REALWorld Law

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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.

 

• Firstly, the project would need approval from the Inspector of Factories (if it is a commercial factory) in terms of the Factories and Works Act. The process takes approximately one month. Approval of the construction plan is then sought from the local authority. Before a plan is approved, the local authority would ordinarily circulate the request in almost all its departments that are related to the proposed construction. For example, Chemical Laboratory and Trade Waste, Department of Works, Land Survey and Valuation among other departments. This process takes about 4 weeks, the current costs will be approximately USD220.00 per square plinth area for a single storey building and USD306.00 for a double storey building.
• The Building Inspectorate then inspects the building on application upon completion of the foundation of the building. The process ordinarily takes approximately one month.
• A second inspection by the Building Inspectorate upon completion of drainage installation is then sought. This process normally takes one business day.
• Upon completion of the structure there will be a further inspection by the Building Inspectorate. This normally takes about two weeks to obtain.
• Upon completion of the construction, a final inspection from the Building Inspectorate will be conducted. This process will normally take one month.
• The next stage would be to request and obtain:

1. 1. A water and sewage connection from the Zimbabwe National Water Authority. This process may take up to two weeks and will cost approximately USD350.00.
   2. A connection to the national electricity grid from the Zimbabwe Electricity Transmission and Distribution Company for a cost of approximately USD600,00.

• Finally, the occupancy certificate from the City of Harare would be obtained. This process will normally take one or two months.

Last modified 12 Jun 2024

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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