the Regional Town and Country Planning Act and together guide the enactment of council by-laws.
In cases where the construction of a new building is taking place on a wetland the Environmental Management Agency and Catchment Council working on the authority of the Environmental Management Act [Chapter 20:27] and Water Act [Chapter 20:24] provide direction on the method of construction. All this meant to ensure minimum negative impact on the environment.
Last modified 12 Jun 2024
Yes, legal restrictions are put in place on the designated use of a new building. These restrictions are in the form of local authority by-laws, and other use-specific legislation such as the Factories and Works Act [Chapter 14:08] and Environmental Management Act [Chapter 20:27]. It is therefore required to inform and get approval from the city council and the relevant regulatory authority of any change in the designated use of a building before the change takes place.
Other laws regulating the designated use would be under the National Museums and Monuments Act [Chapter 25:11] that seek to protect some culturally important places that are viewed as sacred in light of tradition and culture.
Last modified 12 Jun 2024
The state, through local authorities, is responsible for regulating the development and designated use of parcels of land. All land in Zimbabwe vests in the President. The President exercises his control over the land through government ministers. Agricultural land is under the purview of the Minister of Agriculture, Lands, Water, Climate and Rural Resettlement, Communal Land and Urban Land is under the purview of the Minister of Local Government, Rural and Urban Development
Last modified 12 Jun 2024
Other applicable permits would depend on the specific designated zonal use of land. Thus, based on the type of development that one seeks to embark on, the specific permits would be issued such as an environmental licence.
Last modified 12 Jun 2024
An application for change in use of land would need to be lodged with the responsible authority. Depending on the land, the responsible authority may be the Minister of Lands, the Minister of Local Government or the relevant local authority.
Even where a developer (private or public) is responsible for putting structures, plans for the structures need to be prepared by the developer and approved by the responsible planning authority. The actual construction process only begins after the approval of the dwelling plans.
Last modified 12 Jun 2024
Third parties do have the right to object by submitting their statement to the decision maker, who will review them before making a final decision. If third parties believe they have been treated unfairly, they can appeal to the Administrative Court.
Last modified 12 Jun 2024
This is possible in situations where a party is aggrieved by a local authority’s decision to designate a certain use for the land. The decision on the development may be reviewed by the High Court in the event that one party believes that they have been treated unlawfully and makes the relevant application for review. In that case, that party can appeal to the High Court or the Administrative Court.
Last modified 12 Jun 2024
It usually takes 10 months for the city council to approve or reject a request. In this period, they would have circulated the application to a number of boards or councils that are in connection with the development to be constructed. These boards include Zimbabwe Electricity Supply Authority, City Planning, Water and Sewerage and a number of other relevant boards. However, depending on the magnitude of the project this might take longer.
Last modified 12 Jun 2024
An individual can appeal to the Administrative Court within one month after they have received a notification of refusal from the local authorities concerning permission for development. This is in line with section 38 of the Regional Town and Country Planning Act [Chapter 29.12].
Last modified 12 Jun 2024
It is possible to enter into agreements with local or governmental authorities in order to facilitate the carrying out of development. This is commonly known as public-private partnerships, which are governed under the Zimbabwe Investment and Development Agency Act [Chapter 14:27]. It is, however, not necessary, unless the permitting authority makes it a condition of development.
Last modified 12 Jun 2024
According to the Regional Town and Country Planning Act [Chapter 29:12], there is no fixed period in which a permission for development is valid. It depends on the nature of development. The local authority will specify the period or any extension within which the development shall be implemented after they have granted a permit.
Last modified 12 Jun 2024
Restrictions on development are enforced by the local planning authority. It has all the rights to restrict any development in line with the Regional Town and Country Planning Act [Chapter 29:12]. However, in the event that it enforces some restrictions, it provides written reasons regarding why it enforced that restriction.
Last modified 12 Jun 2024
Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?
New construction must be approved in terms of the Building By-laws adopted by the relevant local authority. Refurbishment, may require approval where it involves structural changes such approval will be in terms of the applicable local authority building by-laws.
Last modified 12 Jun 2024