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Land Use and Control in Zambia

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Land Use and Control in Zambia
Discuss the salient provisions of the law pertaining to land use and control in Zambia.

AUTHOR: KATALILO JOY

INTRODUCTION
This paper will discuss the salient provisions of the law pertaining to the land use and control in Zambia. The paper will be centred on a scenario detailed below.

Scenario
Mr Luswepo and Mr Ntetela have made money through agricultural investments in Zambia and have recently purchased various properties in all the provincial cities in Zambia with the intention of changing or modifying some of the properties so that the use for the properties are altered. They have, in this regard, received criticisms and objections from owners of adjacent properties and the local authorities in the respective areas. This has inconvenienced them greatly.

The Issue
Is a landlord restricted in the use of his land?

The Law
1) The Town and Country Planning Act, Chapter 283 of the Laws of Zambia (herein called the Act in this paper)
. 22. (1) Subject to the provisions of this section and to the following provisions of this Act, permission shall be required under this Part for any development or subdivision of land that is carried out after the appointed day

2) The Public Health Act Chapter 295 of the laws of Zambia.
Section 75. The Minister may, by statutory instrument, make regulations and may confer powers and impose duties in connection with the carrying out and enforcement thereof on Local Authorities, owners and others as to- (b) The construction of buildings, the provision of proper lighting and ventilation, and the prevention of overcrowding;

3) The Local Government Act , Chapter 281 of the laws of Zambia

Section 61. Subject to the provisions of this Act, a council may discharge all or any of the functions set out in the Second Schedule.

Paragraphs of the second schedule:

29. To prohibit and control the development and use of land and buildings and the erection of

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