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Mamlaka ya kubadili matumizi ya Ardhi

Discussion in 'Habari na Hoja mchanganyiko' started by Sendeu, Jul 17, 2011.

  1. S

    Sendeu Member

    #1
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    Wadau natumaini mko salama naomba mnijuze mwenye mamlaka ya kubadili ramani ya ardhi mf sehemu ya tindiga yaweza kufaa kwa ujenzi iwapo utafuata ushauri wa kitaalamu japo utakuta kwny raman haitakiwi kujengwa au sehemu ambayo zaman kulikuwa na mkondo wa maji na sasa umefutika kutokana na mabadiliko ya tabia nchi hii nauliza maana raman nyingi mf kinondoni municipal zimechukuliwa over 15 yrs ago na sasa sehemu nyingi zimebadilika naomba ushaauri wenu asanteni
     
  2. Mtanzania haswa

    Mtanzania haswa JF-Expert Member

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    Ndugu Sendeu kabla sijakujibu hoja yako naomba kufahamu ni ramani ya wapi? kwani kuna ramani za maeneo yaliyokwisha pimwa na serikali hapo zamani na watu washalipwa fidia mfn. maeneo mengi mjini. na pia kuna ramani za nje ya mji kama kimara, mbezi luis, goba, etc
     
  3. S

    Sendeu Member

    #3
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    Mkuu nashukuru ni nje ya mji kuna kimara na pia goba maana nature ya maeneo haya ni milima na mabonde sasa ukichek kwny raman utaona wamechora au kupiga picha kuwa eneo fulan ni mto ilhal si mtu ni mkondo wa maji tu msimu wa mvua hapo utata unaanza kwny kupima na kiukweli si mto watu wamejenga na wanaishi mradi tu ujenge mkondo mzuri wa maji ya mvua kuelekea mabonden
     
  4. TIMING

    TIMING JF-Expert Member

    #4
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    swali zuri sana, i think we better ask mkurugenzi wa upimaji na ramani
     
  5. S

    Sendeu Member

    #5
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    Mdau yeyote wa Ardhi atusaidie tafadhali hii ni ishu ya muhimu sana watanzania kujua maana watu wanaumiza vichwa sana kwny suala zima la upimaji wa ardh mkurugenzi wa upimaji wa ardhi kama upo hapa JF tafadhali tusaidie
     
  6. King'asti

    King'asti JF-Expert Member

    #6
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    nadhani inajulikana kama ''kubadilisha matumizi ya ardhi'', ama change of land use. hii inafanywa huko huko ardhi, u just submit ur papers na wanakupa hati mpya. haina tofauti na mtu anayenunua nyumba kadhaa za kuishi ambazo kwenye master plan inaonekana kama residential, anakwenda na papers za kununua eneo, na plans mpya halafu wanampa title deed mpya kwa ajili ya jengo la biashara ama pertol station etc. ila angalia, kama ni eneo lililopaswa kuachwa wazi watakusumbua
     
  7. ngoshwe

    ngoshwe JF-Expert Member

    #7
    Jul 17, 2011
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    Section 35 of the Land Act Cap. 113

    35. Change of use

    (1) An occupier of land under a right of occupancy may apply to the Commissioner for a change or variation to the conditions of that right of occupancy so as to enable him to undertake a development on or a use of that land or a disposal of the whole or a part of that land in connection with a development on or a use of that land which is not permitted by the conditions subject to which the right of occupancy was granted.
    (2) An application under this section shall be–
    (a) submitted on a prescribed form and accompanied by a photograph;
    (b) accompanied by the prescribed fee;
    (c) signed by the applicant or his duly authorised representative or agent;
    (d) sent or delivered to the Commissioner or an authorised officer;
    (e) accompanied by any other information which may be prescribed or which the Commissioner may, in writing, require.
    (3) The Commissioner shall consult with and take account of the views of–
    (a) the authority having responsibility for town and country planning in the area where the land is situate;
    (b) the local authority having jurisdiction in the area where the land is situate;
    (c) any other authority whose consent to that change of use is necessary.
    (4) Where the Commissioner determines to approve a proposed change of use, he shall in writing, using the prescribed form–
    (a) inform the occupier of that fact;
    (b) request the occupier to bring or send the certificate of occupancy to the Commissioner for endorsement on it of the change of use; and
    (c) inform the occupier of any premium or additional rent that is payable as a consequence of the change of use.
    (5) No approved change of use shall take effect and no action may be taken by an occupier in pursuance of a proposed or approved change of use until–
    (a) that change of use is endorsed on the certificate of occupancy;
    (b) the endorsement is signed by the Commissioner with his official seal and by the occupier;
    (c) all premia and additional rent have been paid by the occupier in accordance with the terms and conditions subject to which the change of use is granted.
    (6) The provisions of sections 30 and 32 apply to the payment of any premium and any rent under this section as they apply to the payment of premia and rent under those sections.
    (7) The grant by the Commissioner of a consent to a change of use shall not–
    (a) absolve the occupier from any obligation to obtain the consent of any other authority to that change of use;
    (b) require any other authority whose consent to that change of use is necessary to grant that consent.

    THE TOWN COUNTRY PLANNING ACT Cap. 355

    Section 35. No development in planning area without planning consent

    Notwithstanding any other law to the contrary, no person shall develop any land within a planning area without planning consent or otherwise than in accordance with planning consent and any conditions specified therein.
    Section 36. Authorities responsible for control of development in planning area Ord. No. 14 of 1961 s. 2
    Notwithstanding any other law to the contrary, after the material date the Area Planning Committee shall, subject to any directions given to it by the Minister, be the authority responsible for controlling and regulating development in the planning area concerned and for the giving or withholding of planning consent:
    Provided that where the Area Planning Committee is not the local government authority, that authority shall be responsible for the control and regulation of development and for the giving or withholding of planning consent, pursuant to any other law, to the same extent as it was so responsible immediately before the area concerned became a planning area, but in so controlling and regulating development and in giving or withholding planning consent, the local government authority shall comply with such directions as may be given to it by the Area Planning Committee.
    Section ]37. Development and planning consent to have regard to scheme in course of preparation
    In controlling and regulating development within a planning area (including, in the case of an Area Planning Committee, the giving of directions to a local government authority pursuant to section 36) and in giving or withholding planning consent, the Area Planning Committee or local government authority, as the case may be, shall have regard to any scheme in course of preparation for the planning area concerned and shall withhold planning consent to any development which would render abortive any scheme in course of preparation.

    Section 15. Area Planning Committees Ord. No. 14 of 1961 s. 2
    (1) There shall be an Area Planning Committee for every planning area.
    (2) In the case of a planning area wholly within the boundaries of a municipality, the Area Planning Committee shall be the Municipal Council.
    (3) In the case of a planning area wholly within the boundaries of a township, whose authority is a Town Council, the Area Planning committee shall be the Town Council.
    (4) In the case of a planning area partly within and partly without the boundaries of a municipality–
    (a) if the Municipal Council and the local government authorities of that part of the planning area outside the municipality consent, the Area Planning Committee shall be the Municipal Council;

    Section 17. Preparatory Authorities Ord. No. 14 of 1961 ss. 2 and 8
    (1) For every planning area there shall be a Preparatory Authority responsible for preparing schemes in the manner provided in this Act.
    (2) In the case of a planning area of which the Area Planning Committee is–
    (a) a Municipal Council; or
    (b) a Town Council or a township which has either–
    (i) a population of over thirty thousand inhabitants; or
    (ii) a valuation roll for rating purposes which at the last valuation exceeded thirty million shillings,
    the Preparatory Authority shall be the Area Planning Committee:
    Provided that a Preparatory Authority constituted under this subsection shall not have authority to prepare detailed schemes to which the provisions of the Third Schedule have been applied under section 27 or detailed schemes involving the re-development of built-up areas:
    And provided further that an Area Planning Committee constituted a Preparatory Authority under the provisions of paragraph (b) of this subsection may from time to time, by resolution, decline to accept the functions of a Preparatory Authority and any such resolution shall remain in force for a period of five years from the making thereof unless the Minister agrees to an earlier revocation thereof.
    (3) In the case of an Area Planning Committee to which functions of a Preparatory Authority have been delegated under section 18, the Area Planning Committee shall be the Preparatory Authority to the extent of the powers so delegated to it.


    http://www.ardhi.go.tz/news/2010/10/21/zoezi-la-kuhakiki-matumizi-ya-ardhi-mijini.html
     
  8. itnojec

    itnojec JF-Expert Member

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    ardhi yote ipo chini ya rais wa jmt, yeye ndo mwenye mamlaka ya kufanya anachotaka...wakurugenzi wa ardhi wanamsaidia rais
     
  9. Mtanzania haswa

    Mtanzania haswa JF-Expert Member

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    Ngoshwe asante kwa kutoa vifungu vya sheria.kwa lugha rahisi ndugu SENDEU fanya yafuatayo:Andika barua kwa mkurugenzi wa manispaa ya k'ndoni ambayo ndio (Area Planning authority kwa kinondoni), barua yako ihusu kuomba kurekebisha mchoro wa mipango miji (Town Planning drawing) wa eneo husika(kumbuka huwezi kupima kabla mchoro haujabadilishwa), baada ya hapo fuatilia kwa mkurugenzi kinondoni. wataalamu wa mipangomiji watakuja kukagua na kuona kama kunahitaji kubadilishwa, baada ya hapo mchoro mdogo (extr
     
  10. S

    Sendeu Member

    #10
    Jul 17, 2011
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    Wadau nashukuru sana kwa Elimu hakika hivi vifungu vimenifumbua macho sasa nitafanya huo utaratibu na hopefully nitafanikiwa JF idumu zaidi na Mungu azidi kutupa moyo huu wa kuelimishana asanteni
     
  11. Mtanzania haswa

    Mtanzania haswa JF-Expert Member

    #11
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    baada ya hapo mchoro mdogo (extract) utaandaliwa na kupelekwa kwenye kikao cha mipangomiji (area planning commitee) for recomendation for approval then after, mchoro utapelekwa kwa mkurugenzi wa mipangomiji wizara ya ardhi for final approval and indorsement, utapatiwa nakara ya hiyo ramani na barua kama ombi lako limekubaliwa na kitakachofuata ni upimaji
     
  12. Mtanzania haswa

    Mtanzania haswa JF-Expert Member

    #12
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    NOTE:
    That is not change of use but rather amendment of planning scheme under cap 355 of town and country planning act
     
  13. King'asti

    King'asti JF-Expert Member

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    hahaha, soma sec 35 subsec 1. usiangalie title bana!

     
  14. Mtanzania haswa

    Mtanzania haswa JF-Expert Member

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    King'asti i am talking from experience man as well as professional, we should not argue on this
     
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