Tanzania’s Updated National Land Policy (2023 Edition): Key Reforms for Equitable Access and Sustainable Development

Tanzania’s Updated National Land Policy (2023 Edition): Key Reforms for Equitable Access and Sustainable Development Introduction The original National Land Policy of 1995 set out to secure tenure rights, promote equitable land distribution, and protect vital resources. However, rapid population growth, the impacts of climate change, and emerging investment needs called for a renewed framework. In response, the Government has introduced the National Land Policy, 1995 (2023 Edition), incorporating lessons learned and addressing critical gaps such as outdated regulations, limited women’s inheritance rights, and insufficient land use planning. This updated policy emphasises modern land governance, better integration of technology in surveying, a more straightforward path for foreign and diaspora investments, and stronger protections for marginalised groups. Key Policy Reforms 1.

Mandatory Land Registration The key challenge prompting the policy review “Absence of a policy framework requiring all landowners in planned areas to register their land” This challenge results in:  Many urban plots remained unregistered, limiting the government’s ability to collect fees and monitor land transactions.  Informal or partially formalized owners lacked legal certainty or collateral value, leading to unregulated transactions and disputes.  The land registry coverage did not reflect the actual scope of ownership, so data on land parcels and rightful owners remained incomplete.

Objective “To ensure that all land parcels, particularly in planned areas, are surveyed, mapped, and registered for improved land tenure security, facilitation of land transactions, and comprehensive land information management.” Policy implementation plans Requiring Registration of All Planned Plots  The Government will enact or amend regulations compelling all landowners in planned areas to register their parcels, including updating existing records.  Any land transactions (sale, mortgage, lease, etc.) must be registered to be legally enforceable.

Systematic Registration Programs  The Ministry of Lands will roll out systematic adjudication and registration projects, in collaboration with Local Government Authorities, to identify and register unregistered land.  This includes the development of digital maps, boundary demarcations, and issuance of Certificates of Occupancy. Integration with ILMIS and NIDA  The Integrated Land Management Information System (ILMIS) will become the central repository for all land parcels in planned areas.  The policy calls for linking land registration data with the National Identification Authority (NIDA), ensuring that only valid, identified owners can register land. Enforcement Measures  The Government will establish a clear legal timeline for property owners to register.

After this period, penalties or additional fees may apply to owners who have not complied.  Landowners who fail to register risk having unrecognised transactions or reduced legal protection in the event of disputes. Improved Revenue Collection  Once mandatory registration is in place, the policy aims to increase government revenue from land-related fees, property taxes, and transactions.  A portion of this revenue will be reinvested in modernising the land sector, thereby further accelerating the registration and titling process.

2. Establishment of a central coordinate system The key challenge prompting the policy review “ Lack of a coordinated system for the production, storage and utilisation of geospatial data among various stakeholders” This challenge results in:  Lack of a single unified framework or system ensuring that geographic data from all stakeholders, public and private, is produced, stored, and shared efficiently.

Objective “To establish a robust, coordinated, and integrated system for geospatial data production, storage, sharing, and utilisation among government institutions, the private sector, development partners, and the general public” Policy implementation plans Establish a National Geospatial Coordination Framework  The Ministry of Lands, in collaboration with the National Land Use Planning Commission and other relevant agencies, will develop a central coordination structure to standardise data formats, metadata, and quality control across all sectors.  The aim is to ensure that all geospatial data, whether from the Ministry of Lands, Forestry, Wildlife, or private surveyors, conforms to nationally approved standards.

Single Geo-Portal / Data Repository  The policy calls for an online national geo-portal that will store and provide access to maps, satellite imagery, land surveys, village boundary plans, and other relevant data.  This portal, integrated with the Integrated Land Management Information System (ILMIS), aims to reduce duplication and maintain consistent datasets used by ministries, local government, and private developers.

Integration with Existing Systems (ILMIS, NIDA, SRS)  ILMIS is already used for land titling, but the policy explicitly broadens its scope to geospatial data coordination, for example, linking map data with land parcel details.  The National Identification Authority (NIDA) integration facilitates the verification of user identities for secure data access.  The Survey Registration System (SRS) will also feed into the central repository, ensuring that newly surveyed plots or updated boundaries are reflected in real time. Standardised Geodetic Reference (TAREF 11)  The Government has introduced a new geodetic reference system (TAREF 11) to unify surveying nationwide.  All agencies collecting coordinates or producing maps must align with this reference system to ensure consistency and accuracy in geospatial products.

Legal & Regulatory Amendments  The policy mandates updating laws (the Land Survey Act) and regulations to require that public and private entities submit their geospatial data to the national repository.  The Director of Surveys and Mapping will have an expanded role in approving or verifying datasets for quality and accuracy. Capacity Building & Technical Support  The policy acknowledges that advanced geospatial coordination necessitates modern equipment, such as Continuously Operating Reference Stations (CORS), and skilled personnel.  It thus calls for training programs for surveyors, GIS specialists, local government staff, and other stakeholders to ensure they can produce and handle standardised data. 3.

Real Estate and Investment Frameworks The key challenge prompting the policy review “Absence of a mechanism to allow foreign property developers investing in the housing sector to sell houses to institutions and individuals in need” This challenge results in:  The inability of foreigners to invest and participate in the housing sector fully because the existing legal and policy framework does not allow them to sell housing units Objective “Enabling sustainable use of land allocated for investment purposes by putting in place a framework to allow non-citizens and foreign institutions to fully participate in the real estate sector by constructing houses for sale to institutions and individuals in need.” Policy implementation plans Legal Framework Reform  The Government will establish or amend laws and regulations to allow foreign developers to obtain derivative rights for real estate projects and sell the resulting housing units.  This will clarify ownership and transaction procedures for foreign developers, bridging the legal gap that previously prohibited non-citizens from selling housing units directly.

Coordinated Investment Process  All foreign investors must still register with investment authorities (e.g., TIC) to ensure compliance with land-use requirements and development conditions.

 The Government will designate land banks with supporting infrastructure, making it more attractive for foreign developers to set up planned housing projects and sell completed units to local buyers.  The policy also notes that any loans or other funds raised against the land must be reinvested in the development itself (Policy Statement vi), preventing the misuse of farmland or housing plots as mere collateral. Protection of Citizen Interests  Even as foreign developers are allowed to build and sell, the Government pledges to “safeguard interests of citizens” by ensuring that: o Local communities benefit from the investment. o Speculative hoarding of large tracts of land is avoided. o Housing meets planning and environmental standards.

Market Regulation and Good Governance  The policy calls for establishing a broader real estate regulatory framework, ensuring: o Fair real estate and brokerage practices. o Proper valuation and tax revenue capture. o Reduced risk of unplanned or substandard developments. Monitoring and Enforcement  A mechanism to enforce compliance with development conditions is also introduced (Policy Statement viii). For example, if a foreign developer fails to build within the specified timeframe or deviates from approved plans, the land rights may be revoked and reallocated. 4.

Creation of a land rights framework for the Tanzanian diaspora The key challenge prompting the policy review “Lack of a structured framework to enable Tanzanian diaspora holding foreign citizenship to benefit from land rights” This challenge results in:  Tanzanians with foreign citizenship currently lack a “mechanism to acquire or retain” land rights. While they can still invest through derivative rights, there is no specific recognition of their Tanzanian heritage or diaspora status. Objective “To develop special legal and administrative provisions to allow Tanzanian diaspora to access and own land in recognition of their national origin, while safeguarding local interests and ensuring compliance with national laws”

Policy implementation plans Introducing Diaspora-Specific Provisions in Land Laws  Amend the Land Act, Cap. 113 and associated regulations to recognize the Tanzanian diaspora distinct from other non-citizens.  Permit diaspora members to: o Own and inherit family or ancestral land under certain conditions. o Acquire derivative rights more flexibly, not limited only to large-scale foreign investments. Coordinated Registration and Verification  The policy calls for collaboration between the Ministry of Lands and the Ministry of Foreign Affairs (responsible for diaspora affairs) to verify diaspora members who were formerly Tanzanian citizens or have Tanzanian roots.  NIDA integration: As with other landowners, diaspora members will be integrated into the national identification system for secure land registration.

Balancing National Interests and Safeguards  While opening avenues for diaspora to own or inherit land, the Government emphasises avoiding speculation and “land grabbing.”  Local communities remain protected against losing village land at scale. The policy states explicitly that diaspora rights must be exercised “in accordance with land-use plans, local regulations, and without prejudice to community interests.” Encouraging Diaspora Investment  Some diaspora might wish to invest in housing, agriculture, or tourism. The policy envisions a simpler path to land acquisition for genuine diaspora projects, e.g., through: o Special diaspora windows at investment centers (TIC). o Land banks set aside for diaspora-driven development that meets clear social or economic objectives.

Public Awareness and Engagement  The Government plans to inform diaspora communities worldwide through embassies and diaspora networks about the new legal provisions, encouraging them to regularise or initiate land ownership in Tanzania.

5. Strengthening International Borders The key challenge prompting the policy review “ Absence of a dedicated policy and legal framework for managing land along Tanzania's borders with neighbouring countries, leading to unregulated development and encroachments” This challenge results in:  Unregulated settlement and ad hoc land uses could occur without systematic planning.  Boundary disputes or encroachments might go unchecked, undermining national security or fueling local land conflicts.

Objective “To ensure that all international boundaries are secure, well-defined, and free from encroachments or unregulated activities that may compromise national security or disrupt local communities” Policy implementation plans Comprehensive Boundary Verification & Demarcation  The Government will survey and clearly mark all borders to reduce ambiguity.  It aims to update or reinforce existing boundary beacons and integrate these into modern geospatial systems. Dedicated Regulatory Framework  The Government will introduce or amend laws and regulations to specifically manage border-zone land and ensure it remains under structured administration.  This framework will clarify which institutions (e.g., the Commissioner for Lands, regional security agencies) have authority over border tracts and how they coordinate.

Coordination with Neighboring Countries  The policy calls for bilateral or multilateral engagements with neighbors to address cross-border land-use issues.

 A mutual approach to boundary management joint committees, data sharing, or combined surveys will reduce boundary conflicts and encroachments. Planned Development & Local Community Integration  Any potential development or investment in border areas must align with land-use plans to avoid random settlement patterns and conflicts.  The Government will consult local communities around borderlands and clarify tenure, ensuring community members do not inadvertently infringe on external boundaries. Security Measures & Monitoring  The policy mandates regular patrols and monitoring in border zones, potentially using modern technology (satellite data, drones, etc.) to detect unplanned activities.  Special emphasis is placed on preventing the infiltration of sensitive border areas and curtailing illegal cross-border trade or encroachments.

Integration with National Geospatial Systems  As the policy also directs a nationwide geospatial coordination system, accurate boundary lines will be digitally mapped.  This helps ensure that all agencies—land commissioners, wildlife authorities, local councils—reference the same official boundary data. 6.

Proper land utilisation and environment integrity The key challenge prompting the policy review “Lack of a sustainable system for coordinating and economically utilising certain critical areas without compromising environmental integrity and national security” This challenge results in:  Overlapping Mandates and Conflicting Policies: Multiple authorities often regulate or claim jurisdiction over the same critical area, resulting in fragmented decision-making and policy clashes.  Environmental Degradation and Security Risks: Without a unified system, unchecked development can harm fragile ecosystems, while a lack of coordination in border or strategic sites can pose national security concerns. Objective “To establish an integrated management framework to guide economic activities in ecologically sensitive and strategic areas, ensuring balanced development and conservation”

Policy implementation plans Integrated Management Framework  The Government intends to create or strengthen an inter-ministerial coordination body that brings together stakeholders from various sectors, including land, environment, forestry, wildlife, tourism, and security.  This body will ensure that economic activities in these zones (e.g., tourism, controlled mining, and agriculture) are balanced with ecological importance and security requirements. Clear Guidelines for Development in Sensitive Areas  The Policy will update or create new zoning rules, specifying the types of economic activities (such as ecotourism and sustainable agriculture) that can be permitted in designated critical zones.  Environmental Impact Assessments (EIAs) became mandatory for all projects in these areas, with additional safeguards in place to address national security concerns.

Harmonizing Existing Sectoral Laws  Many laws govern various aspects of these areas, including the Wildlife Conservation Act, Forest Act, and Environmental Management Act, among others. The new policy calls for harmonisation so that developers and local communities have one clear framework to follow, avoiding contradictory rules or overlap. Monitoring and Enforcement  A strong emphasis on enforcement via joint inspections (with environmental officers, security personnel, and local authorities).  Use of modern data (satellite images, ILMIS geospatial database) to monitor land use changes in critical areas. Community Involvement  Recognises that local communities often live in or near these sensitive areas.

The policy directs that they be consulted to foster co-management and share economic benefits (e.g., eco-tourism revenue).  Encourages alternative livelihoods or controlled economic activities that do not degrade ecosystems. Security Considerations  Where areas overlap with border zones or strategic resources, the policy emphasises close collaboration with defense and security agencies.  Proposed developments in such areas require security clearance and must not undermine national interests.

7.

Modern land information and surveying practices The key challenge prompting the policy review “ Absence of a clear policy framework for surveying, ownership and development of land for economic activities within water bodies” This challenge results in:  Unclear Ownership Rights: Without a formal framework, individuals or companies establishing fish farms, docks, or tourism facilities have no definitive legal status over submerged or coastal land.  Regulatory Overlaps and Conflicts: Multiple agencies (e.g., fisheries, environment, tourism authorities) each set their own rules, often leading to inconsistent oversight and policy clashes.  Environmental Risks: Economic activities in lakes, rivers, and coastal waters expand without proper environmental controls, potentially harming aquatic ecosystems due to unchecked or unregulated development.  Limited Investment Confidence: Investors hesitate to fund aquaculture, maritime transport, or waterfront projects without certainty of land tenure and regulatory stability.

Objective “To introduce the concept of 'Water-Based Land Rights' under Definition of Terms and clarifies that economic activities in rivers, lakes, and ocean areas must comply with recognised frameworks for surveying, ownership, and environmental protection” Policy implementation plans Formal Recognition of Water-Based Land Rights  The Policy introduces a new legal category allowing individuals or companies to obtain rights of occupancy for submerged land or adjacent coastal zones, ensuring that any economic activities (fish cages, waterfront resorts, docks) are officially recognised. Hydrographic Surveying Procedures  To support water-based land rights, the Government plans to expand hydrographic surveying, integrating it into national geospatial data systems. This includes mapping lakebeds, riverbeds, and marine zones under a unified reference system (TAREF 11).

Environmental and National Security Checks  Any development within water bodies must also pass environmental impact assessments and adhere to guidelines for preserving sensitive or strategic areas such as wetlands, mangroves, islands, and national security zones.

Legal and Regulatory Amendments  The Policy directs amendments to sectoral laws (e.g., Land Survey Act) to include water-based surveying standards. Public and private surveyors will be required to align with these rules and submit hydrographic data to the national repository. Institutional Collaboration  The Ministry of Lands will collaborate with agencies overseeing fisheries, environment, and tourism to streamline the issuance of rights for economic activities on or near water. Data sharing via the National Geo-Portal (as discussed in Section 3.8) will also apply to aquatic zones. Capacity Building  The Government commits to training surveyors and GIS experts in hydrographic surveying techniques, providing modern equipment (e.g., sonar, satellite technology), and establishing more Continuously Operating Reference Stations (CORS) near coastal/lake regions. 8.

Inheritance-based land ownership practices that adhere to customs and traditions The key challenge prompting the policy review “Inheritance-based land ownership customs in Tanzania often allow property to pass exclusively through male lineage, which can effectively deny women, especially widows, daughters, and sisters full rights to inherit.” This challenge results in:  Inheritance-based land ownership customs still restrict the rights of women Objective: “To review and harmonise customary laws, ensuring they align with the statutory requirements for non-discrimination in land inheritance” Policy implementation plans Review & Harmonize Customary Laws  The Policy instructs relevant ministries (Lands, Justice, and others) to collaborate on reviewing customary inheritance laws, aligning them with statutory land laws that prohibit gender discrimination.  Customary rights of occupancy must now conform to national legal standards that guarantee equality before the law.

Legal & Regulatory Amendments

 Existing statutes (e.g., Land Act, Village Land Act) will be amended to invalidate explicitly any customary inheritance clauses that exclude women.  The revised regulations will ensure that probate and inheritance disputes are settled under the principle of equal protection of property rights regardless of gender. Awareness & Capacity Building  The Policy emphasizes community education to inform women of their legal rights while also engaging traditional leaders in dialogues on gender equality.  Judicial and quasi-judicial bodies (like Ward Tribunals, Village Councils, District Land and Housing Tribunals) will receive training on identifying and curbing discriminatory practices.

Institutional Collaboration  Government agencies responsible for women’s affairs, local government, and land dispute resolution will form a coordinated structure.  This approach ensures that when inheritance disputes arise, relevant institutions can effectively apply updated laws and educate local communities about them. Monitoring & Enforcement  Strengthened oversight by the Ministry of Lands will track how localities interpret and enforce the new frameworks.  Complaints or disputes that escalate to higher courts will serve as a check against continued discriminatory rulings at the local level. Conclusion The amendments introduced in the revised National Land Policy underscore Tanzania’s commitment to a more inclusive, transparent, and sustainable land governance framework.

By clarifying land ownership rights, expanding protections for customary tenure, and streamlining the administrative and dispute-resolution processes, the Policy directly addresses longstanding challenges ranging from overlapping mandates to gender-based inequities. Its expanded scope also opens up new opportunities, such as enabling the Tanzanian diaspora to benefit from land rights and introducing clearer mechanisms for foreign real estate investment. Ultimately, by integrating social, economic, and environmental considerations, the revised Policy strengthens the foundation for equitable access to land and more productive land use, ensuring that all citizens can share in Tanzania’s continued development. We assist clients in land acquisition, including site and legal due diligence exercises. We remain delighted to assist.

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