A Critical Examination of the Legal Challenges Facing the Implementation of the Unit Titles Act in Tanzania


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

Note : A published paper may take 4-5 working days from the publication date to appear in PlumX Metrics, Semantic Scholar, and ResearchGate.

Note : Google Scholar may take 30 to 40 days to display the article.


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 :

  1. Biddulph, R. (2018). The 1999 Tanzania land acts as a community lands approach: A review of research into their implementation. Land use policy79, 48-56.
  2. 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.
  3. 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 Research73(4).
  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).
  5. 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.
  6. 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.
  7. 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.
  8. Makinde, O. O., Makinde, O. T., & Adebara, O. B. Impacts of tenure security on sustainable residential property investment in Osogbo, Nigeria.
  9. Massawe, H. T. (2020). Regulation of property tax in Tanzania: legal and administrative challenges. KAS African Law Study Library7(3), 424-438.
  10. Mbilinyi, J. J., Kaswamila, A. L., & Assenga, E. A. (2023). Challenges of land regularization in unplanned peri-urban settlements in Tanzania. African Journal of Development Studies, 13(2), Article 4.
  11. 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.
  12. Moyo, K. (2017). Women's access to land in Tanzania: The case of the Makete District (Doctoral dissertation, Kungliga Tekniska högskolan).
  13. 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).
  14. 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 Regsblad26(1), 1-28.
  15. Pedersen, R. H. (2010). Tanzania's land law reform: the implementation challenge (No. 2010: 37). DIIS Working Paper.
  16. 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).
  17. 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.

CALL FOR PAPERS


Paper Submission Last Date
31 - December - 2025

Video Explanation for Published paper

Never miss an update from Papermashup

Get notified about the latest tutorials and downloads.

Subscribe by Email

Get alerts directly into your inbox after each post and stay updated.
Subscribe
OR

Subscribe by RSS

Add our RSS to your feedreader to get regular updates from us.
Subscribe