Sub-divided land is that which has been divided into smaller residential units and it is normally done on land bigger that 5000 square meters in Zimbabwe. The process of subdividing land is done in terms of Part VI of the Regional, Town and Country Planning Act [Chapter 29:12] and subdivision can only occur after a subdivision permit has been issued by the relevant local authority. Section 40 of the Act provides for requirements which must be met for a subdivision permit to be granted. These include the setting aside of land for roads and public purposes, the payment of a percentage of the value of each subdivision (known as endowment), development of roads and piped culverts and financing of installation of water.
When buying a stand it is important to investigate the genuineness of a property by requesting relevant papers/documents from the seller. This is called due diligence. These should then be verified with relevant authorities.
Request for the following documents and information:
- For Private land Proof of ownership in the form of a Title Deed
2. For Government or Council land Valid Offer/Allocation letter and Agreement of sale between Government or Council and the Seller (in their name).
3. On private land Approved Subdivision permit- issued by the relevant authority.
4. On State or Council land approved layout plans have been approved.
5. Approved Survey Diagrams from the Surveyor General whether on Private, Government or Council land.
6. Approved Engineering Designs for water, sewer and roads which would have been approved by Council Engineering Department.
7. Approved infrastructure successfully implemented and approved on the site in the form of water, sewer and roads signed for by Council.
8. Certificate of Compliance- issued by council
The title deed of the property gives the legal name of the property which can be verified from the Registrar of Deeds. The offer letter can be verified with the Ministry of Local Government, Public Works & National Housing, through the Department of Stateland or Department of Physical Planning or relevant Local Authority. If the Seller fails to produce the documents when you request them, then you might be falling into a big scam. It is most likely that their project or development is not compliant and you might be duped. The best thing to do if things reach this stage is to run-away with your hard earned money.
If you purchase a stand from a seller who has not complied with the requirements of law, the Council will not approve your plans for you to build and you will also not get title to the stand you would have bought. Investment in buildings is the key in life however one should be wary of land barons when purchasing a stand so there is need to stay alive.
The Government or Council offices can only be able to help you if you produce papers, so you need to ask for the above mentioned papers from the seller which you then take to the relevant offices for verification. Genuine sellers would not deny you your right to verify the stand before you part with your hard earned cash. Do not be unduly influenced by being rushed to pay, property is a lifetime investment. Take your time to visit the site first and see if you like the stand and the neighbourhood, verify the papers and then enter into an agreement with the assistance of lawyers.