Authors :
Angelina Katalyeba Sampa
Volume/Issue :
Volume 10 - 2025, Issue 9 - September
Google Scholar :
https://tinyurl.com/4bwtsd3k
Scribd :
https://tinyurl.com/ryzekxkv
DOI :
https://doi.org/10.38124/ijisrt/25sep1157
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Abstract :
This study critically examines the legal and institutional challenges impeding the effective implementation of the
Unit Titles Act (UTA) in Tanzania. Enacted in 2008, the UTA was intended to modernize property ownership by enabling
separate ownership of individual units within multi-unit developments, while ensuring collective management of common
property. However, despite its potential to support urban development and structured property management, its application
has been undermined by legal complexities, institutional inefficiencies, and regulatory gaps. Key challenges identified
include cumbersome acquisition procedures, conflicting mandates among regulatory authorities, lack of efficient dispute
resolution mechanisms, and financial burdens arising from multiple taxes and mortgage financing conditions such as buy-
back clauses. The study further highlights the limited public awareness of the Act, the absence of comprehensive regulations
for transforming existing buildings into unit title properties, and restrictions on foreign developers’ land rights, all of which
hinder market growth and accessibility. These challenges not only discourage investment but also undermine affordability
and trust in the real estate sector. The paper concludes that harmonization of the UTA with related statutes such as the
Land Act and Land Registration Act, coupled with streamlined procedures, regulatory reforms, institutional strengthening,
and enhanced public awareness, are essential for realizing the objectives of the Act and promoting sustainable urban housing
development in Tanzania.
Keywords :
Unit Titles, Property Law, Legal Challenges, Real Estate Development.
References :
- Biddulph, R. (2018). The 1999 Tanzania land acts as a community lands approach: A review of research into their implementation. Land use policy, 79, 48-56.
- Blandes, J., & Matotola, U. (2024). Access to Land by Foreign Investors in Tanzania: The Case Study of Coast Region. African Journal on Land Policy and Geospatial Sciences, 7(1), 305-324.
- Boshoff, D., & Dlamini, N. N. K. (2017). Conflict In Multi-Owned Residential Properties: Case Studies Of Residential Sectional Title Developments In South Africa. Ponte International Journal of Science and Research, 73(4).
- Daniel, C. M. (2023). Legal challenges of Multiple Land use in Tanzania: a case study of the Ngorongoro Conservation Area (Doctoral dissertation, The Open University of Tanzania).
- Johnson, K., & Boipuso, N. (2018). An Evaluation of Sectional Title Schemes on the Provision of Residential Housing in Gaborone. International Journal of Advances in Social Science and Humanities.
- Kironde, J. L. (2009, March). Improving land sector governance in Africa: The case of Tanzania. In Workshop on “Land Governance in Support of the MDGs: Responding to New Challenges (pp. 1-29). Washington, DC: World Bank.
- Magupa, E. R., Matotola, U., & Alananga, S. (2023). Financing compulsory land acquisition in Tanzania: Aligning legal requirements and practices. The Journal of Building and Land Development, 24(3), 1-19.
- Makinde, O. O., Makinde, O. T., & Adebara, O. B. Impacts of tenure security on sustainable residential property investment in Osogbo, Nigeria.
- Massawe, H. T. (2020). Regulation of property tax in Tanzania: legal and administrative challenges. KAS African Law Study Library, 7(3), 424-438.
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- Mghase, J. R. (2024). Assessment of Legal Challenges in the Customary Land Formalisation Process in Tanzania. East African Journal of Law and Ethics, 8(1), 1-15.
- Moyo, K. (2017). Women's access to land in Tanzania: The case of the Makete District (Doctoral dissertation, Kungliga Tekniska högskolan).
- Mwamlangala, M. C. (2020). Customary Land Titling and Livelihood Dynamics among Agro-pastoralists in Tanzania: The Case of Dodoma and Mbeya Regions (Doctoral dissertation, The Open University of Tanzania).
- Omidire, K. (2023). Lessons for Nigeria from the Experience of South Africa in Managing the Challenges of Transfer of Title and Administration of Fragmented Property Schemes. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad, 26(1), 1-28.
- Pedersen, R. H. (2010). Tanzania's land law reform: the implementation challenge (No. 2010: 37). DIIS Working Paper.
- Rubakula, G. (2024). Agricultural Land in Tanzania: Investigating the Nexus between Formal and Legitimate Land Ownership and Agricultural Credits Access in the Rural Areas. Journal of Humanities & Social Science, 13(2).
- Tarimo, E. D. (2017). Operationalization of Unit Title Act (2008) in Tanzania (Doctoral dissertation, Ardhi University).
This study critically examines the legal and institutional challenges impeding the effective implementation of the
Unit Titles Act (UTA) in Tanzania. Enacted in 2008, the UTA was intended to modernize property ownership by enabling
separate ownership of individual units within multi-unit developments, while ensuring collective management of common
property. However, despite its potential to support urban development and structured property management, its application
has been undermined by legal complexities, institutional inefficiencies, and regulatory gaps. Key challenges identified
include cumbersome acquisition procedures, conflicting mandates among regulatory authorities, lack of efficient dispute
resolution mechanisms, and financial burdens arising from multiple taxes and mortgage financing conditions such as buy-
back clauses. The study further highlights the limited public awareness of the Act, the absence of comprehensive regulations
for transforming existing buildings into unit title properties, and restrictions on foreign developers’ land rights, all of which
hinder market growth and accessibility. These challenges not only discourage investment but also undermine affordability
and trust in the real estate sector. The paper concludes that harmonization of the UTA with related statutes such as the
Land Act and Land Registration Act, coupled with streamlined procedures, regulatory reforms, institutional strengthening,
and enhanced public awareness, are essential for realizing the objectives of the Act and promoting sustainable urban housing
development in Tanzania.
Keywords :
Unit Titles, Property Law, Legal Challenges, Real Estate Development.