State Lands Regulations, 1995 (L. N. No. 13 of 1995)

ISSN 0796 - 0271 Supplement "A" to 7lze Gambia "(jal(:tte-No.-15 of 3rd May, /995. 57 Legal Notice No. 13 of 1995. THE REPUBLIC OF THE GAMBIA. STATE LANDS REGULATIONS, 199§ ~@gulation: Arrangem@nt of R@gulations PRELIMINARY 1. Short title 2. Interpretation PART I APPLICATION FOR GRANT OF STATE LAND FOR RESIDENTIAL PURPOSE 3. Grant of State Land 4. Application for residential purpose 5. Application to be registered 6. Application to conform with eligibility criteria 7. Interview of applicants 8. Minister to approve grants 9. Acceptance of grant 10. Payment of premium, etc. 11. Status of survey marks PART II APPLICATION FOR GRANT OF STATE LAND FOR NON RESIDENTIAL PURPOSE 12. Application for non-residential purpose 13. Board to refer application to Planning Authority 14. Board to submit application to Minister for approval 15. Notification of approval 16. Procedure after approval PART III APPLICATION FOR LEASE BY DEEMED LESSEE 17. Application for lease by a deemed lessee 18. Supporting documents 19. Conditions for grant of lease to deemed lessee 20. Minister's approval 21. Notification of approval PART IV COVENANTS IN ALL LEASES 22. Covenants to be included in all leases PART V ADDITIONAL COVENANTS IN SPECIFIC LEASES 23. Additional covenants to be inclup.ed in all agricultural leases 24. Additional covenants to be included in all residential leases 25. Additional covenants for all industrial leases 26. Additional covenants for all commercial leases 27. Additional covenants for tourism leases PART VI CONTENTS OF A LEASE 28. Contents of a lease 29. Lease to include deed plan and seal 30. Lease to bear specified signatures and seal 31. Specimen lease PART VII PREMIUM 32: Board empowered to fix premium 33. Lease to be issued only' after payment of premium 34. Premium to be based on cost of infrastructure 35. Basis for working out premium 36. Minimum premium payable for unit area PART VIII - LAND RENT 37. Land Rent chargeable 38. Basis of ~ana rene 39. Nominal land rent for religious anc charitable institutions 40. Grantees in default of land rent' to forfeit ~L~al1t 4l. Charges for leases PA~T IX MISCELLANEOUS 42. Development of pUblic places 43. Protective measures for green belts and buffer zones 44 . Protective measures for forest reserves 45. Use of woodland and cultivated area 46. Revisioq of fees, etc. STATE LANDS ACT, 1991 'O:T<\TE LANDS REGULATIONS, 1995 (Made Under Section 30) PRELIMINARY Short title Interpretation Act NO.1 of 1991 Cap. 57: 01 1. 2. These regulations may be cited as the State Lands Regulations, 199~. In these regulations, unless the context other.wise requires, "certificate of occupancy" means a certificate issued bya Local Authority to a deemed lessee for the occupation of a parcel of land for a given period; "development permit" means a permit issued to a developer under the Physical Planning and Development Control Act; "eligibility criteria" is the standard use by the Land Administration Board to evaluate an application for a grant of landfor residential purposes; "infrastructure" means the network and appurtenances relating to roads, drainage, water supply, sewerage, electricity and telecommunication provided in an area covered by an approved plan; "intensity of development" means the extent to which a plot is permitted to be developed which shall be governed by the Landuse Regulations, 1995; "land register" means the register kept in accordance with the Land (Registration of Deeds) Act; "land rent" means the annual rent charged on all grants of land within a designated ar'ea; "lease plan" means a survey plan attached to a lease; "off-site infrastructure" means the infrastructure which is essentially external to an area but necessary for the connection to and functioning of the infrastructure works within the area; ·on-site infrastructure" means infrastructure which is essentially local to an area and directly serving only that area; ·planned area" means any area covered by an approved plan; ·premium" means a charge: levied on a grantee or deemed lessee to meet the cost of infrastructure on his parcel of land; and "site plan" has the same meaning as in the Development Control Regulations, 1995. PART I - APPLICATION FOR GRANT OF STATE LAND FOR RESIDENTIAL PURPOSE Grant of State land Application for residential purpose Application to be registered Application to conform with eligibility criteria 3. 4. s. 6. All grants of State land shall be in planned areas only. I (1) All applications for grant of State land for residential purpose shall be in Form 1 of Schedule I. (2) A fee of ten dalasis shall be charged for such application form. The Board shall register all applications received by it. (l)-The Board shall review all applications in accordance with the eligibility criteria prescribed in Schedule II. (2) An application which does not comply with the eligibility criteria or planning conditions laid down by the Plaru:..ing Authority shall be rejected and the applicant informed accordingly. (3) The Minister may from time to time revise the eligibility criteria after due notification in the Gazette. 62 Interview of applicants .Minister to approve grants 7. 8. (1) An applicant or his representative who possesses a power of attorney shall, if his application complies with the eligibility criteria and the required planning conditions, be called to an interview. (2) The interview shall be conducted by the Board or by its sub-committee. (1) The list of applicants· selected by a Board and whose numbers are proportionate to the plots of land available for allocation shall be submitted to the Minister for approval. (2) The Minister's approval shall be conveyed to each successful applicant in Form 3 of Schedule I. Acceptance of grant Payment of premium, etc Status of survey marks Application for non-residential purpose 9. A successful applicant shall inform the Board in Form 4 of Schedule I whether or not he accepts the grant under the terms and conditions c!""'ecified in the letter of·arant. 10. A successful applicant .shall pay a survey fee and premium before a lease is issued. 11. Each grantee shall, within three months of receiving his lease, inform the Director in Form 5 of Schedule I whether or not the survey marks shown on the plan attached to his ~ease are in place. PART II - APPLICATION FOR GRANT OF STATE LAND FOR NON-RESIDENTIAL PURPOSE 12. An application for the grant of State land for a non-residential purpose shall be in Form 2 of Schedule I I and shall include the following additional information: (a) preferred location and site plan of the plot of land; (b) justification of the required area; (c) description and app~~ximate cost of the proposed ceve i opment s at the s i.t e , and (d) such further info,~~12':.i;:;r,;. as '[nay be required by the Board. Board to rafer 13. application to Planning Authority (1) The Board shall refer an application for non-residential land to the Planning Authority using Form 6 of Schedule I. (2) The Planning Authority shall advice whether or not the proposed application conforms with the Approved Plan and established Planning Standards. Board to submit application to Minister for approval Notification lof approval Procedure after approval Application for lease by a deemed lessee Supporting documents 14 The Board shall, if advised that the proposed application conforms with the Approve~ Plan and established Planning Standards, submit the application to the Minister for approval. 15. The applicant shall be informed of the Minister's approval in Form 3 Schedule I and the conditions of grant. 16. The provisions of regulations 9, 10, and 11 shall be followed for the grant of non residential land under this Part. PART III - APPLICATION FOR LEASE BY DEEMED LESSEE 17. A deemed lessee may apply for a lease in accordance with Form 7 of Schedule I. 18. (1) An application for a lease by a deemed lessee shall be accompanied by the following supporting documents: (a) location and site plans showing the boundaries of the land and any development on thelandi (b) certificate of occupancy issued and countersigned by the Alkali and local District Authority which shall be in Form 8 of Schedule Ii (c) proof of identity 'of the deemed lessee; and (d) such further Lnr ormat i on as t.hp Roard may require. (2) The Board may seek relevant Planning verification of the accordance with Form 9 the advice of Authority application of Schedule I. the for in Conditions for grant of lease to deemed lessee Minister's approval Notification of approval Covenants to be included in all leases 19. (1) Where the Board decides that a lease should be gr~nted, it shall specify the conditions of such grant and it shall indicate '(a) the size and subdivisions of the plot of land; (b) readjustment of boundaries, if any; (c) the use, type and value of development stipulated in the approved plan or by the Planning Authority; and (d) the premium and ground rent payable. (2) Where the land is situated in an area not covered by an approved plan, the Board shall refer the application to the Planning Authority for advice. 20. The Board shall submit its recommendation to the Minister for approval. 21. The deemed lessee shall be notified of the Minister's approval in Form 10 of Schedule I. PART IV - COVENANTS IN ALL LEASES 22. Every lease shall contain the following covenants which the lessee shall observe : (a) to erect within six months from the date of the lease a boundary fence surrounding the whole of the demised plot of land,and at all times thereafter to maintain the boundary fence in good condition and complete repair; Act No.1 of 1991 (b) not to use the land for a purpose other than that which the lease was granted or deemed to be granted; (c) to take all reasonable measures to p~otect every survey mark erected on the land; (d) to indemnify the lessor against all claims, demands, expenses and liabilities in connection with the land and to pay the cost, charges and expenses incurred by the lessor in abating any nuisance or for remedying any other matter in connection with the demised plot of land in compliance with any law; (e) to permit the lessor or any officer appoint~d by him at reasonable times to enter upon the land and into any buildings on the land in order to view the state of the land; (f) not to erect or permit to be erected any building or other structure on or over any part of any electricity reserve or water or sewerage way-leave affecting the land; (g) not to carry out any "development on or in relation to the land without first obtaining a development permit issued under the Physical Planning and Develop ment Control Act, 1991 and any consent required under any other written law in respect of such development; . (h) to keep in good and substantial re pair and condition all buildings toge ther with all fixtures and fittings; (i) not to do or permit anything to be done in the premises or any part thereof which may cause danger, nuisance, scandal or annoyance to the lessee of the neighbouring premises; (j) to preserve existing trees as much as possible; (k) that the lessee shall not mortgage or create any charge or encumbrance on the premises 'flitJ:lOut the consent of the Minis ter in writing first obtained; and (1) that the lessee shall not subdivide, convey, assign or otherwise alienate the premises or any part thereof by sale, transfer of possession, lease or sublease without t~e -consent of the Minister in writing first obtained and such consent shall not be granted iithe lessee has not developed the demised pre mises in accordance with the covenants in that behalf. PART V ADDITIm;rAL COVENAJ.~TS IN SPECIFIC LEASES Additional covenants to be included in agricultural leases. 23. The following additional covenants shall apply to agricultural leases: (a) to plant crops within two years of the date of the commencement of such lease in at least half of such part of the land as is suitable for such cUltivation, and at least three quarters of the land within the first three years of the date of commencement and to keep at least three quarters of the land so planted or so established for the remaining term of the lease; (b) in the case of animal husbandry, to commence using the land for such purpose within a year after the commencement of the lease; (el to use the demised plot of land for agricultural purpose only and not to build or permit to be ~uilt or erected any dwelling house other than a farm house on the demised premises; and (d) to farm, cultivate, secure and manage the whole of the demised plot of land in a good and husbandlike manner and not to allow any part to become impoverished, injured or deteriorated and to keep the land clean and free from weeds. The following additional convenants shall apply to leases for commercial purposes Additional convenants for leases for commercial purposes Additional covenants for tourism leases Contents of a lease Lease to iI1clude deed plan and seal 27. The following additional covenants shall apply tu leases for purposes of tourism: (a) to erect within six month~ from the date of the lease and at all times thereafter to maintain in good condition and complete repair a boundary fence surrounding the whole of the demised premises; and (b) to erect a structure upon the demised premises within the period specified by the Tourism Area Development Board. PART VI - CONTENTS OF A LEASE 28. Every lease shall indicate (a) a date on which the lease shall be effective; (b) the term of the lease; (c) the purpose for which the land shall be used; (d) the time period within which the land has to be developed; (e) the land rent payable; (fl description of the boundaries of the land to be inserted in the form of a schedule to the lease document; and (g) covenants to be complied with which shall be inserted in the form of a schedule to the lease document. 29. A lease shall include a deed plan of the land drawn in accordance with the p.rovf.s i.ons of the Survey Regulations I 1995 and duly authenticated by the Director. Lease to bear specified signatures and seal Specimen lease Board empowered to fix premium Lease to be issued only after payment of premium Premium to be based on cost of infrastructure 30. A lease shall bear the signature of the lessee, the Permanent Secretary Ministry for Local Government and Lands and the Minister, and the seal of the Department of Lands and Surveys shall be affixed on the lease. 31. The format of a lease shall be as shown in Schedule III which shall contain the relevant additional covenants. PART VII - PREMIUM 32. (1) A Board under the prov~s~on of section 18 (c) of the Act shall fix and notify the grantees and deemed lessees of all lands in an area covered by an approv~d plan and not provided by infrastructure, or where substantial renewal of infr.astructure is due, an appropriate premium to cover the cost or provision of infrastructure and the minimum premium chargeable shall be in accordance with Schedule IV. (2) Such notification in respect of an area shall be published in the. Gazette and the individual grantees and deemed lessees in that area shall be notified in writing. 33. A lease shall be issued by the Minister only after the premium has been paid by the grantees or deemed lessees and within the specified time which shall not exceed.six months from the date of notification, failing which the grant of land or issue of lease shall be cancelled. 34. The premium payable by the grantee or deemed lessee shall be assessed and fixed by the Board on the basis of the estimated or actual costs or part thereof of the infrastructure for the whole layout or area of which the plot of land cf the grantee or the deemed lessee forms part. Basis for working out premium Minimum premium payable for unit area 35. In assessing the premium of a plot of land the Board shall, raj in the case of a residential lavout or area, include allan-site itifrastruc ture costs and work out the unit costs in dalasis per S~Jare metre of land; (b) in the case of an industrial area, central business and commercial area or tourism development area, include all on-site and appropriate off-site infrastructure costs and work out the unit cost in dalasis per square metre of land; and (c) in the case of other layouts or area, include the on-site and off-site in frastructure costs, at its own discretion. 36. (1) In any layout or area, the premium chargeable per square metre of land shall be as follows: (a) for purely residential plots, the premium shall be assessed as provided in paragraph (a) of Regulation 35; (b) for corner residential plots, tne premium shall be 1.25 mUltiplied by the premium chargeable for purely residential plots; (c) for predominantly residential plots, the premium shall be 1.5 multiplied by the premium chargeable for purely residential plots; and (d) for neighbourhood commercial plots, the premium shall be 2.0 multiplied by the premium chargeable for purely residential plots. (2) In the case of layout of industrial area, central business and commercial area and tourism development area, the premium chargeable per square metres of land shall, subj ect to the minimum charges speCified in Schedule IV, be as assessed in accordance with paragraph (b) of Regulation 35. Land rent chargeable Basis of land rent (3) In the case of other layouts or areas, the premium chargeable per square metres shall, subject to the minimum charges specified in Schedule IV, be assessed in accordance with paragraph (b) of Regulation 35. PART VIII - LAND RENT 37. All properties within a designated area shall be charged land rent in accordance with Schedule V. 38. (1) Land rent shall be charged taking into account (a) the use of the land, as stipulated ia the lease or as indicated in the approved plan if a lease does not exist; (b) the location of the land; (c) the intensity of development as indi cated in the approved plan . and if such approved plan does not exist, it shall be the prevailing developments within the land; and (d) the actual area of the land in square metres. (2), The lessee shall notify the Board if there are any changes in use or the intensity of development of the extent of his land. Nominal land rent ·39. for religious and charitable institutions In the case of land allocated to reli gious and charitable organisations Schedule V shall not apply and the Board shall, in lieu of the standard rents mentioned in that Schedule, fix a nominal rent. Grantees in default of land rent to forfeit the grant Charges for leases Development of pUblic places Protective measures for green belts and buffer zones Protective 1IJ.easures for forest reserves Cap.61 40. (1) Owners of land in designated areas shall be notified of the rent by the appropriate Board in Form 10 of Schedule I. (2) Land rent is payable in a~vance for each year, before 31st January of that year. (3) A lessee who is in default of pay ment of land rent is liable to for feit the grant of land and the Minister may re-enter his 'land in accordance with the provisions of the Act. 41 .. The charges for the preparation of a lease excluding survey fees, stamp duty and registration fee shall be one hundred dalasis which shall be payable to the Central Revenue Department. PART IX - MISCELLANEOUS 42. Public open spaces may be developed or maintained by the local authority of the area, for recreational purposes, w~th the consent of the Board. 43. (I} In the case of green belts and buffer zones, the boundaries shall be demarcated and appropriate boundary beacons shall be vetted. by the Department of Lands and Surveys. (2} The local authority of an a~ea shall in liaison with the Department of Forestry, plant trees along the boundaries of green belts and buffer zones and provide sign-boards at strategic points prohibiting squatting in such areas. 44. (I} Forest reserves shall be protected and maintained by the appropriate autho rities in compliance with the Forest Act. Use of woodland and cultivated area Revision of fees, etc. (2) Any extension or r.hange of bounda ries of forest reserves shall be under taken in consultation with the relevant Board. 45. (1) Unalienated woodland and cultiva ted areas within designated areas which are normally not subject to a grant of lease, shall not be used for purposes other than agriculture and related activities. (2) All requests for grant of land for farming and related activities in the area shall be scrutinised by the Board, which shall liaise with and obtain the consent of the appropri~te Planning Authority and District Authority before land i p granted. 46. The Minister may, by Notice published in the Gazette I revise charges I premiums I and all fees oavable under these Regulations. SClIEOOLE I FORM 1 APPLICATION FORM FOR GRANT OF STATE LAND AT •••••••••••••••••••••••••••••• FOR RESIDENTIAL PURPOSE Ref and Date of Advertisement Application Fee D... ~........ PHOTO OF T.R. No...................... APPLICANT Date , . 1.. Surname .. Other Name '.' , " . 2. ,Address . 3. Natio~~l Identity Card No . 4. Nationality . 5. Date of Birth/Age ;. 6. Marital Status : ~ . No. of wives (if applicable) . 7. No. of Dependents . . 8. Occupation . 9. Grade (if applicable) . Net Annual Income D . lG.Name and Address of Employer (if applicable) . I already hold lease(s) for the following plots: Plot No Locality/Area Allocated on i) ii} iii) Lease on Present Status i) ii) iii} and following freehold properties Plot No. Locality/Area Present Status i) " . . ii) " . . iii) . . . . . . .. . . 12. How do you intend to develop the plot? (financing and attach proof of the same) If Building loan is qbtained, attach a copy of the letter on sanction of the loan. 13. Are you a tenant? YES NO. If yes, for how long . 14. Amount of rent paid per month . 15. Name and address of the landlord . ........................................................................ 16. Can you pay the premium or not . 1.7. Did you apply for a grant of land .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 18. Any other facts which you think FOR OFFICE USE ONLY Verification and comments after interview The application is complete in all respects and the details shown in the application comply with the general eligibility criteria and the criteria laid down for tn.e layout. plan. The applicant is eligible for grant of state land. The application is incomplete The details marked in red in the application do not comply with the general eligibility criteria or the criteria laid down for the layout plan. The application is rejected and returned to the applicant . the Board should know for consideration of your application (e.g. whether plot of your land has been acquired by the Government for public or planning purposes) DECLARATION I declare that to the best of my knowledge and belief the information furnished above is correct. (If upon investigation it is found that the information furnished is not correct, your application will not be considered) . Signature of the Applicant . Date ' , . Secretary LAB Chairman Sub Committee LAB FORM 2 ~??LICATICN FOR GP~T OF STATE L~~ :~R 2URPCSES OTHER T~~~~ RESIDENT!AL To: of Land Application nunilier 'tration Beard) 1. Name of t~e Applicant 2. Address , ' , . 3.. Nationali t)"' - '" D e . 4. Purpose fo::= which land is requested . 5. Details of t:,-e Proposed Development: (Outline building Plan and site plan to be attached) : (a) ~fFe, iloor area and number of floor of buildings: . Co) ?a:r):i:;.S space p.roposed: . (c) Landscapi:n~'j'P:roposed:...................•............... (d) Access to the plot of land: . I:i. Evidence of financial support: . 7. Re~istration Number of Applicant (if Company or o~ner business) : .......................•..............•........... 3. Nll.lllber of p~ople to be employed: •••...•.•••..•............... 9. Value of proposed investment: ..•............................. 10. Whether or not a feasibility study is available: . 11. Location and extent of area requested: . 12. I declare that to the best of my knowledge the information furnished above is correct. (If upon investigation, it is found that the information is not correct, the application may be rejected even after the grant of land). Signature of the Applicant .••.•.•••.•.................... , Date: .......................•.... FOR OFFICIAL USE ONLY Comments of the Planning Authority on the application Signature of the Director of Physical Planning and Housing Date: ........••......•.. ..••••.... Planning Authority , .. Taking due note of the facts given by the applicant and the comments of the Planning Authority, the application form: .•.. for .•........••.............•.•.•...............••...•......• is recommended/not recommended for award of the grant of State land. The site recommended by the Board is indicated in the site plan and the plan~ing conditions mentioned above by the Planning Authority shall apply to the grant. Secretary LAB Chairman LAB FORM 3 FORMAT OF A LETTER OF GRANT OF STATE LAND BY THE MINISTER Ref No . Name & Address of the Land Administration Board To: ..•.....•...•..••••.••.•••••••.• (Name of the Plot Allottee) Address: .......•....•...•..••.•.••• . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. ' " .. ALLOCATION OF A PLOT OF STATE LAND FOR. ',' ..•...........••....•.... (purpose) At •.•...•.•........•..••.•..•.•....•........ ',' .•................... With reference to your application for a grant of a plot of State Land for the above mentioned purposes at . we are pleased to inform you that the Honourable Minister has approved the allocation to you of Plot No in (Name of Layout if applicable) . , . Please note that you have to pay the following charges: Premium D..•....... (payable to Internal Revenue) Survey fees D (payable to Internal Revenue) Stamp Duty D (payable to Accountant General) Unless you pay these amounts within 90 days of the date ,of this lette~, no lease will be issued for the plot. This allocation do~s not permit you either to fence the plot o~ to develop it until you are granted a lease by the Minister and a Development Permit obtained from th~ Planning Autho~ity. If the terms and conditions of allocation mentioned above are acceptable to you, please complete and return the attached form within 30 days of this letter. If no reply is received within the specified date it will b~ taken for granted that you are not interested in the plot or have rejected the allocation and the plot allocated to you will be withdrawn. Signature of Director of Lands and Surveys Date: . FORM 4 FOro~~~ OF LETTER OF ACCZP~~~CE/REJECTION OF ALLOCATION FROM THE PLOT ALLOTTEE TO THE LA.1TO .i\DMINIS'I'R.~TION BOARD Name & Address of the Allottee To: DIRECTOR OF L~~S ~~ SURVEYS ............................................................ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. • ".'10 ...... OFFER OF ALLOCATION OF A PLOT OF STATE LAND At (Name of Layout) " . Please refer to your letter ref No: of (date) . indica ting tha t I have been allocated Plot No • • • • • • • in . . . . . . . . . . . . . . . . . . . Layout. * In this connection I wish to inform you that I accept the offer, the terms and conditions attached to the allocation are acceptable to me and I will pay the pr.amium and survey and registration fees within the specified date. * That I do not accept the offer due to the following reasons: (Signature of the Allottee) Name: Address: ............................................................. Da te : '.' . * [Delete whichever is not applicable] FORM 5 NOTIFICATION OF MISSION SURVEY MARXS BY A GRANTEE Name & Address of the Lessee ................ , . ........... ... -. . To Director of Lands & Surveys Please note that ••.••••••••••••••.••••••••..•••••••.••..•.•.•.•...• (indicate the number of missing survey marks) survey marks emplaced on my property s i tuate at •••••••••••••••••••• has been found missing. The J.ease document containing the approved survey plall was received by me on ...•••.•..•.••.•.•.••••••••.•••••••••••••.•••.You are requested to restore the missing survey marks under the provision of section 18 of 'the SurVeys Act, 1991. Name and Signature of the Lessee Date •.•.••....•.••••••••••••.•• FORM 6 FORMAT OF A LETTER FROM A LAND ADMINISTRATION BOARD TO THE PLANNING AUTHORITY TO SCRUTINISE THE APPLICATION FOR LAND FOR PURPOSES OTHER THAN RESIDENTIAL Secretary To: .................•........... Planning Autori ty (Name of Planning Authority) (Address) ...........•.......• APPLICATION FROM MR/MRS/MISS •..".•.••..••........••....•..•••. OF.....................................•.........•.........•.. FOR GR ANT. 0 F S TAT E FOR.....•......•.....•...•....•............. LAN D AT . Please find attached a copy of the application form No . from the above ~amed person for the purpose mentioned above. It will be appreciated if the Planning Authority scrutinises th~ application and advise whether or not the land applied for conforms with the specified use and planning standards. If the land applied for does not conform with your stipulations, please advise on an alternative site if possible. Specify also the development conditions applicable to the site, which may be incorporated in the lease docmnent. secretary Land Administration Board Date: " " . FORM 7 APPLICATION FOR ISSUE OF LEASE FOR A LAND HELD ONDgR CUSTOMARY TENURE/YEAR TO YEAR TENANCY AT BUT DESIGNATED AS STATE LAND ON (APPLICATION NUMBER App~ication Fee D..... FOR OFFICE USE ONLY T.R. No. .................. PHOTO OF Verify the Date .................................. APPLICANT following details and tick them, if found correct. Otherwise indicate inaccuracies 1. Name of deemed lessee who is applying for lease 2. Nationality and National Identity Card No: 3. Address 4 (a) Names, .relationship and identity of other persons owning or sharing the land Names Relation- Identity ship to Card No. the Applicant (b) No. of persons staying in the compound or land 5. Whether the lease has to be a joint lease in the names of all the above or not 6. Area of the land: m2 7. How long are you in possession of the plot and how was it acquired? 8. Purpose for which lease is requested 9. Brief description of existing development in the land and condition (a) No. and Condition of Buildings Buil ding No. of Storeys Total Floor Area Type of Struc ture Conditio n ~Area occupied by building;-and ancillary uses m2 (c) Use of the rest of land (d) Extent of undeveloped land m2 10. Whether the deemed lessee wants the land to be sub-divided or not? 11. Whether the deemed lessee has any plan for the future development of the land? If so, give details 12. Any other infonnation FORM 8 CERTIFICATE OF OCCUPANCY OF LAND HELD UNDER CUSTOMARY TEJ."ifANCY OR YEAR TO Y'"'.:.AR TENANCY PART 1 We, the undersigned, have checked and hereby certify that Mr/Mrs/Miss of .......................•.........................••.••••...•. ~ •.. has been holding the land described as follows: .....................................................................................................' .. and as shown in the location plan attached to this tertificate under customary tenure sinc·e •. ; ••.••••••...............•....•.••..• (state the date or No. of years) Date: ................•.... Signature and Name of Alkali of .......• Date: .....•••.............•.... Signature and Name of Chief of ...•..•.••..... Seal of District Authority Da te: ......•.••............. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Signature of Local Government Officer of Area Council/Clerk of Municipal Council of •.....•.•••...... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ~ .. Seal of Area Councilor Municipal Council Date: " . i Declaration: I declare that I am the owner of the land and to the best of my knowledge the information I furnished above is correct. (If upon investigation, it is fou~d that information furnished in the application is incorrect, either the lease will not be issued or if issued it will be withdrawn) . (Sgd) : Date: The ownership of the land and the particulars given in this application have been checked and found correct The ownership of the land and the particulars given in this application are doubtful. The application is to be referred to the District Authority for verification LAB Secretary 86 PART II (Vor office use only) Verification and Statement of the District Authority I, on behalf of the.••••.•.•.•.•..•.••••.....•.•.District Authority (name of the District) have verified the mmership -of the above mentioned land at ••• •••••••••••••••and found that the applicant, Hr/Hrs/Miss ............................ . of ' - .. is the r:i.ghtfu1 owner/ is nOt the rightful owner of the land. (delete whichever is not applicable) Date: .••••••...•.••.•....••..•..... Seal of the District Authority.••••••••••..• Signature and Name of Chairman ,of District Authority FORM 9 FORMAT OF THE REQUEST OF LAND ADMINISTRATION BOARD TO THE PLANNING AUTHORITY TO SCRUTINISE LEASE APPLICATION FORM To Secretary · ....•........•...............•... Planning Authori ty (Name of Planning Authority) (Address) ..................•..... : · ' . APPLICATIONFROM MR/MRS/MISS .................•......... - - OF••..••.••••••.....••.....•••..• TO LEASE THE CUSTOMARY LAND AT .....•..••................•....NOW DESIGNATED AS STATE LAND UNDER THE STATE LANDS ACT, 1991. Please find attached a copy of the application form No . from the above named deemed lessee to lease his property under customary tenure but now designated as State Land. A copy,of the certificate of ownership is also attached. It will be appreciated if you will advise on the present use, type and value of development applicable to the land, pending its likely sub-division according to an Approved Local Plan later. · " " . Secretary Land Administration Board Date: ................. " . FORM lO NOTIFICaTION TO TEE DEEMED LZSSEE ON TEE G~~~ OF A LE.~SE FOR HIS PROPER'?,: A.."'TD TEE C01-i'D7TIONS ATTACHED TO THE G~~lT Ref: , . To: (Name and Address of the Applicant) 11~1me and Addr~ss of the Land Administration 3Gard .D2.te: •••••.•••••••••••... APPLICATION FOR ISSUE OF' A LEASE FC:?. ':OUR CUSTO:MA:~Y LAND NOW DESIGNATED AS STATE LAND SITUATE AT ...•.••••••••••••••.••••• (Name of Place) ............................................................................ '" ~ .. With reference to your application dated . for the grant of a lease for the land you are holding at the above mentioned location, please be advised that the Minister for Local Government and Lands has agre~d to grant you a lease on the following conditions: 1. Use of the land should be. , . 2. The plot will be sub-divided as E1dicated in :::le attached plan. 3. The Planning Authori ty has recc:.mnended the acquisition of. those sub-divisions or parts marked in red in the plan and the acquisition will be undertaken in accordance with the provisions of the Land Acquisition and Compensation Ace, 1991. (Delete this paragraph if it is not ,,,-};rplicable) 4. The type and value of development dpplicabl~ to your land or the remaining sub-divisions shaL. lJ:s 5. You have to pay the following fees: (a) Premium ............•............. (b) Land rent .....•...•••............ 6. Please note that if the premium specified above is not paid within six months of the date of this notification, no lease shall be issued in respect of the land or sub-division of the land. secretary, Land Administration Board SCHEDULE II GENERAL ELIGIBILITY CRITERIA FOR GRANT OF LAND FOR RESIDENTIAL Pu~POSES IN APPROVED LAYOUT PLA!~ AREAS A Land Administration Board in receiving applications for grant of land for residential purposed in approved layout plan areas shall apply the following eligibility criteria: 1. A person who is less than 21 years of age shall not be allocated a plot of land. 2. A non-Gambian shall not be allocated a plot of land. 3. As a general rule the allocation shall be one plot per person. 4. A person who sold, assigned or transfered his allocated land shall not be considered for allocation again up to five years from the date of sale, assignment or transfer of land. 5. A person who has not been allocated d plot of land by the Government but having more than one plot of land in his name, whether under freehold or leasehold title, shall not be considered for allocation of land. 6. A person who applied for a plot of land before and was considered but failed because of the limited number :)f c l ot.s available shall be given priority over others. 7. A person who is in rented accomodation for over five years shall, subject to paragraph 6., be given priority over others. 8. Persons whose plots 'have been re entered for contravention or non compliance with lease conditions shall not be considered for grant of another plot for five years fro the time of re-entry or uhtil sufficient proof is produced to ~ effect that they would be in a position to develop the plot of Ian accordingly if allocated. 9. A person whose plot of land, whetheJ leased or held under customary tenancy, has been acquired by the Government for public purposes shalJ be given priority over others. SCHEDULE III FORMAT OF A TITLE DEED THIS LEASE IS MADE THIS day of ...............•... , . between THE MINISTER for the time being responsible for the administration of the State Lands Act, 1991 on behalf of the Government of The Gambia by virtue of the PQwers vested in him by the said Act of the one part and . (Name and address of the lessee) (hereinafter called the "Lessee" which expression shall where the context so admits include his assigns) of the other part. WITNESSETH AS follows: 1. In consideration of the ren~ hereinafter reserved and of the covenants on the part of the Lessee hereinafter contained or implied by virtue of the said Act, the Minister hereby demises unto the Lessee ALL THAT piece or parcel of land described in the First Schedule hereto and delineated on the plan annexed thereto and thereon surrounded by a pink verge line TO HOLD the same unto the Lessee from the ......••...•....••..•••......•...... for the term of NINETY-NINE years PAYING THEREFORE during the said term the net yearly rent of ......•.••.•.•...•......••....••..DALASIS clear of all deductions such rent to be payable in advance before the 31st day of January of every year: Provided that the net yearly rent may be reviewed in accordance with the State Lands Act. 2. The Lessee hereby agrees to obse:rve and perform the said implied covenants and hereby further covenants with the Minister that the Lessee will throughout the term hereby granted perform and observe the provisions and stipulations contained in th~ Second Schedule hereto. 3. If the Lessee is desirous of taking a new lease of the demised premises after the expiration of the term hereby granted then the Minister may grant to the Lessee a new lease of the premises hereby demised for a further term of NINETY-NINE years provided there shall be no subsisting breach of·any of the lessee's obligations under these presents. 4. If the rent hereby reserved or any part thereof shall at any t~e be in arrears or there shall be ary breach or non-observance of the covenants and ccnditions expressed or implied by virtue of the said Act or the R.egulations made thereunder or as contained in the Second Schedule hereto on the part of the Lessee then the Hinister may at any ttme after such breach or non-observance re enter into and upon the premises or any part thereof in the name of the whole and shall repossess, hold and enjoy the same as in its former state on behalf of the Government of The Gambia. IN WITNESS WHEREOF the Zofinister in accordance ;';:'::: :::2 :'::oV'ision of the Regulations to the said Act has hera~cer 3~: ~~2-~and and caused c.he seal of The Government of The Gambia:: ::a affixed hereto and the Lessee' has set his hand hereto tns iay and year first above written. THE FIRST SCHEDULE ABOVE REFERRED TO: (Description of the boundaries of the land, shown in the deed plan authenticated by the Director of Lands and. Surveys to be inserted hexe) . THE SECOND SCHEDULE ABOVE· REFERRED TO: (The general covenants and the appropriate specific covenants applicable to the particular land use class mentioned in the State Lands Regulations, 1994 together with any additional planning conditions specified by the Planning Authority to be inserted here) . 1. Signed and Sealed with the seal of the Department of Lands and Surveys and delivered by •••••••••••••••••••••••••••••••• MINISTER FOR LOCAL GOVERNXImT & LANDS In the presence of: Permanent Secretary 2. Signed Sealed and delivered by the above named In the presence of: (Signature & Name of witness) SCHEDULE IV MINIMUM PREMIUM CHARGES PER SQUARE METRE OF LAND '* Use of Plot Pure Residential Predominantly residential Business Commercial Industrial Private Institutions Tourism Agricultural Type of Plot Neighbourhood Commercial Small scale Large scale Small Hote~s & Restaurants Large Hotels Farms, Orchards Nurseries, etc Plot Size in m2 300 301-500 501-750 Any size between 301-1000 Any size between 301-1000 500-750 500-1000 1000 1000 500-1000 1000 2000-5000 10000 Below 10ha 10-50ha Above 50ha Mimimum Premium per m2 in Dalasis No premium 10 20 25% extra of minimum payable for a cor responding residen tial plot. 50% extra of minimum premium payable for a corresponding pure ly residential plot. 30 50 30 50 30 30. 30 40 1000 per ha 1500 perha 2000 per ha * The Uses are classified in accordance with the Landuse Regulation, 1995. SCIlEOOLE V RATES OF I AND RENTA "" LOCATION INDEX .. INTENSITY OF DEVELOP~lENT INDEX Land USe! .entral Snburc- Fringe Tour-ism Adjoin- Adjoin At t he Adjoin- Sf ngLe M\llt:i Reeaeke class rea han Area Devekop-, ing ing junc- ing Storey gr.orcy Area ment Major Minor tion of a public Area Road Road Roads Facilit . Residen tial 4 2 1 5 1 0;5 0.5 0.25 1 0.5 Business & for Cotnmercial 6 3 2 5 2 1 1 0.50 1.5 each addi Industrial 4 2 1 - 2 1 1 0.0 1 tiona Puhlic Areas 4 2 1 2 1 0.5 0.5 0;0 1 eeocc 'I'rensporte-, tion & Com murri catLon 4 2 1 2 1 0.5 0.5 0.0 1 UtUities & Services 3 2 1 2 1 0.5 0.5 0.0 1 For hotels an Tourism, 3 2 1 5 1 0.5 0.5 0.25 1 additional index of 1 Mining & unit per 500 Quarrying - - 2 - 1 .0.5 - 0.0 1 beds will be Agr~cultun:! - - 0.25 - 0.1 - - - - added. Area of 2 l~iJ~, ~ SOO 501 - 1000 1001 - 2000 2001 - 5000 5001 - 10.000 Alove 10. 000 Rates of Land Rent 2 Rate in Dalasis per 100m Iper unit index 10.00 12 • 50 15 •• 00 17 50 20 00 25 00 Notes To calculate the land rene of a parcel of land: (8) Determine the location index of the land according to its land use and location. (b) Determine the intensity of development index according to land use and type of de.elopmen c , (c) Add (a) and (b) and multiply that SUm with the appropriate rate shown on the table B. Central Area: Suh-urban Area: Fringe Area: Tourism Development: Intensity of Development: Landuse Class: NB Definition of Terms in the Schedule This constitutes the area comprising the central, commercial and business area and the intensity bUilt-up area, with a high density, adjoining the same. This constitutes the medium or low density area contiguous to the central area. Mostly this will constitute resi dential neighbourhoods but may also in clude other landuse such as industrial area, tourism area, etc. This is the outlying settlement within a designated area, mostly detached from the central and sub-urban area and in cludes undeated villages, Undicidual farmste~ds, etc. Thi~ area will be characterised by-very ~w density d~velopment with large areas mainly earmarked for cuI tivation",'ores t reserve, etc. This is a designated area, exclusively meant for tourism-related activities. This is defined in Regulation 2 and it means the extent to which the plo~ is permitted to be developed. In the context of this Schedule, only the number of storeys is taken as an index of intensity of development. This is landuae as classsified and speci fied in the Landuse Regulations, 199'. Wi t:-:::.n any des :.gnated area, the L0:nd Administration Board, in close liaison with the Planning Authority will deter mine and delineate which areas constitute the Central Area, Suhurban Area, Fringe Area. and Tourism Development Area. before embarking upon determination of the land ;"ent for properties. The Boa.rd may revis~ these delineations as and when found necessa~ C. Example 1: How to Use the Land Rent Calculation Table For a Residential plot of size SOOm2 located in the central area, adjoining a major road and adjoining a post office, with permission to build a three storey apartment. Location Index: For central Area For Adjoining a major road For Adjoining public facilities 4 1 0.25 5.25 Intensity of Development Index: Example 2 For three storeys = 1 for ground floor + 0.5 for each of two storeys = 1 + 2 x 0.5 = 2 Total for location index .......•...... and intensity of development 5.25 + 2 = 7.25 index Unit slab rate for'plots 500 and below = D10. a/100m2 Rent for the plot = Area x Unit rate x total index = 500 x 10 x 7.25 100 = D 362 5 Rent for a Hotel ot' 300 beds and occupying a land area of 2 ha in the Tourism Development Area. The hotel adjoining a minor road and at the intersection of two minor roads and it has permission to build two sotrey structures. Location Index For Tourism Development Area For Adjoining a minor road For locating at the junction of roads Sub-total 5 1 For the next floor Index for Hotel = 1 unit for first 500 beds = Intensity for Development Index For two storeys = 1 + 0.5 .L..S. Total Index = 6.5 + 1.5 + 1 = Unit slab rate for Plots of 2 ha (20,000m2 ) = Area x unit rate x total index = 9 = 25.00/100m 20,000 x 25x9 100 D45,000 MADE THIS 9TH DAY OF FEBRUARY, 1995,. Cpt. YANKUBA TOURAY Minister for Local Government and Lands