Legal & Regulatory Systems - shafcoe · 2019. 12. 10. · Legal & Regulatory Systems...

Legal & Regulatory Systems

Delivering Practical Frameworks for the

Affordable Housing Value Chain

Mrs Silibaziso ChizwinaPermanent SecretaryMinistry of National Housing & Social Amenities

Global Housing Needs In Relation To

Zimbabwean Needs

Global – 1 Billion

Africa – 57 Million

Zimbabwe – 1.5 Million

Vision 2030 Goals & SDG 11

1.9 million

2004

1.5 million

2019

?

2030

Reality Of Non Conformity To Regulation

Source: UDCORP Files 2018

SDG No 11 - Make cities and human settlements inclusive, safe,

resilient and sustainable

Regulating With Sustainability In Mind

Sustainable Materials and

Renewable resources

Research & Development –

Methods and Models

Formulate Housing Financing

and Pricing Models based on

Income StreamsC

B

A

• Intend to focus on;

– Adjudication

– Legislation

– Execution

• Housing Sector in Zimbabwe

– Administrative Acts

– Construction Acts

– Tax Laws

Legal Systems

• Local Authorities

– Rural

– Urban

• Regulatory Bodies

– Environmental Management Authority

– Zimbabwe Energy Regulatory Authority

– Procurement Regulatory Authority of Zimbabwe

– Postal & Telecommunications Regulatory Authority of Zimbabwe

• Government Departments

– Department of Physical Planning – large scale developments

Regulatory Framework Setup

Key Acts & Instruments

Feeding Into Affordable

Housing Development &

Their Impact

• Constitution of Zimbabwe

• National Housing Policy

• Regional Town and Country Planning Act

• Mines and Minerals Act

• Urban Councils Act

• Water Act

• Roads Act

• Forest Act [Chapter 19:05]

• Environmental Management Act

• National Museums and Monuments Act

• Housing Standards Control Act

• Layout Design Manual of 1999

• Circular 70 of 2004

Key Acts & Instruments Feeding Into Affordable Housing

Development & Their Impact

• Rural District Councils Act

• Agricultural Land Settlement Act

• Communal Lands Act

• Fencing Act

• Land Acquisition Act

• Land Survey Act

• Rural Lands Act

• Traditional Leaders Act

• Public Health Act

• Titles Registration and Derelict Lands Act

• Forest Act [Chapter 19:05]

• National Museums and Monuments Act

• Housing Standards Control Act

Key Acts & Instruments Feeding Into Affordable Housing

Development & Their Impact

1-6 months 3-6 months 15-36 months

1 2 3 4Land

AcquisitionPlanning Construction Occupation

Regulatory Processes & Approvals

Regulatory Processes & Approvals

Acts Governing

Urban Areas

By Laws Harare By Laws

Bulawayo

Prior to 1996 34 212 33

1996 – 2000 0 0 2

2001 - 2015 0 6 2

Proposed 0 2

Source:

http://habitat3.org/wp-content/uploads/Republic-of-Zimbabwe-Country-Report-

Habitat_2.pdf

40%

25%

15%

10%

Impact On Construction Of Affordable Housing

Regulation has its negatives & positives

S

O

W

T

Source of finance

Impact On Construction Of Affordable

Housing

Joint Venture

Financiers may opt out due to

delays

Beneficiary Funded

High Risk – beneficiaries

don’t pay on time or are not compelled to pay

Self Funded

High Risk – beneficiaries don’t pay on time or are not compelled to pay

Capital Loans

May be withdrawn due to delays and changes in feasibility

Construction Sector is currently operating below optimal levels

Impact On Construction Of Affordable Housing

Cost Escalations

Non Investment In The Sector

Development of substandard elements

Non urbanization of sector –sprawl and no depth

Reluctance to use new technologies

RegulatedNationaldatabase –e platform

Closing The Gap In The Regulatory Framework &

Redefining National Housing Delivery

01Allow Use of Land Asset Before Receiving Payment

02

Approve & Authorise New Housing Technologies

Closing The Gap In The Regulatory Framework &

Redefining National Housing Delivery

03 04Reduce JV Partnership Constraints and Lead Time

Regulate the ‘Developer’

StructuredIncentivePlatforms

Closing The Gap In The Regulatory Framework &

Redefining National Housing Delivery

05 06

Take Housing tothe People –Urban To RuralDevelopment

Closing The Gap In The Regulatory Framework &

Redefining National Housing Delivery

07

silibaziso.chizwina

+263 779 396 631

Harare, Zimbabwe

Skype:

Email: chizsili@gmail.com

Tel:

Location:

Contacts

Thank You